§ 4.1-27-07 — Investigation of auction market - Hearing to determine whether license should be issued or revoked

should be issued or revoked.
1. The commissioner, upon the commissioner's own motion or upon a complaint by any
person, may enter an investigation of the sales and transactions of any livestock
auction market and of the conditions under which the business of the livestock auction
market is conducted. The commissioner may conduct a hearing to determine whether
the license of any auction market should be revoked or whether the application of the
owner or operator of a livestock auction market for an original or renewal license
should be denied.

2. The commissioner shall conduct an investigation of an alleged violation of this chapter
when:
a. A complaint, allegation, or order to show cause, alleging an act which would
constitute a violation of this chapter, is filed by the packers and stockyards
administration of the United States;
b. The commissioner has information sufficient to form a reasonable belief that a
violation of this chapter has occurred; or
c. The commissioner has received a sworn statement, affidavit, or other evidence
from any person alleging a violation of this chapter.
3. The commissioner shall conduct a hearing to determine whether a violation has
occurred when, pursuant to an investigation, probable cause exists that a violation of
this chapter has occurred.
4. The commissioner shall conduct an audit, or cause an audit to be conducted, when
probable cause exists that any livestock auction market has violated any of the
financial provisions of this chapter, when it reasonably appears that the liabilities of the
livestock auction market exceed its assets, or when the auction market has refused to
pay a proper claim without reasonable cause.