Statute Text
Seizure of hides or livestock; procedure; investigation; disposition;
impoundment of sales proceeds.
(1) The State Department of Agriculture may detain, seize or embargo hides or
livestock in carrying out and enforcing the provisions of ORS 561.144, 577.512,
599.205, 599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095,
603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992 relating to the
ownership or right to possession of livestock. Recognizing that the provisions
of ORS 561.605 to 561.620 relating to the departmental procedures for
detaining, seizing or embargoing commodities are not readily applicable to
livestock, the following shall apply whenever the department detains, seizes or
embargoes hides or livestock under the provisions of ORS 561.144, 577.512,
599.205, 599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095,
603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992:
(a) The
department shall issue its written notice of detention, seizure or embargo to
the person in possession of the hides or livestock, directing them to be held
subject to further order of the department and any detention, seizure or
embargo shall be subject to the contested case provisions of ORS chapter 183.
The issuance of a notice of detention, seizure or embargo to a livestock
carrier shall relieve such carrier from liability for any loss or damage
resulting from the detention, seizure or embargo.
(b) If the
department cannot determine from its investigation who is the owner or person
entitled to possession of hides or livestock, it may handle and dispose of the
hides and livestock in the same manner as provided for the handling and
disposition of estray animals under ORS chapter 607. In the event the livestock
is determined by an assistant state veterinarian or deputy state veterinarian
to be diseased, disabled or dying so as to be unsalable, the department may
order its immediate condemnation in lieu of handling and disposition under ORS
chapter 607, and any salvage value recovered by the department from the sale of
carcasses or hides shall be disposed of in the same manner as impounded sales
proceeds of an unknown owner under subsection (2) of this section.
(c) During an
investigation to determine the owner or person entitled to possession of hides
or livestock, the department may authorize the hides or livestock to be moved
and retained in another location, but the hides or livestock shall not be moved
therefrom without a written order issued by the department and then shall only
be moved or handled in accordance with the terms of such order.
(d) If the hides
or livestock are brand inspected at a livestock auction market, slaughtering
establishment or other sales facility where the hides or livestock are destined
for sale, the department may permit the sale of the hides or livestock and
impound the proceeds of the sale in lieu of detaining, seizing or embargoing
the hides or livestock. After the department impounds the sales proceeds, the
department shall issue a written notice of impoundment to the seller of the
hides or livestock, directing that the sales proceeds remaining after the
seller has deducted sales charges be retained by the seller subject to further
order of the department for up to 15 days, at which time the sales proceeds
shall be remitted by the seller to the department. The sales proceeds received
by the department from the seller are not public funds of the state but rather
are held by the department in trust for the person determined to be the owner
or entitled to possession of the hides or livestock sold.
(2) If the
department impounds sales proceeds under subsection (1)(d) of this section, the
department shall give written notice of the impoundment to all known claimants
to the sales proceeds, hides or livestock at the last-known addresses thereof,
and set forth that the sales proceeds shall be subject to proof of claim for a
period of 60 days from the date of the notice of impoundment, during which the
claimants may submit their proofs of claim to the department. Within 30 days
after expiration of the time within which proofs of claim may be submitted, the
department shall review the data submitted, investigate the claims and render a
written notice of determination to the persons having submitted proofs of
claim. The determination of the department shall be a final order and subject
to judicial review under ORS 183.484, and if there is more than one claimant,
payment of sales proceeds may not be made until the expiration of the time
within which judicial review may be had. Any impounded sales proceeds that
cannot be paid to persons under this section within one year of impoundment
cease to be trust funds and become part of the states public funds
continuously appropriated to the department for carrying out the provisions of
ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610, 603.015, 603.034,
603.075