§ 106-406. Permits from Commissioner of Agriculture for operation of public livestock markets; application therefor; hearing on application.
Article 35.
Public Livestock Markets.
§ 106‑406. Permits from Commissioner ofAgriculture for operation of public livestock markets; application therefor;hearing on application.
Any person, firm or corporation desiring to operate a public livestockmarket within the State of North Carolina shall be required to file anapplication with the Commissioner of Agriculture for a permit authorizing theoperation of such market; provided that, those markets operating under a validpermit and in accordance with G.S. 106‑406 through 106‑418 at thetime this Article becomes effective shall be issued a license upon payment ofthe annual license fee and upon satisfying the requirement for bonding asspecified in G.S. 106‑407. An application for a permit shall include thefollowing information:
(1) The name and address of the applicant, name of market and alisting of the names and addresses of all persons having any financial interestin the proposed livestock market and the amount and nature of such interest,and such other information as is required to complete an application formsupplied by the Commissioner; and
(2) The plans and specifications for the facilities proposed tobe built, or for existing structures.
The application for a permit shall be accompanied by a permit fee oftwo hundred fifty dollars ($250.00), two hundred dollars ($200.00) of whichshall be returned to the applicant if the application is denied, plus onehundred dollars ($100.00) annual permit fee for the first year of operation ofthe market, all of which shall be returned to the applicant if the applicationis denied. There shall be an annual renewal fee of one hundred dollars($100.00) for each year of operation thereafter.
Upon the filing of said application, the Commissioner shall determine whetherall necessary information has been furnished. If all information required hasnot been furnished, the Commissioner shall notify the applicant by mail of theadditional information needed; it shall be furnished the Commissioner by theapplicant within 10 days of such notification. Upon receipt of all requiredinformation, the Commissioner shall issue a license or fix the date of ahearing on said application, to be held in Raleigh. Notice of the time and dateof the hearing shall be published in a newspaper having general circulation inthe county in which the livestock market is proposed to be located; said noticeshall appear at least 10 days prior to such hearing. The applicant shall benotified by mail by the Commissioner at least 20 days prior to the hearing ofthe time and place of said hearing. The Commissioner shall also notify by mailthe members of the Public Livestock Market Advisory Board of the time and placeof said hearing, at least 10 days before the date [on] which the hearing will beheld.
A public hearing shall be conducted by the Commissioner on saidapplication. If, after the hearing, at which any person may appear in supportor opposition thereto, the North Carolina Public Livestock Market AdvisoryBoard finds that the public livestock market for which a permit or license issought fulfills the requirements of all applicable laws, it shall recommend tothe Commissioner that a permit be issued to the applicant. If the Commissionerdenies the application, the applicant may commence a contested case under G.S.150B‑23 by filing a petition within 10 days after receiving notice of thedenial. Unless revoked by the Board of Agriculture pursuant to any applicablelaw or regulation, permits will be renewed each July 1 on payment of the annualrenewal fee. (1941, c. 263, s.1; 1943, c. 724, s. 1; 1967, c. 894, s. 1; 1971, c. 739, s. 1; 1973, c. 1331,s. 3; 1975, c. 69, s. 4; 1977, c. 132, ss. 1‑3; 1987, c. 827, s. 32.)