minimum of 10 days' notice by mail must be given to all persons to whom notice is sent pursuant to the provisions of 81-8-252 of a hearing to consider an initial application for a certificate.

  1. The Hearing Examiner concludes that the requirements that must be met for a change of ownership of the operator of a livestock market were met. No contrary testimony or evidence was presented.
  2. The Hearing Examiner concludes that Buyer's qualifications to operate a livestock market were examined and found sufficient. No contrary testimony or evidence was presented.
  3. The requirement for a hearing on the change of ownership of the operator of a livestock market is set forth in ARM 32.15.104(2), as follows:
  4. Changes which result in ownership or control of the market passing to persons not already approved by the department of livestock to operate the market may be given approval only after public hearing before the department of livestock.
  5. The Hearing Examiner concludes that the hearing requirement for a proposed change in ownership or control of the livestock market was met.

RECOMMENDED ORDER

Based upon the review of the evidence, the consideration of testimony at the hearing, and the applicable legal requirements, the Hearing Examiner recommends that the Board of Livestock APPROVE the application for a change of ownership of the operator of the livestock market from Seller to Buyer. The Hearing Examiner further recommends that the proposed findings of fact, conclusions of law, and recommended order be ACCEPTED in full by the Board of Livestock.