(1) Whenever livestock or hides are subject to brand inspection under ORS 604.046, the person in possession shall submit evidence of ownership or right to possession of the livestock or hides at the request of the State Department of Agriculture. The evidence may consist of any documents and statements that tend to establish such ownership or right to possession. The prima facie character of a recorded brand and the disputable presumption against unrecorded brands set forth in ORS 604.035 (2), shall be given recognition by the department.
(2) The department shall examine livestock or hides, review any evidence submitted pursuant to subsection (1) of this section and otherwise perform brand inspection to determine whether the person in possession is the owner or lawful possessor thereof. Except for brand inspections made under ORS 604.046 (4), if the department determines the person is the owner or lawful possessor, it shall issue an appropriate brand inspection certificate. However, if the department determines there is a question of ownership or right to possession of the livestock or hides, or if the person in possession of the livestock or hides fails to submit the evidence requested under subsection (1) of this section, the department shall refuse to issue its brand inspection certificate and may undertake any of the actions described in ORS 604.056. [1981 c.248 §10]
Section: Previous 604.032 604.035 604.036 604.040 604.041 604.046 604.050 604.051 604.056 604.060 604.061 604.066 604.070 604.071 604.076 NextLast modified: August 7, 2008