2005 Nevada Revised Statutes - Chapter 573 — Public Sales of Livestock

CHAPTER 573 - PUBLIC SALES OF LIVESTOCK

NRS 573.010 Definitions.

NRS 573.015 Declarationof policy.

NRS 573.020 Holdingof public livestock auction without license prohibited; procedure forapplication for license.

NRS 573.030 Bondrequired for issuance of license; deposit in lieu of bond.

NRS 573.033 Detailsand amount of bond; liability of surety.

NRS 573.035 Bondof market agency.

NRS 573.037 Depositin lieu of bond: Amount; action for recovery against deposit; retention byDepartment.

NRS 573.040 Feefor license.

NRS 573.050 Issuanceof license.

NRS 573.060 Separatelicense required for each establishment or premises.

NRS 573.070 Formof license.

NRS 573.080 Renewalof license.

NRS 573.090 Displayof license.

NRS 573.100 Denial,suspension or revocation of license; notice and hearing.

NRS 573.103 Auditsof accounts.

NRS 573.104 Custodialaccounts for consignors proceeds.

NRS 573.105 Lineof credit: Duty of Department to ascertain continued existence and amount orreplacement; suspension of license for failure to maintain.

NRS 573.106 Paymentof net proceeds of sales to consignors.

NRS 573.107 Actionsby consignor creditor or Director on bond.

NRS 573.108 Dutiesof Director when licensee fails to pay consignor creditor; settlement orcompromise on bond; action by Director; subpoenas.

NRS 573.109 Districtcourts power to compel attendance of witnesses and production of books andpapers; orders.

NRS 573.110 Recordsto be maintained by licensee: Contents; location; inspection; retention.

NRS 573.120 Recordsto be maintained by person buying or receiving livestock for slaughter onconsignment or for commission or fee: Contents; inspection; retention.

NRS 573.125 Operatorto issue receipts to purchasers.

NRS 573.130 Regulationof sales of livestock under quarantine or infected or exposed to contagious,infectious or parasitic livestock disease; testing, treating and examination oflivestock.

NRS 573.140 Sanitationof premises; facilities for feed and water.

NRS 573.150 Inspectionand testing of scales.

NRS 573.160 Inspectionof premises and records by Department.

NRS 573.165 Approvedspace and facilities to be provided for brand inspection.

NRS 573.170 Changeof sale days: Procedure; special sales.

NRS 573.175 Securityagreements not impaired.

NRS 573.180 Exemptionfrom provisions of chapter for nonprofit organizations and associations.

NRS 573.183 Ceaseand desist orders.

NRS 573.185 Injunctions;restraining orders.

NRS 573.190 Penalties.

_________

NRS 573.010 Definitions. As used in this chapter:

1. Consignor means any person consigning, shippingor delivering livestock to a public livestock auction for sale, resale orexchange.

2. Department means the State Department ofAgriculture.

3. Director means the Director of the Department.

4. Livestock means:

(a) Cattle, sheep, goats, horses, mules, asses, burros,swine or poultry; and

(b) Alternative livestock as defined in NRS 501.003.

5. Operator of a public livestock auction means anyperson holding, conducting or carrying on a public livestock auction.

6. Public livestock auction means any sale orexchange of livestock held by any person at an established place of business orpremises where the livestock is assembled for sale or exchange, and isexchanged or sold at auction or upon a commission basis at regular or irregularintervals.

[1:78:1947; 1943 NCL 3825.01](NRS A 1961, 550;1965, 379; 1985, 527; 1993, 434, 1749; 1995, 514; 1999, 3689)

NRS 573.015 Declarationof policy. Because of the paramount importanceof livestock raising to the economy of the State of Nevada and the essentialfunction performed by public auction sales in the livestock industry, it isdeclared to be an essential part of the public policy of this state to regulatesuch sales in order to avoid fraud upon consignors or purchasers andmisappropriation of the proceeds of livestock sold.

(Added to NRS by 1965, 381)

NRS 573.020 Holdingof public livestock auction without license prohibited; procedure forapplication for license.

1. A person shallnot hold, operate, conduct or carry on a public livestock auction in this statewithout first securing a license therefor from the Department.

2. Theapplication for a license must be on a form prescribed and furnished by theDepartment and set forth:

(a) The name ofthe operator of the public livestock auction.

(b) The locationof the establishment or premises where the public livestock auction will beconducted.

(c) The type orkinds of livestock to be handled, sold or exchanged.

(d) A descriptionof the facilities that will be used to conduct the public livestock auction.

(e) The weekly ormonthly sales day or days on which the applicant proposes to operate his publiclivestock auction.

(f) The name andaddress of the bank or credit union where the custodial account for consignorsproceeds will be established and maintained by the operator of the publiclivestock auction in compliance with the provisions of NRS 573.104.

(g) Such otherinformation as the Department reasonably may require, including, withoutlimitation, proof that at the time of application the applicant has a line ofcredit established at a bank or credit union in the State of Nevada in anamount at least equal to the estimated average weekly gross sales receipts ofthe public livestock auction that will be conducted by him.

3. The application must be accompanied by a bond ordeposit receipt and the required fee as provided in this chapter.

[2:78:1947; 1943 NCL 3825.02](NRS A 1961, 551;1965, 379; 1993, 1750; 1999,1513, 3689; 2001, 91)

NRS 573.030 Bondrequired for issuance of license; deposit in lieu of bond. Before a license is issued by the Department to anoperator of a public livestock auction, the applicant must deliver to theDirector:

1. A surety bond pursuant to the provisions of NRS 573.033;

2. A bond approved by the Secretary of Agriculture ofthe United States pursuant to the provisions of NRS 573.035; or

3. A deposit receipt pursuant to the provisions of NRS 573.037.

[3:78:1947; A 1951, 574](NRS A 1959, 206; 1960, 346;1961, 551; 1965, 380; 1993, 1750; 1999, 3689)

NRS 573.033 Detailsand amount of bond; liability of surety.

1. If an applicant delivers a surety bond to theDirector pursuant to the provisions of subsection 1 of NRS 573.030, the surety bond must be:

(a) In the sum provided for in subsection 2.

(b) Executed by the applicant as principal and by asurety company qualified and authorized to do business in this state as surety.

(c) A standard form and approved by the Director as toterms and conditions.

(d) Conditioned that the principal will not commit anyfraudulent act and will comply with the provisions of this chapter and therules and regulations adopted by the Department.

(e) To the State of Nevada in favor of every consignorcreditor whose livestock was handled or sold through or at the licenseespublic livestock auction.

2. If the application for a license to operate apublic livestock auction is submitted by a person who:

(a) Has not operated in the past 12-month period, theDirector shall determine the sum of the initial bond that the applicant mustexecute in favor of the State, which sum must be equal to an amount estimatedto be 50 percent of the average monthly gross sales proceeds of the publiclivestock auction in the first 6 months of operation, but the sum must not beless than $10,000 or more than $100,000. At any time within the first 12 monthsof licensed operation, the Director may, upon written notice to the licensee,review the licensees operations and determine whether, because of increased ordecreased sales, the amount of the bond should be altered.

(b) Has operated in the past 12-month period, theDirector shall determine the sum of the bond that the applicant must execute infavor of the State, which sum must be equal to an amount equal to 50 percent ofthe average monthly gross sales proceeds received by the public livestockauction during the 6 successive months of the last 12-month period whichproduced the highest dollar volume, but the sum must not be less than $10,000or more than $100,000.

3. The total and aggregate liability of the surety forall claims upon the bond must be limited to the face amount of the bond.

(Added to NRS by 1965, 381; A 1993, 1750; 1999, 3690)

NRS 573.035 Bondof market agency. In compliance with theprovisions of subsection 2 of NRS 573.030,if the applicant is bonded as a market agency under the provisions of thePackers and Stockyards Act, 7 U.S.C. 204, as amended, and the regulationsadopted pursuant thereto, in a sum equal to or greater than the sum required bythe provisions of NRS 573.033, theapplicant may deliver to the Director a bond approved by the Secretary ofAgriculture of the United States naming the Director as trustee.

(Added to NRS by 1965, 382; A 1993, 1751; 1999, 3690)

NRS 573.037 Depositin lieu of bond: Amount; action for recovery against deposit; retention byDepartment.

1. As authorizedby subsection 3 of NRS 573.030, in lieuof filing the bond described in NRS 573.033or 573.035, the applicant may deliver tothe Director the receipt of a bank, credit union or trust company doingbusiness in this state showing the deposit with that bank, credit union ortrust company of cash or of securities endorsed in blank by the owner thereofand of a market value equal at least to the required principal amount of thebond, the cash or securities to be deposited in escrow under an agreementconditioned as in the case of a bond. A receipt must be accompanied by evidencethat there are no unsatisfied judgments against the applicant of record in thecounty where the applicant resides.

2. An action forrecovery against any such deposit may be brought in the same manner as in thecase of an action for recovery on a bond filed under the provisions of thischapter.

3. If any licensed operator of a public livestockauction for any reason ceases to operate the auction, the amount of money orsecurities deposited in lieu of a bond must be retained by the Department for 1year. If 1 year after the cessation of the operation, no legal action has beencommenced to recover against the money or securities, the amount thereof mustbe delivered to the owner thereof. If a legal action has been commenced withinthat period, all such money and securities must be held by the Director subjectto the order of a court of competent jurisdiction.

(Added to NRS by 1965, 382; A 1993, 1751; 1999, 1514, 3691; 2001, 91)

NRS 573.040 Feefor license. The State Board of Agricultureshall establish by regulation the fee for a license to operate a publiclivestock auction.

[Part 4:78:1947; 1943 NCL 3825.04](NRS A 1961,552; 1999, 3597)

NRS 573.050 Issuanceof license. Upon receipt of an application fora license under this chapter, accompanied by the required bond and license fee,the Department shall examine the application, and if it finds the applicationto be in proper form and that the applicant has otherwise complied with thischapter, the Department shall grant the license as applied for, subject to theprovisions of this chapter.

[Part 4:78:1947; 1943 NCL 3825.04](NRS A 1961,552; 1993, 1752; 1999,3691)

NRS 573.060 Separatelicense required for each establishment or premises. Aseparate license shall be required for each establishment or premises where apublic livestock auction is operated or conducted.

[Part 5:78:1947; 1943 NCL 3825.05]

NRS 573.070 Formof license. Licenses must be in such form asthe Department may prescribe, and set forth:

1. The name and address of the operator of the publiclivestock auction.

2. The location of the establishment or premiseslicensed.

3. The kinds of livestock to be sold, exchanged orhandled.

4. The period of the license.

5. The weekly or monthly sales day or days.

6. Such other information as the Department maydetermine.

[Part 5:78:1947; 1943 NCL 3825.05](NRS A 1961,553; 1993, 1752; 1999,3691)

NRS 573.080 Renewalof license. Licenses shall be renewed annuallyupon like application and procedure as in the case of original licenses.

[Part 5:78:1947; 1943 NCL 3825.05]

NRS 573.090 Displayof license. The original license or acertified copy thereof shall be displayed conspicuously by the licensee in thesale ring or in some other like prominent place in the licensed establishmentor premises.

[Part 5:78:1947; 1943 NCL 3825.05]

NRS 573.100 Denial,suspension or revocation of license; notice and hearing.

1. The Department may refuse to grant or to renew alicense or may suspend or revoke a license if, after notice and a hearing, theDepartment finds:

(a) That the licensee has violated any provision ofthis chapter, or any rule, order or regulation issued pursuant to law;

(b) That the licensee has knowingly received onconsignment, or sold or exchanged, stolen livestock or mortgaged livestockwithout authority from the owner or mortgagee;

(c) That the licensee has been guilty of fraud ordeception in any material particular in securing the license;

(d) That the licensee has failed to keep records asrequired by this chapter;

(e) That the licensee has failed to practice measuresof sanitation as required by this chapter, or has violated the rules andregulations, if any, for the yarding, housing, holding and feeding oflivestock;

(f) That the licensee, in the case of livestock weighedon the licensees scales and sold by weight, has knowingly quoted incorrectweights, or has failed to have his scales regularly inspected and tested;

(g) That the applicant or licensee has intentionallymade a false or misleading statement as to the conditions of the livestockmarket, or has authorized any false advertising reflecting the operation of hispublic livestock auction;

(h) That the applicant or licensee has been previouslyconvicted of a felony; or

(i) That the applicant or licensee has within 3 yearsnext preceding the action of the Department:

(1) Filed a voluntary petition in bankruptcy;

(2) Been adjudged an involuntary bankrupt;

(3) Received or been refused a discharge inbankruptcy; or

(4) Failed to make full settlement with allconsignor creditors after a claim against his surety or deposit in lieu of bondhas been collected by court order.

2. The provisions of subparagraphs (1), (2) and (3) ofparagraph (i) of subsection 1 do not apply to any person who has made fullsettlement with his creditors. A natural person shall be deemed to havecommitted one of the acts set forth in those subparagraphs if such an act hasbeen committed by any corporation of which he was at the time of the act anofficer or director or the beneficial owner of 20 percent or more of thecapital stock. A corporation shall be deemed to have committed one of the actsset forth in those subparagraphs if the act has been committed:

(a) By another corporation controlled by the applicantcorporation.

(b) By a natural person who at the time of applicationis an officer or director or the beneficial owner of 20 percent or more of thecapital stock of the applicant corporation.

(c) By another corporation of which a natural person asdescribed in paragraph (b) was at the time of the act an officer or director orthe beneficial owner of 20 percent or more of the capital stock.

3. In the case of any hearing held under theprovisions of this section, there must be filed in the office of the Departmenta memorandum stating briefly the reasons of the Department for the denial,suspension or revocation of the license, but formal findings of fact arerequired to be made or filed.

[6:78:1947; 1943 NCL 3825.06](NRS A 1961, 553;1965, 386; 1993, 1752; 1999,3691)

NRS 573.103 Auditsof accounts.

1. Except as otherwise provided in subsection 2, everyoperator of a public livestock auction shall cause his accounts to be auditedat least annually by a holder of a live permit under chapter 628 of NRS, and shall file with theDirector a copy of the audit, signed and certified as correct by the auditor.The Director may prescribe by regulation the content and times for filing ofthe audits.

2. Every operator whose accounts are audited under theprovisions of the Packers and Stockyards Act, 7 U.S.C. 204, as amended, shallfile a copy of each such audit with the Director.

(Added to NRS by 1965, 386; A 1993, 1753; 1999, 3692)

NRS 573.104 Custodialaccounts for consignors proceeds.

1. Each licensee shall deposit the gross proceedsreceived by him from the sale of livestock handled on a commission or agencybasis in a separate account established and maintained by the licensee in thebank or credit union at which his line of credit, as required by paragraph (g)of subsection 2 of NRS 573.020, isestablished. The separate account must be designated a custodial account forconsignors proceeds.

2. The custodial account for consignors proceeds maybe drawn on only:

(a) For the payment of net proceeds to the consignor,or any other person or persons of whom the licensee has knowledge who isentitled to those proceeds;

(b) To obtain the sums due the licensee as compensationfor his services; and

(c) For such sums as are necessary to pay all legalcharges against the consignment of livestock which the licensee in his capacityas agent is required to pay for and on behalf of the consignor.

3. The licensee shall:

(a) In each case keep such accounts and records thatwill at all times disclose the names of the consignors and the amount due toeach from the money in the custodial account for consignors proceeds.

(b) Maintain the custodial account for consignorsproceeds in a manner that will expedite examination by the Director andindicate compliance with the requirements of this section.

(Added to NRS by 1965, 382; A 1993, 1753; 1999, 1514, 3693; 2001, 91)

NRS 573.105 Lineof credit: Duty of Department to ascertain continued existence and amount orreplacement; suspension of license for failure to maintain. The Director shall ascertain, at least quarterly, thecontinued existence and amount of the line of credit shown pursuant toparagraph (g) of subsection 2 of NRS 573.020,or its replacement by a line of credit at another bank or credit union in theState of Nevada and the amount of the replacement. If the line of credit isreplaced, the custodial account must be transferred to the bank or credit unionissuing the new line of credit. If a line of credit in the amount required isnot maintained, the Director shall suspend the operators license.

(Added to NRS by 1965, 383; A 1993, 1754; 1999, 1515, 3693; 2001, 91)

NRS 573.106 Paymentof net proceeds of sales to consignors. Within24 hours after a sale of livestock by an operator of a public livestockauction, the operator of the public livestock auction shall pay to theconsignor of such livestock the net proceeds of the sale due such consignor.

(Added to NRS by 1965, 383)

NRS 573.107 Actionsby consignor creditor or Director on bond.

1. A consignor creditor claiming to be injured by thefraud of a licensee may bring an action upon the bond against the principal andthe surety in any court of competent jurisdiction to recover the damages causedby the fraud.

2. The Director or any consignor creditor may alsobring an action upon the bond against the principal and the surety in any courtof competent jurisdiction to recover the damages caused by any failure tocomply with the provisions of this chapter and the rules and regulationsadopted by the Department.

(Added to NRS by 1965, 383; A 1993, 1754; 1999, 3693)

NRS 573.108 Dutiesof Director when licensee fails to pay consignor creditor; settlement orcompromise on bond; action by Director; subpoenas.

1. In case offailure by a licensee to pay the amount due a consignor creditor whoselivestock was handled or sold through or at the licensees public livestockauction, as evidenced by a verified complaint filed with the Director, theDirector shall proceed forthwith to ascertain the names and addresses of allconsignor creditors of the licensee, together with the amounts due to them bythe licensee, and shall request all the consignor creditors to file a verifiedstatement of their respective claims with the Director. The request must beaddressed to each known consignor creditor at his last known address.

2. If aconsignor creditor so addressed fails, refuses or neglects to file in theoffice of the Director his verified claim as requested by the Director within60 days after the date of the request, the Director is relieved of further dutyor action under this section on behalf of that consignor creditor.

3. If becauseof the absence of records, or other circumstances making it impossible orunreasonable for the Director to ascertain the names and addresses of allconsignor creditors, the Director, after exerting due diligence and makingreasonable inquiry to secure the information from all reasonable and availablesources, may make demand on the bond on the basis of information in hispossession, and thereafter is not liable or responsible for claims or thehandling of claims which may subsequently appear or be discovered.

4. Uponascertaining all claims and statements in the manner set forth in this section,the Director may make a demand upon the bond on behalf of those claimants whosestatements have been filed, and may settle or compromise the claims with thesurety company on the bond and execute and deliver a release and discharge ofthe bond involved.

5. Upon therefusal of the surety company to pay the demand, the Director may thereuponbring an action on the bond on behalf of the consignor creditors. Upon anyaction being commenced on the bond, the Director may require the filing of anew bond. Immediately upon the recovery in any action on the bond the licenseeshall file a new bond. Upon failure to file the bond within 10 days, in eithercase, the failure constitutes grounds for the suspension or revocation of hislicense.

6. In anysettlement or compromise by the Director with a surety company as provided insubsection 4, if there are two or more consignor creditors that have filedclaims, fixed or contingent, against a licensees bond, the creditors mustshare pro rata in the proceeds of the bond to the extent of their actualdamage.

7. To enforcethe provisions of this section, the Director may receive verified complaintsfrom any consignor against any licensee, or agent, or any person assuming orattempting to act as such, and upon receipt of a verified complaint may conductany necessary investigations relating to the complaint. The Director mayadminister oaths of verification of the complaints.

8. To conduct investigations as provided for insubsection 7, the Director may enter a public livestock auction and examine anyrecords required under the provisions of this chapter. The Director may issuesubpoenas requiring the attendance of witnesses before him, together with allbooks, memoranda, papers and other documents relating to the matters underinvestigation.

(Added to NRS by 1965, 383; A 1981, 90; 1993, 1754; 1999, 3694)

NRS 573.109 Districtcourts power to compel attendance of witnesses and production of books andpapers; orders.

1. Thedistrict court in and for the county in which any investigation is conducted bythe Director pursuant to the provisions of subsections 7 and 8 of NRS 573.108 may compel the attendance ofwitnesses, the giving of testimony and the production of books and papers asrequired by any subpoena issued by the Director.

2. In case ofthe refusal of any witness to attend or testify or produce any papers requiredby the subpoena, the Director may report to the district court in and for thecounty in which the investigation is pending by petition, setting forth:

(a) That noticehas been given of the time and place of attendance of the witness or theproduction of the books and papers;

(b) That thewitness has been subpoenaed in the manner prescribed in this chapter; and

(c) That thewitness has failed and refused to attend or produce the papers required bysubpoena before the Director in the investigation named in the subpoena, or hasrefused to answer questions propounded to him in the course of the investigation,

and asking an order of the courtcompelling the witness to attend and testify or produce the books or papersbefore the Director.

3. The court, upon petition of the Director, shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in the order, the time to be not more than 10days after the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers before the Director. Acertified copy of the order must be served upon the witness. If it appears tothe court that the subpoena was regularly issued by the Director, the courtshall enter an order requiring the witness to appear before the Director at thetime and place fixed in the order and testify or produce the required books orpapers, and upon failure to obey the order the witness must be dealt with asfor contempt of court.

(Added to NRS by 1965, 385; A 1993, 1755; 1999, 3695)

NRS 573.110 Recordsto be maintained by licensee: Contents; location; inspection; retention.

1. Each operator of a public livestock auction shallkeep the following records for each lot of livestock consigned to or sold or exchangedthrough the public livestock auction:

(a) The name and address of the consignor.

(b) A description of the livestock which must includethe number and kind, approximate age, the sex, and any visible brands or otherdistinguishing or identifying marks.

(c) The name and address of the purchaser of thelivestock.

2. The records must be kept by the operator of apublic livestock auction at the establishment or premises where the sale isheld and conducted, or such other convenient place as may be approved by theDepartment.

3. The records must be open for inspection by allpeace officers of this state at all reasonable times, and must be retained forat least 2 years.

[7:78:1947; A 1949, 550; 1943 NCL 3825.07](NRS A1961, 553; 1993, 1756; 1999,3695)

NRS 573.120 Recordsto be maintained by person buying or receiving livestock for slaughter onconsignment or for commission or fee: Contents; inspection; retention.

1. Any person buying, or receiving on a consignment,commission or fee basis, any livestock for slaughter at a slaughteringestablishment or plant, shall keep the following records for each lot oflivestock so received:

(a) The name and address of the person from whom thelivestock was received.

(b) A description of the livestock, which must includethe number and kind, approximate age, the sex, and any visible brands or otherdistinguishing or identifying marks.

2. If any livestock bought or received as provided insubsection 1 is disposed of other than by slaughter, a record must be kept ofthe disposal, including the description as provided in subsection 1 and thename and address of the person receiving the livestock.

3. The records provided for in this section must beretained for at least 2 years and must be open for inspection by any peaceofficer or representative of the Department at all reasonable times.

[8.5:78:1947; added 1949, 550; 1943 NCL 3825.09](NRS A 1961, 554; 1993, 1756; 1999, 3696)

NRS 573.125 Operatorto issue receipts to purchasers. Each operatorof a livestock auction shall issue to each purchaser of livestock a receipt ona form approved by the Department, and the receipt must contain:

1. The name and address of the purchaser of thelivestock.

2. A description of the livestock, which must includethe number and kind, approximate age, the sex, and any visible brands or otherdistinguishing or identifying marks.

(Added to NRS by 1959, 207; A 1961, 554; 1977, 159;1993, 1757; 1999,3696)

NRS 573.130 Regulationof sales of livestock under quarantine or infected or exposed to contagious,infectious or parasitic livestock disease; testing, treating and examination oflivestock.

1. Livestock that is under quarantine because of anycontagious, infectious or communicable disease must not be consigned to or soldthrough any public livestock auction.

2. Livestock that is known to be infected with, orknown to have been exposed to, any contagious, infectious or parasiticlivestock disease must not be consigned to or sold through any public livestockauction except under rules and regulations governing the consignments and salesadopted by the Department.

3. The Department may require such testing, treatingand examining of livestock sold, traded, exchanged or handled at or throughpublic livestock auctions as in its judgment may be necessary to prevent thespread of infectious, contagious or parasitic diseases among the livestock ofthis state.

4. The Department may require operators of publiclivestock auctions to reimburse the Department for actual expenses or any partthereof incurred in testing, treating and examining livestock sold, traded,exchanged or handled at or through those auctions.

[Part 8:78:1947; A 1949, 550; 1943 NCL 3825.08](NRS A 1961, 554; 1993, 1757; 1999, 3696)

NRS 573.140 Sanitationof premises; facilities for feed and water.

1. The yards, pens and premises where livestock isheld or handled shall be regularly cleaned and disinfected for the purpose of preventinginfectious, contagious or parasitic livestock diseases.

2. If livestock is held on the premises for more than10 hours, then facilities for feeding and watering the livestock so held shallbe provided.

[Part 8:78:1947; A 1949, 550; 1943 NCL 3825.08](NRSA 1961, 555)

NRS 573.150 Inspectionand testing of scales. If any public livestockauction shall sell livestock by weight, the scales upon which such livestock isweighed shall be regularly inspected and tested.

[Part 8:78:1947; A 1949, 550; 1943 NCL 3825.08]

NRS 573.160 Inspectionof premises and records by Department. Tocarry out the provisions of this chapter and to conduct inspections pursuantthereto, the Department or any authorized representative thereof may enter theestablishment or premises where any public livestock auction is held andinspect the records thereof at all reasonable times.

[Part 9:78:1947; 1943 NCL 3825.10](NRS A 1961,555; 1993, 1757; 1999,3697)

NRS 573.165 Approvedspace and facilities to be provided for brand inspection. Public livestock auction facilities must include space andfacilities approved by the Director for brand inspectors to carry out theirduties in a safe and expeditious manner.

(Added to NRS by 1961, 512; A 1965, 387; 1993, 1757; 1999, 3697)

NRS 573.170 Changeof sale days: Procedure; special sales.

1. The operator of a public livestock auction mayapply to the Department for a change of the weekly or monthly sales day or daysspecified in his license. The application is subject to a hearing and approvalby the Director.

2. A special sale must not be conducted by the operatorof a public livestock auction unless he has applied to the Department inwriting 15 days before the proposed sale and the date of the sale is approvedby the Director.

[Part 9:78:1947; 1943 NCL 3825.10](NRS A 1961,555; 1965, 387; 1993, 1757; 1999, 3697)

NRS 573.175 Securityagreements not impaired. No provision of thischapter shall impair the validity of any security agreement.

(Added to NRS by 1965, 386; A 1969, 29)

NRS 573.180 Exemptionfrom provisions of chapter for nonprofit organizations and associations. None of the provisions of this chapter shall be deemed toapply to the Nevada Fair of Mineral Industries, 4-H clubs, the Nevada JuniorLivestock Show, the Nevada State Livestock Show, the Nevada Hereford Association,and any other organization or association which is entirely nonprofit in character.

[13:78:1947; added 1949, 11; 1943 NCL 3825.14]

NRS 573.183 Ceaseand desist orders. If the Director determines,on the basis of any verified complaint or of any inspection or investigationmade by him pursuant to this chapter, that any operator of a public livestockauction is violating or is about to violate any provision of this chapter forthe protection of consignor creditors, he may order:

1. The operator to cease and desist from:

(a) Receiving or selling any livestock;

(b) Receiving or disbursing any money; or

(c) Any practice which violates any provision of thischapter or any other law or any rule, order or regulation issued pursuant tolaw.

2. Any bank or credit union which holds the custodialaccount of the operator, as required by NRS573.104, to refrain from paying out any money from the account.

The orderceases to be effective upon the expiration of 3 days, excluding Saturdays,Sundays and other nonjudicial days, after its date of issuance unless a courthas, pursuant to NRS 573.185, issued anorder which continues the restraint.

(Added to NRS by 1965, 384; A 1993, 1758; 1999, 1515, 3697; 2001, 91)

NRS 573.185 Injunctions;restraining orders. If any licensee hasengaged or is about to engage in any acts or practices which violate or willviolate any of the provisions of this chapter or the rules and regulationsadopted by the Department, the district court of any county, on application ofthe Director, may issue an injunction or other appropriate order restrainingthat conduct. Proceedings under this section are governed by Rule 65 of theNevada Rules of Civil Procedure, except that no bond or undertaking is requiredin any action commenced by the Director.

(Added to NRS by 1965, 385; A 1993, 1758; 1999, 3697)

NRS 573.190 Penalties.

1. Any person who operates a public livestock auctionwithout a license required by this chapter, or who violates any of theprovisions of this chapter or of any rules or regulations adopted pursuantthereto, is guilty of a misdemeanor and, in addition to any criminal penalty,shall pay to the Department an administrative fine of not more than $1,000 perviolation. If an administrative fine is imposed pursuant to this section, thecosts of the proceeding, including investigative costs and attorneys fees, maybe recovered by the Department.

2. Each days operation in which livestock is sold orexchanged at any unlicensed public livestock auction constitutes a separateoffense.

[10:78:1947; 1943 NCL 3825.11](NRS A 1961, 555;1965, 387; 1993, 900; 1995, 548; 1999, 3698)

 

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