PROPOSED CONCLUSIONS OF LAW

1. The materials that must be submitted with an application for a change of ownership of the operator of a livestock market are set forth in § 81-8-251(2), MCA, as follows:
2. The application for a certificate of public convenience must be in writing, verified by the applicant, and filed with the department. The application must specify the following:
3. (a)(i) the names of the persons applying for a certificate together with their permanent addresses; or
4. (ii)if the applicant is a firm, association, partnership, or corporation, the names of its directors, officers, and members, if applicable;
5. (b)the place where the applicant proposes to operate as a livestock market;
6. (c)a complete description of the property and facilities proposed to be used for the livestock market;
7. (d)the commissions or charges the applicant proposes to impose on the consignors' livestock for services rendered by the applicant in the operation of the livestock market;
8. (e)a detailed statement of the facts on which the applicant relies to show public convenience and necessity for the livestock market, including the trade area to be served, the economic benefits to the livestock industry, and the services to be offered;
9. (f)if the applicant is a foreign corporation, its principal place of business outside the state, the state in which it is incorporated, and a showing that it is in compliance with the laws relating to foreign corporations doing business in this state;
10. (g)a detailed financial statement showing that current assets exceed current liabilities and that long-term assets exceed long-term liabilities; and
11. (h)any additional information the department may require.
2. The Hearing Examiner concludes that the materials that must be submitted with an application for a change of ownership were submitted. No contrary testimony or evidence was presented.
3. The requirements that must be met for a change of ownership of the operator of a livestock market are set forth in § 81-8-253, MCA, as follows:

The department may approve the transfer of ownership of a certificate of public convenience and necessity issued pursuant to this part without a determination and showing of public convenience and necessity. Such approval may be granted only after a public hearing at which the transferee’s qualifications to operate a livestock market have been thoroughly examined and found sufficient to properly operate a livestock market. A