(a) The Department, on behalf of the Board, may decline to grant or to renew a livestock auction market license or may suspend or revoke a license upon the following grounds:
- (1) The licensee and/or applicant has violated any provisions of law, rules of the Board, orders of the Board, court orders, or federal regulations regarding the livestock auction market business;
- (2) The licensee and/or applicant is guilty of misrepresentation, deception, or fraud in securing a livestock auction market license;
- (3) The licensee and/or applicant fails to keep records as required by this Chapter and the Packers and Stockyards Administration Regulations;
- (4) The licensee and/or applicant fails to provide a bond or other financial instrument as security;
- (5) The licensee and/or applicant commits fraud or misrepresentation as to the charges, brands and weights of livestock;
- (6) The licensee and/or applicant has had a license revoked or suspended;
- (7) The licensee and/or applicant has been denied a bond in Oklahoma or any other state;
- (8) The licensee and/or applicant has been found guilty of violating Packers and Stockyards Administration regulations;
- (9) The licensee and/or applicant has failed to comply with a final order of the Board;
- (10) The licensee and/or applicant knowingly receives on consignment or sells or exchanges stolen livestock or mortgaged livestock without authority from the owner or mortgagee; or
- (11) The licensee and/or applicant fails to provide a current financial statement when requested by the Department.
(b) The Department, on its own initiative or on written complaint, may investigate a livestock auction market licensee and may file a complaint against the licensee with the Oklahoma Board of Agriculture.
- (1) The complaint shall be set for hearing before the Board for the purpose of determining whether to grant, renew, suspend, or revoke a license.
- (2) No hearing shall be held without giving the applicant or the holder of a license at least twenty (20) calendar days written notice thereof.
- (3) An investigation or hearing initiated by the Department under this part may be held before an examiner designated by the Board.
- (c) The licensee may request a hearing in the event the license has been suspended, revoked, or issuance or re-issuance denied by the Board. No hearing shall be held without giving the applicant or the holder of a license at least twenty (20) calendar days written notice.
Added at 14 Ok Reg 1121, eff 12-2-96 (emergency)
Added at 14 Ok Reg 2422, eff 6-26-97