36-05.1 Satellite Video Livestock Auction Markets
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<![CDATA[CHAPTER 36-05.1SATELLITE VIDEO LIVESTOCK AUCTION MARKETS36-05.1-01. Definitions. In this chapter, unless the context otherwise requires:1."Commissioner" means the agriculture commissioner.2."Internet livestock auction" means a place or establishment conducted or operated<br>for compensation or profit as a public market where livestock located in this state is<br>sold or offered for sale at a facility or web site within or outside the state through the<br>use of the internet.3."Livestock" means horses, mules, cattle, swine, sheep, farmed elk, and goats.4."Representative" means a dealer licensed under chapter 36-04 who is a resident of<br>this state or a livestock auction market licensed under chapter 36-05.5."Satellite video livestock auction market" means a place or establishment conducted<br>or operated for compensation or profit as a public market where livestock located in<br>this state is sold or offered for sale at a facility within or outside the state through the<br>use of a satellite video at a public auction.36-05.1-02. Satellite video livestock auction market and internet auction - Authorityto transact business. No satellite video livestock auction market or internet livestock auction<br>market may transact business in this state unless the market transacts business through a<br>representative licensed under this chapter.36-05.1-03. Application for license - Contents.1.Before entering into business with a satellite video livestock auction market or<br>internet livestock auction market and annually, on or before July first, each<br>representative shall file an application for a license to transact business with a<br>satellite video livestock auction market or internet livestock auction market with the<br>commissioner on a form prescribed by the commissioner. The application must<br>show:a.The nature of the business for which a license is desired;b.The name of the representative applying for the license;c.The name and address of the satellite video livestock auction market or internet<br>livestock auction market with which the applicant proposes to transact<br>business; andd.Other information the commissioner may require.2.The application for a license or for a renewal of a license must be accompanied by:a.A license fee of one hundred dollars;b.Evidence the commissioner may require showing that the satellite video<br>livestock auction market or internet livestock auction market the representative<br>proposes to do business with is financially responsible and bonded to transact<br>such business;c.A schedule of the fees and commissions that will be charged to owners, sellers,<br>or their agents; andPage No. 1d.A copy of the contract between the representative and the satellite video<br>livestock auction market or internet livestock auction market with which the<br>representative proposes to transact business.The contract must contain aprovision authorizing the commissioner or the commissioner's designee to have<br>access to the books; papers; accounts; financial records held by financial<br>institutions, accountants, or other sources; and other documents relating to the<br>activities of the satellite video livestock auction market or internet livestock<br>auction market and requiring the satellite video livestock auction market or<br>internet livestock auction market to make such documents reasonably available<br>upon the request of the commissioner or the commissioner's designee. The<br>contract must also provide that the satellite video livestock auction market or<br>internet livestock auction market and its representative are jointly and severally<br>liable, with the right of contribution, for all business transacted within this state<br>by the representative on behalf of the satellite video livestock auction market or<br>internet livestock auction market. If the contract between the representative<br>and the satellite video livestock auction market or internet livestock auction<br>market is terminated, rescinded, breached, or otherwise materially altered, the<br>representative and the satellite video livestock auction market or internet<br>livestock auction market shall immediately notify the commissioner. Failure to<br>notify the commissioner of termination, rescission, breach, or material alteration<br>of the contract between the representative and the satellite video livestock<br>auction market or internet livestock auction market is deemed to be a failure to<br>keep and maintain suitable records with the department and is deemed to be a<br>false entry or statement of fact in an application filed with the department.36-05.1-04. Use of fees - Grounds for refusal or revocation of license - Review bycourt.All fees collected by the commissioner under this chapter must be deposited in thegeneral fund of the state treasury. A license may be refused or revoked for any reason specified<br>in subdivision c or d of subsection 2 of section 36-04-04 or section 36-04-10, or if the contract<br>required by this chapter between the representative and the satellite video livestock auction<br>market or internet livestock auction market is extinguished, rescinded, or canceled, or is<br>breached by either party. The action of the commissioner in denying an application for a license<br>or revoking or suspending a license may be appealed as provided in section 36-05-13.1.36-05.1-05. Inspection of livestock. Before any livestock sold pursuant to this chapteris delivered, whether interstate or intrastate, the livestock must be inspected for health by a<br>veterinarian licensed in this state and approved by the state board of animal health and, in the<br>case of cattle, for brands by a trained brand inspector, acting under rules adopted by the North<br>Dakota stockmen's association and the state board of animal health. The inspection must take<br>place at the time of the initial delivery of the livestock. If livestock is destined to be shipped<br>interstate, the authorized veterinarian shall furnish to each purchaser a certificate showing that<br>the inspection has been made and treatment administered in accordance with the requirements<br>of the state of destination. The services and duties of the veterinary inspector are under the<br>supervision of the state board of animal health. Fees for the veterinary inspection must be an<br>amount agreed upon by the representative and the veterinarian.All fees for veterinaryinspection, treatment, and services must be collected by the representative and paid to the<br>inspector.36-05.1-06. Method of payment. Payment to the seller for livestock sold through asatellite video livestock auction market or internet livestock auction market must be made in<br>United States currency, with an instrument payable on demand drawn on a financial institution<br>chartered and regulated by a state or the federal government, or by wire transfer or other<br>electronic form of payment from a financial institution chartered and regulated by a state or the<br>federal government.36-05.1-07. Sale of livestock by weight - Scales to be inspected. Notwithstandingsection 36-21-15, all livestock sold by weight through a satellite video livestock auction market or<br>internet livestock auction market must be sold based on the weight of the livestock on the day ofPage No. 2delivery. All livestock sold by weight must be weighed on scales that have been tested and<br>inspected by the department of weights and measures in the manner provided by law.Page No. 3Document Outlinechapter 36-05.1 satellite video livestock auction markets]]>