Section 287.124 - Dealers or brokers license; revocation, hearing, notice, review; causes for revocation.
LICENSING LIVESTOCK DEALERS (EXCERPT)
Act 284 of 1937
287.124 Dealers or brokers license; revocation, hearing, notice, review; causes for revocation.
Sec. 4.
For failure or refusal to obey the provisions of this act, the department may refuse a license or suspend or revoke the license held by such licensee. Whenever the director is satisfied of the existence of any one or more of the reasons for refusing, suspending or revoking the license provided for in this act, before refusing, suspending or revoking the license, the department shall give written notice of a hearing to be had thereon to the licensee affected. The notice shall appoint a time of hearing at the department and shall be mailed by certified or registered mail to the licensee. On the day of the hearing, the licensee may present such evidence to the director as he deems fit regarding the violations charged, and the director shall thereupon render a decision. Any licensee who feels aggrieved at the decision of the director may appeal from said decision within 10 days by writ of certiorari to the circuit court of the county where the licensee resides. The following reasons shall be construed as just cause for refusal, suspension or revocation of a license:
(a) Where the applicant or licensee has failed to pay in full for any amounts due on livestock purchased, or has violated the laws of the state or official regulations promulgated by the director or other competent authority governing the interstate or intrastate movement, shipment or transportation of animals.
(b) Where there have been false or misleading statements to the purchaser as to the health or physical condition of the animal or animals with regard to official tests, ownership, or quantity of animals or misrepresentation in connection therewith, or in the buying or receiving of animals, or receiving, selling, exchanging, soliciting, or negotiating sale, resale, exchange, transport, transfer, weighing, or shipment of animals.
(c) Where the licensee engages in buying or receiving animals, or receiving, selling, exchanging, soliciting, or negotiating the sale, resale, exchange, transport or transfer of animals affected with a communicable disease or diseases that are likely to be transmitted to other animals or human beings: Provided, That subdivision (c) of this section shall not apply to animals which have reacted to any test used for the detection of tuberculosis, and Bang's disease, when said animals are disposed of in conformity with state laws and regulations governing disposal of such animals and when such animals are killed under supervision of a United States department of agriculture research service inspector or a regularly authorized inspector of the state livestock disease control division.
(d) Where the licensee fails to practice measures of sanitation, disinfection, and inspection as required by this act, of premises or vehicles used for the stabling, yarding or transportation of animals.
(e) Where there has been a failure or refusal on the part of the licensee, upon the request of the department, to produce records of transactions in the carrying on of the business for which such license is granted.
History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- CL 1948, 287.124 ;-- Am. 1957, Act 290, Eff. Sept. 27, 1957