(1) If the State Department of Agriculture sells livestock pursuant to ORS 607.328, it shall from the proceeds of the sale first reimburse itself for the costs described in ORS 607.337 (1), and from the balance, if any, pay to the person taking up the livestock the costs described in ORS 607.304 (2), except as limited by ORS 607.308, 607.313 (2) and subsection (2) of this section.
(2) If the department sells livestock pursuant to ORS 607.328 which has been delivered to it pursuant to ORS 607.304 (1), it shall allow to the person taking up the livestock only reasonable costs, and the department’s determination of the reasonableness thereof shall be final. However, the department may, upon written request of the person taking up the livestock, submit the question of the amount of reasonable costs to arbitration. In such event, the department shall furnish to the person taking up the livestock the names of five arbitrators selected from the list of qualified persons maintained in accordance with ORS 607.304 (10), and the person taking up the livestock shall appoint one arbitrator from such list within five days of receiving such list. The department shall thereafter appoint one arbitrator and the two arbitrators shall jointly appoint a third arbitrator from such list. Written notice of the appointment of such third arbitrator shall be given by such two arbitrators to the department and the person taking up the livestock within five days of the date they are furnished such list. The three arbitrators shall act as a board of arbitration and may hear witnesses, take testimony, inspect documents, the livestock and the premises and thereafter render their decision as to the amount of reasonable costs. Their decision shall be final. Written notice of such decision shall be given to the department and the person taking up the livestock within 30 days of the appointment of the third arbitrator. The person taking up the livestock shall pay an arbitration fee of $150 to the department at the time of submitting the written request for arbitration, from which the department shall pay each appointed arbitrator $50 for arbitration services.
(3) Any balance remaining from the proceeds of the sale after the department has reimbursed itself and has paid the costs of the person taking up the livestock shall be paid to the owner of the livestock. If the owner fails to establish the right to the remaining proceeds within one year after the sale, all rights thereto shall vest in the department to use in carrying out the provisions of this chapter and ORS chapter 604.
(4) Nothing contained in this section is intended to require the department to pay the costs of the person taking up the livestock if the proceeds of the sale thereof are not sufficient to pay such costs. [1957 c.604 §27; 1971 c.579 §7; 1975 c.65 §9; 1981 c.413 §4]
Section: Previous 607.328 607.330 607.331 607.332 607.335 607.336 607.337 607.338 607.339 607.340 607.341 607.344 607.345 607.350 607.355 NextLast modified: August 7, 2008