§19-10B-1. Short Title
This article shall be known and may be cited as "The West Virginia Livestock Dealer's Licensing Act."
§19-10B-10. Penalties
(a) Criminal penalties – Any person who shall violate any of the provisions of this article or rule adopted hereunder is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 for the first offense, and upon conviction of each subsequent offense, shall be fined not […]
§19-10B-11. Construction
The provisions of this article are remedial and shall be liberally construed and applied so as to promote the purposes set out in the various sections of the article.
§19-10B-2. Definitions
Unless the context clearly indicates otherwise, as used in this article: (a) "Bond" means a written instrument guaranteeing that the person bonded shall faithfully fulfill the terms of the contract of purchase and guarantee payment of the purchase price of all livestock purchased by him/her, and made payable to the commissioner for the benefit of […]
§19-10B-3. License Required; Fee
It shall be unlawful for any person except a livestock producer to engage in the business of buying, receiving or assembling livestock for resale, or selling livestock in this state without being licensed as a livestock dealer by the commissioner. All applications for a livestock dealer's license or renewal of such license shall be made […]
§19-10B-4. Applicant to Furnish Bond
Before issuing any livestock dealer's license, the commissioner shall require the applicant to file either: (1) A properly attested sworn statement that he or she is maintaining a valid surety bond pursuant to the requirements of The United States Department of Agriculture Packers and Stockyards Act of 1921, 42 Stat 159.7 USCA, 181 as amended; […]
§19-10B-5. Records of Transactions; Inspection by Commissioner
Every licensed livestock dealer shall make and retain for at least two years written livestock sales records in the form and manner prescribed by the commissioner, including, but not limited to, records indicating the identification numbers or letters, sex, brand and approximate weight of all livestock bought, sold, received, exchanged or otherwise transferred, and the […]
§19-10B-6. Investigation of Complaints; Board of Review; Orders of the Commissioner; Hearing; Review
(a) The commissioner of agriculture is hereby invested with the authority to, and shall upon the verified written complaint of any person or by his/her own initiative, investigate the actions of any livestock dealer, or any person who assumes to act in that capacity. Upon verification of the complaint that there is probable cause, the […]
§19-10B-7. Refusals, Suspensions or Revocation of Licenses
The commissioner may refuse to grant or may suspend or revoke a livestock dealer's license when it is determined from the evidence that there is reasonable cause to believe that any of the following situations exists: (a) Where the applicant or licensee has violated the laws of the state or official regulations governing the interstate […]
§19-10B-8. Fees Paid Into Special Fund in State Treasury
All funds collected under this article shall be paid into the state Treasury and credited to a special fund to be appropriated by order of the commissioner for the enforcement of this article.
§19-10B-9. Commissioner to Enforce Article; Rules and Regulations
The commissioner shall administer and enforce the provisions of this article and shall have authority to issue regulations, after a public hearing, following due notice in conformance with the provisions of the state administrative procedures as set forth in chapter twenty-nine-a of this code, to carry out the provisions of this article.