§ 22-386 — Suspension or revocation. Hearing. Appeal.

Connecticut § 22-386

• Jurisdiction: Connecticut
• Title 22: Agriculture. Domestic Animals
• Ch. 437: Livestock Dealers

Text

For failure or refusal of a licensee to obey the provisions of this chapter, the commissioner may suspend or revoke the license held by such licensee. Whenever the commissioner is satisfied of the existence of any one or more reasons for revoking a license as provided for in this chapter, before revoking such license the department shall give written notice of a hearing to be had thereon to the licensee affected. Such notice shall be sent by registered or certified mail to the licensee at least ten days prior to the date set for the hearing at the department. On the day of the hearing the commissioner may hear the evidence presented by the licensee and any other witnesses, and the commissioner shall within a reasonable time thereafter render a decision. Any licensee aggrieved by the decision of the commissioner may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain. The following actions by the applicant or licensee shall constitute just cause for revoking or refusing a license: (1) The violation of state laws or official regulations governing intrastate or interstate movement of livestock; (2) where there have been false or misleading statements with regard to the results of official livestock disease diagnostic tests approved by the commissioner and the United States Department of Agriculture or with regard to ownership; (3) the buying or receiving of livestock, selling or exchanging, or soliciting resale, exchange, transport or transfer, of animals officially branded designated by the Department of Agriculture as being diseased, a quarantined animal, or animals from quarantined herds or flocks; (4) failure of the licensee to practice approved measures of sanitation of barns, stables, premises or vehicles used for stabling, holding or transporting of livestock; (5) consistent or continual failure to keep records required by the commissioner or by law, or refusal to produce books, accounts or records of transactions in the carrying on of the business for which the license is granted; (6) failure to comply with any provision of the general statutes or regulations thereunder relating to livestock; and (7) where a license to deal in livestock, issued to the applicant or licensee by another state, has been suspended or revoked by such state within five years next preceding the date of issuance or renewal of a license under the provisions of section 22-385.

Legislative History

(1959, P.A. 573, S. 6; 637, S. 2; 1961, P.A. 67; 1963, P.A. 57, S. 6; February, 1965, P.A. 25, S. 1; 1971, P.A. 872, S. 446, 448; P.A. 76-436, S. 459, 681; P.A. 77-603, S. 101, 125; P.A. 78-280, S. 5, 127; P.A. 81-231, S. 4, 6; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 99-215, S. 24, 29; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; P.A. 08-27, S. 6.) History: Later 1959 act replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1963 act added references to swine in Subdivs. (1), (3) and (4); 1965 act allowed revocation or suspension of license for burying, selling, etc. quarantined animals in Subdiv. (3) and added Subdiv. (6) allowing revocation or suspension of license for failure to comply with statutes or regulations re cattle or swine; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 76-436 required appeals to superior court rather than court of common pleas, effective July 1, 1978; P.A. 77-603 replaced previous appeal provision with statement requiring that appeals be made in accordance with Sec. 4-183 but retained venue in Hartford county; P.A. 78-280 replaced “Hartford county” with “judicial district of Hartford-New Britain”; P.A. 81-231 added Subdiv. (7) making suspension or revocation of a license to deal in livestock issued by another state grounds to revoke a license under Sec. 22-385; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced “judicial district of Hartford” with “judicial district of New Britain”, effective June 29, 1999; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 08-27 made technical changes, changed “cattle or swine” to “livestock” and, in Subdiv. (3), deleted exemption for cattle that have reacted to any official tuberculosis or brucellosis test, effective April 29, 2008. Cited. 4 CA 117.