4-7-11 - Department authority -- Examination and investigation of transactions -- Notice of agency action upon probable cause -- Settlement of disputes -- Cease and desist order -- Enforcement -- Revi
4-7-11. Department authority -- Examination and investigation of transactions --Notice of agency action upon probable cause -- Settlement of disputes -- Cease and desistorder -- Enforcement -- Review.
(1) For the purpose of enforcing this chapter the department may, upon its own motion,or shall, upon the verified complaint of an interested consignor, investigate, examine, or inspectany transaction involving:
(a) the solicitation, receipt, sale, or attempted sale of any product of agriculture by adealer or person assuming to act as a dealer;
(b) the failure to make a correct account of sales;
(c) the intentional making of a false statement about market conditions or the conditionor quantity of any product of agriculture consigned;
(d) the failure to remit payment in a timely manner to the consignor as required bycontract or by this chapter;
(e) any other consignment transaction alleged to have resulted in damage to theconsignor; or
(f) any dealer or agent with an unsatisfied judgment by a civil court related to an activityfor which licensing is required by this chapter.
(2) (a) After investigation upon its own motion, if the department determines thatprobable cause exists to believe that a dealer has engaged or is engaging in acts that violate thischapter, it shall issue a notice of agency action.
(b) (i) Upon the receipt of a verified complaint, the department shall undertake to effect asettlement between the consignor and the dealer.
(ii) If a settlement cannot be effected, the department shall treat the verified complaint asa request for agency action.
(3) (a) In a hearing upon a verified complaint, if the commissioner, or hearing officerdesignated by the commissioner, determines by a preponderance of the evidence that the personcomplained of has violated this chapter and that the violation has resulted in damage to thecomplainant, the officer shall:
(i) prepare written findings of fact detailing the findings and fixing the amount ofdamage suffered; and
(ii) order the defendant to pay damages.
(b) In a hearing initiated upon the department's own motion, if the commissioner orhearing officer determines by a preponderance of the evidence that the person complained of bythe department has engaged in, or is engaging in, acts that violate this chapter, the commissioneror officer shall prepare written findings of fact and an order requiring the person to cease anddesist from the activity.
(4) The department may petition any court having jurisdiction in the county where theaction complained of occurred to enforce its order.
(5) Any dealer aggrieved by an order issued under this section may obtain judicial reviewof the order.
(6) (a) The department may not act upon a verified complaint submitted to thedepartment more than six months after the consignor allegedly suffered damage.
(b) A livestock claim shall be made in writing within 120 days from the date of thetransaction.
Amended by Chapter 378, 2010 General Session