2017 ORS 599.421¹
Matters to be considered in granting licenses
  • change of market ownership
  • fee exception

(1) In its consideration of the application for license, the State Department of Agriculture shall consider:

(a) The ability of the applicant to qualify with the provisions of the federal Packers and Stockyards Act of 1921, 7 U.S.C. 181 to 228, as amended, and effective June 29, 1971.

(b) The testimony and evidence adduced at the hearing provided for in ORS 599.416 (Hearing on license application) and the data and information contained in the application required by ORS 599.406 (License application).

(c) The nature and extent of livestock auction market services already available in the trade area proposed to be served by the applicant, and whether the granting of a license to the applicant would be beneficial or detrimental to the livestock industry and economy in the trade area, or would impair the ability of any other livestock auction market license holders to continue unimpaired service to the trade area.

(d) Any record or information relating to the applicant’s prior experience in the operation of a livestock auction market and apparent ability to permanently and continuously serve the trade area in such capacity.

(2) An application for license at an existing licensed livestock auction market location that is occasioned solely by a change in the form of ownership or by a transfer of ownership, shall be made upon forms furnished by the department which need only contain the information required in ORS 599.406 (License application) (1)(a), (b), (c) and (g), but if applicant’s transferor has altered or remodeled the facilities or if applicant proposes to do so, the application shall also contain the information required in ORS 599.406 (License application) (1)(d). The application processing fee required by ORS 599.406 (License application) (3) shall not be applicable to an application filed pursuant to this subsection.

(3) The application processing fee required by ORS 599.406 (License application) (3) shall not be applicable to an application for the reissuance of a license to operate at a livestock auction market location if the application is made within one year after the expiration of the applicant’s license to operate at that location and the expired license was otherwise valid at the time of expiration. [1971 c.578 §6; 1999 c.473 §2]

Atty. Gen. Opinions

Applica­tion of state and federal antitrust laws to require­ment that Agriculture Depart­ment shall consider effect of new competitor on existing businesses in area, (1979) Vol 40, p 86

1 Legislative Counsel Committee, CHAPTER 599—Livestock Auction Markets; Stockyards; Auction Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors599.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 599, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano599.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.