ORS 599.401 Livestock auction market license required; moving location of market; rules

No person shall operate a livestock auction market within this state without first having been licensed by the State Department of Agriculture as provided in this chapter. Any license to operate a livestock auction market is personal to the holder thereof and is not transferable.

Upon prior written application approved by the department, the licensee may move the location of the auction market facility within the boundaries of the trade area served. Such application shall contain the information required by ORS 599.406 (1)(a), (b), (d), (f) and (g).

The department shall notify the applicant by certified mail within 30 days of receipt of an application submitted under paragraph (a) of this subsection whether the application has been approved or denied. If the department shall fail to act on the application within the 30-day period, it shall be deemed approved. If the application is denied, the applicant may at any time thereafter during the current licensing year or by indorsement on a renewal application request a hearing, in which case a hearing on the application for permission to move shall be held within 30 days thereafter pursuant to the provisions of ORS 599.416, limited to the question of the suitability and adequacy of the proposed new location and facilities. If a hearing is held pursuant to this paragraph, ORS 599.421 and 599.426 shall also be applicable.

If the department finds that moving the location of the auction market facility would result in a substantial extension of the trading area served, it shall consider the application to be an application for a new license pursuant to ORS 599.406 and shall not consider it unless all requirements for such an application are met. The department may by rule establish criteria for determining whether an extension of trading area is substantial.