2016 North Dakota Century Code Title 36 Livestock Chapter 36-05.1 Satellite Video Livestock Auction Markets
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CHAPTER 36-05.1
SATELLITE VIDEO LIVESTOCK AUCTION MARKETS
36-05.1-01. 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 for
compensation or profit as a public market where livestock located in this state is sold
or offered for sale at a facility or website within or outside the state through the 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 or a livestock auction
market licensed under chapter 36-05.
5. "Satellite video livestock auction market" means a place or establishment conducted or
operated for compensation or profit as a public market where livestock located in this
state is sold or offered for sale at a facility within or outside the state through the use of
a satellite video at a public auction.
36-05.1-02. Satellite video livestock auction market and internet auction - Authority to
transact business.
No satellite video livestock auction market or internet livestock auction market may transact
business in this state unless the market transacts business through a 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 internet
livestock auction market and annually, on or before July first, each representative shall
file an application for a license to transact business with a satellite video livestock
auction market or internet livestock auction market with the commissioner on a form
prescribed by the commissioner. The application must 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
livestock auction market with which the applicant proposes to transact business;
and
d. 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 livestock
auction market or internet livestock auction market the representative proposes to
do business with is financially responsible and bonded to transact such business;
c. A schedule of the fees and commissions that will be charged to owners, sellers,
or their agents; and
d. A copy of the contract between the representative and the satellite video livestock
auction market or internet livestock auction market with which the representative
proposes to transact business. The contract must contain a provision authorizing
the commissioner or the commissioner's designee to have access to the books;
papers; accounts; financial records held by financial institutions, accountants, or
other sources; and other documents relating to the activities of the satellite video
livestock auction market or internet livestock auction market and requiring the
satellite video livestock auction market or internet livestock auction market to
make such documents reasonably available upon the request of the
commissioner or the commissioner's designee. The contract must also provide
that the satellite video livestock auction market or internet livestock auction
market and its representative are jointly and severally liable, with the right of
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contribution, for all business transacted within this state by the representative on
behalf of the satellite video livestock auction market or internet livestock auction
market. If the contract between the representative and the satellite video livestock
auction market or internet livestock auction market is terminated, rescinded,
breached, or otherwise materially altered, the representative and the satellite
video livestock auction market or internet livestock auction market shall
immediately notify the commissioner. Failure to notify the commissioner of
termination, rescission, breach, or material alteration of the contract between the
representative and the satellite video livestock auction market or internet livestock
auction market is deemed to be a failure to keep and maintain suitable records
with the department and is deemed to be a 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 by
court.
All fees collected by the commissioner under this chapter must be deposited in the general
fund of the state treasury. A license may be refused or revoked for any reason specified in
subdivision c or d of subsection 2 of section 36-04-04 or section 36-04-10, or if the contract
required by this chapter between the representative and the satellite video livestock auction
market or internet livestock auction market is extinguished, rescinded, or canceled, or is
breached by either party. The action of the commissioner in denying an application for a license
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 chapter is delivered, whether interstate or
intrastate, the livestock must be inspected for health by a veterinarian licensed in this state and
approved by the state board of animal health and, in the case of cattle, for brands by a trained
brand inspector, acting under rules adopted by the North Dakota stockmen's association and
the state board of animal health. The inspection must take place at the time of the initial delivery
of the livestock. If livestock is destined to be shipped interstate, the authorized veterinarian shall
furnish to each purchaser a certificate showing that the inspection has been made and
treatment administered in accordance with the requirements of the state of destination. The
services and duties of the veterinary inspector are under the supervision of the state board of
animal health. Fees for the veterinary inspection must be an amount agreed upon by the
representative and the veterinarian. All fees for veterinary inspection, treatment, and services
must be collected by the representative and paid to the inspector.
36-05.1-06. Method of payment.
Payment to the seller for livestock sold through a satellite video livestock auction market or
internet livestock auction market must be made in United States currency, with an instrument
payable on demand drawn on a financial institution chartered and regulated by a state or the
federal government, or by wire transfer or other electronic form of payment from a financial
institution chartered and regulated by a state or the federal government.
36-05.1-07. Sale of livestock by weight - Scales to be inspected.
Notwithstanding section 36-21-15, all livestock sold by weight through a satellite video
livestock auction market or internet livestock auction market must be sold based on the weight
of the livestock on the day of delivery. All livestock sold by weight must be weighed on scales
that have been tested and inspected by the department of weights and measures in the manner
provided by law.
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