To obtain a permit to conduct an association or test
station sale the following conditions must be agreed to and performed by the
applicant:
(1) A custodial account must be established and all
proceeds from the sale of livestock and cashed entry fees must be deposited
therein to be disbursed to consignors after proper charges have been deducted;
(2) A list of the types of all charges which will or
could be imposed on consignors and a description of all rules of the sale
including breed registration requirements must be given to consignors at or
before the time of consignment;
(3) If the sale is to be conducted by a management
firm which will have access to the custodial account or otherwise handle
proceeds of the sale the association or test station sponsoring the sale must
require the management firm to secure a bond, in an amount set by the board,
conditioned upon the prompt payment of sale proceeds to consignors to the
sale. The bond must be obtained from a firm licensed to issue such bonds in
Montana. The bond must be registered with the board;
(4) All consignors must be paid the full sale price of
their livestock sold at the sale, less any proper charges, as soon as possible
and not later than 30 days after the
date of sale. When a consignor has failed to meet sale
requirements regarding livestock registration or health of which he has been
informed at or prior to the time of consignment, payment to him may be made
after registration and health requirements have been met and thereafter be paid
as soon as possible; and
(5) The person conducting the sale shall comply with
all applicable statutes, rules and orders relating to animal health, brand
inspection, and the movement of livestock.