(1) All requests for approval of
changes in the ownership, management, control, operations, regular sale day, or
location of a livestock auction market must be submitted to the department of
livestock by written petition setting forth the facts of the changes and
requesting departmental approval. Any necessary supporting data may be
submitted as attachments to the petition.
(a) In the event that a change in ownership
or control is involved, supporting data must include:
(i) Current financial statements of the
market and of those persons acquiring ownership or control, prepared by a
certified public accountant or a licensed public accountant; and
(ii) Executed copies of any contracts
bearing on the change of ownership or control.
(b) In the event that the changes involve a
relocation of the market facility supporting data must include:
(i) A detailed copy of construction plans
of the new facility; and
(ii) Proof that the new location and
have been approved by the water quality bureau, Montana department of health
and environmental sciences, and meet any other regulatory requirements which
may be applicable.
(2) The department may require such other
information and documents relating to the change as it deems necessary.
(3) In the event that a hearing is required
under ARM 32.15.104, at least 10 days notice must be given to all persons who
are recipients of notice under section 81-8-252 MCA, and to all
persons who have previously advised the department in writing of their interest
in such matters. A copy of the notice must be posted at the market in a
conspic-ious place easily accessible to the public for a period of not less
than 10 days before the hearing.
(4) A hearing held under this sub-chapter
must be conducted according to the contested case provisions of the Montana
Administrative Procedures Act and any rules promulgated thereunder.