(1) If the owner of the livestock does not appear in response to the notice given under ORS 607.303 (2), the livestock shall be delivered to the State Department of Agriculture, at a place designated by the department, at least 48 hours in advance of the date of sale and shall thereafter be sold by the State Department of Agriculture in accordance with ORS 607.328.
(2) If the owner of the livestock does appear, the livestock shall be delivered to the owner or agent if the owner pays to the person taking up the livestock, before the date of sale:
(a) The cost of taking up the livestock;
(b) The cost of giving notice;
(c) The cost of keeping the livestock; and
(d) The cost of repairing any damage done by the livestock to the property of the person taking it up.
(3) The person taking up the livestock, upon delivery thereof to the owner, shall notify the department that such action has been taken.
(4) If the owner is unable to agree with the person taking up the livestock as to the amount of the costs payable to such person, such owner shall:
(a) Within five days of the date the owner is advised of the amount of such costs, pay an arbitration fee of $150 to the department, give written notice to the department and the person taking up the livestock that the owner disagrees with the amount of the costs, that the owner desires arbitration of such disagreement and that the owner desires the department to furnish the owner with a list of arbitrators from which the owner can appoint one arbitrator; and
(b) Within five days of the date the owner is furnished the list of arbitrators, give written notice to the department and the person taking up the livestock of the name of the person appointed by the owner as arbitrator from such list.
(5) Upon receiving the notice of the owner described in subsection (4)(a) of this section, the department shall furnish to the owner and the person taking up the livestock the names of five arbitrators selected from the list of qualified persons maintained in accordance with subsection (10) of this section. Upon receiving the notices of appointment of arbitrators, as provided in subsection (4)(b) and subsection (6) of this section, the department shall give written notice to each appointed arbitrator of the arbitrator’s appointment.
(6) Within five days of the date of receiving the list of arbitrators, the person taking up the livestock shall give written notice to the department and to the owner of the name of the person appointed as arbitrator from such list.
(7) Upon receiving the notice provided in subsection (5) of this section, the two arbitrators shall each give the department written notice of acceptance of such appointment. The department shall thereafter appoint a third arbitrator and notify all three arbitrators of such appointment. The third arbitrator shall give the department written notice of acceptance of such appointment. The department shall pay each appointed arbitrator $50 from the money paid to the department under subsection (4) of this section for arbitration services. The three arbitrators shall act as a board of arbitration and may hear witnesses, take testimony, inspect documents, the livestock and premises and thereafter render their decision as to the amount allowable as costs. Such decision shall be by majority vote and conclusive as to the owner and person taking up the livestock upon receipt of the decision by the department. Written notice of such decision shall be given to the department, the owner and the person taking up the livestock within 30 days of the appointment of the third arbitrator.
(8)(a) If the owner gives the notice required by subsection (4)(a) of this section, but does not therein indicate a desire to arbitrate or a desire to have a list of arbitrators furnished to the owner, the owner’s right to arbitration shall be deemed waived and the livestock shall be delivered to the department, at a place designated by the department, by the person taking up the livestock. Thereafter the livestock shall be sold by the department in accordance with ORS 607.328.
(b) If the person taking up the livestock fails to give the notice required by subsection (6) of this section, such person’s right to arbitration shall be deemed waived and the livestock shall not be sold. The owner shall be entitled to the immediate possession thereof without payment of any of the costs described in subsection (2) of this section.
(9) At any time during the arbitration provided for in this section, the owner of the livestock may give written notice to the department and the person taking up the livestock of the owner’s desire to regain immediate possession and custody of such livestock. If the owner gives such notice, and at the same time deposits with the department a cash deposit in an amount equal to the accrued costs claimed by the person taking up the livestock as of the date such notice is given, the livestock shall be released to the owner or agent within 48 hours after the giving of such notice and cash deposit. The department is authorized to pay the costs determined by the arbitrators pursuant to subsection (7) of this section to the person taking up the livestock and return the balance, if any, to the owner.
(10) The department shall establish and maintain a list of persons qualified by experience and knowledge to act as arbitrators in accordance with subsection (7) of this section. In furnishing the names of five arbitrators, as provided in subsection (5) of this section, the department shall first determine that none of such persons named:
(a) Is related to either the owner or person taking up the livestock;
(b) Is, or has been, an agent, employee or business associate of either the owner or person taking up the livestock; or
(c) Has for any reason bias or prejudice towards either the owner or person taking up the livestock.
(11) If either the owner or person taking up the livestock intentionally fails to disclose to the department that any of the five arbitrators furnished to them as provided in subsection (5) of this section does not meet the criteria described in subsection (10) of this section, the department shall upon determining such intentional failure to disclose:
(a) Declare the arbitrator disqualified and any arbitration decision previously rendered void and of no effect;
(b) Select a person from its list to replace the disqualified arbitrator; and
(c) Direct the arbitration be undertaken with the newly appointed arbitrator as a member of the board of arbitration. [1957 c.604 §25; 1971 c.579 §6; 1975 c.65 §1; 1981 c.413 §1]
Section: Previous 607.250 607.255 607.260 607.261 607.300 607.301 607.303 607.304 607.305 607.306 607.308 607.310 607.311 607.313 607.315 NextLast modified: August 7, 2008