Nebraska § 54-1163 Hearing; determination;
factors; issuance of license

Nebraska Statutes

§ 54-1163 — Hearing; determination; factors; issuance of license

Nebraska·Ch. 54 Livestock

The hearing required by section 54-1162 shall be heard by the director. If the director determines, after such hearing, that the proposed livestock auction market would beneficially serve the livestock economy, the department shall issue a market license to the applicant. In determining whether or not the application should be granted or denied, reasonable consideration shall be given to:

(1)The ability of the applicant to comply with the federal Packers and Stockyards Act, 1921, 7 U.S.C. 181 et seq., as amended;

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

(3)The adequacy of the facilities described to permit the performance of market services proposed in the application;

(4)The present needs for market services or additional service

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The hearing required
by section 54-1162 shall be heard by the director. If the director determines, after such hearing,
that the proposed livestock auction market would beneficially serve the livestock
economy, the department shall issue a market license to the applicant. In
determining whether or not the application should be granted or denied, reasonable
consideration shall be given to:
(1) The ability of the applicant to comply with the federal
Packers and Stockyards Act, 1921, 7 U.S.C. 181 et seq., as amended;
(2) The financial stability, business integrity, and fiduciary
responsibility of the applicant;
(3) The adequacy of the facilities described to permit the
performance of market services proposed in the application;
(4) The present needs for market services or additional services
as expressed by livestock growers and feeders in the community; and
(5) Whether the proposed livestock auction market would be
permanent and continuous.

Nebraska § 54-1163 (Hearing; determination; factors; issuance of license) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: Laws 1963, c. 319, § 7, p. 965; Laws 1999, LB 778, § 66; Laws 2013, LB78, § 4; Laws 2014, LB884, § 25. Annotations: Determination of Livestock Auction Board that license should be issued will not be disturbed if there is any evidence to support it. Midwest L. C. Co. v. Tri-State L. C. Co., 182 Neb. 41, 151 N.W.2d 908 (1967).