2010 Tennessee Code
Title 44 - Animals And Animal Husbandry
Chapter 12 - Tennessee Public Livestock Market Charter Act
44-12-109 - Issuance of charters Hearings Notice Review Suspension or revocation.
44-12-109. Issuance of charters Hearings Notice Review Suspension or revocation.
(a) Upon the filing of the application, the commissioner shall determine that all necessary information has been furnished, and then shall fix a reasonable time for the hearing on the application in the city itself, or the nearest city thereto, where the public livestock market is proposed to be located. The commissioner forthwith shall cause a copy of the application, together with notice of the time and place of hearing, to be served by mail not less than fifteen (15) days prior to the hearing upon the following persons or associations:
(1) All duly organized statewide livestock associations in the state that have filed written notice with the board of a request to receive notice of such hearings and such other livestock associations as, in the opinion of the commissioner, would be interested in the application; and
(2) The owners of all public livestock markets in the state. The commissioner shall give such further notice of the hearing by publication of the notice thereof twice in a daily and weekly newspaper circulated in the city or town where the hearing is to be held as, in the opinion of the commissioner, will give public notice of the time and place of hearing to persons interested. A hearing shall be conducted by the board, and if, after a hearing on the application, at which interested persons may formally appear in support or opposition to the application, the board finds from the evidence presented that the public livestock market for which a market charter is sought would beneficially serve the livestock economy, the market charter shall be issued to the applicant. The board, in determining whether the charter shall be granted, shall consider the following:
(A) The financial stability, business integrity and fiduciary responsibility of the applicant;
(B) The adequacy of the facilities proposed to be used;
(C) The present market services elsewhere available to the trade area proposed to be served;
(D) Whether the proposed public livestock market would be permanent and continuous;
(E) The livestock industry marketing benefits to be derived from the establishment and operation of the public livestock market proposed in the application; and
(F) The economic feasibility of the proposed market services.
(b) If the board finds the applicant is unqualified or determines that the charter should not be issued because of failure to comply with the standards prescribed in this chapter, it shall deny the application, and the applicant, or any interested party who claims to have been adversely affected by the order, shall have the right to have the action of the board reviewed as provided by title 27, chapter 9.
(c) The board has the authority to suspend or revoke any charters previously issued under this chapter. When such action is taken by the board, which must have reason to believe that a charter holder has violated a provision of this chapter, then the board shall conduct a hearing to determine if the charter should be suspended or revoked. A ten-day notice shall be given to the suspected violator, and a hearing shall be conducted at Ellington Agricultural Center, Nashville. The board has the power to subpoena any persons or records incident to the hearing and a charge of contumacy may be filed for those who refuse to comply. All evidence and testimony shall be given under oath, to be administered by a court reporter who shall be in attendance. Appeal of the board's actions shall be as provided in this section.
[Acts 1967, ch. 323, § 9; 1974, ch. 523, § 1; T.C.A., § 44-2409.]
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