4-30-107. Guidelines delineated for decision on application.

172 words·~1 min read·/ut/title-4/chapter-30/4-30-107

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

(1)The department, in determining whether to approve or deny the application, shall consider:

(a)the applicant's proven or potential ability to comply with the Packers and Stockyards Act, 7 U.S.C. Sec. 221 through 229b;

(b)the financial stability, business integrity, and fiduciary responsibility of the applicant;

(c)the livestock marketing benefits which potentially will be derived from the establishment and operation of the public livestock market proposed;

(d)the need for livestock market services in the trade area proposed;

(e)the adequacy of the livestock market location and facilities proposed in the application, including facilities for health inspection and testing;

(f)whether the operation of the proposed livestock market is likely to be permanent; and

(g)the economic feasibility of the proposed livestock market based on competent evidence.

(2)Any interested person may appear at the hearing on the application and give an opinion or present evidence either for or against granting the application.

Amended by Chapter 154 , 2020 General Session