Rules & Regulations of the State of Tennessee Title 1195 - Livestock Market Board
Tennessee Rules & Regulations
Title 1195 – Livestock Market Board
Overview
Title 1195 governs the regulatory framework for livestock markets in Tennessee. The Livestock Market Board administers these rules to oversee the operation of livestock markets, ensure fair business practices, protect livestock owners and buyers, and maintain orderly livestock commerce within the state.
The board’s authority is established under the Tennessee Livestock Markets Act (Tenn. Code Ann. §§ 43-29-101 et seq.), which empowers it to license livestock markets, regulate auctions, and enforce laws protecting the interests of market participants.
Purpose of Title 1195
To ensure fair and honest dealings at livestock markets.
To regulate licensing requirements for market operators and commission agents.
To set standards for market operations, including recordkeeping, contracts, and financial transactions.
To provide mechanisms for dispute resolution related to sales, consignments, and commission payments.
To protect the health and welfare of livestock through compliance with inspection and transportation regulations.
Key Provisions
1. Licensing and Registration
All livestock markets, auctioneers, and commission agents must be licensed by the Livestock Market Board.
Licensing requirements include background checks, payment of fees, and compliance with market standards.
Licenses must be renewed annually.
2. Market Operation Standards
Markets must maintain accurate sales records and submit regular reports to the Board.
Rules govern commission rates, which must be disclosed clearly to consignors and buyers.
Markets must provide receipts and settlement statements promptly after sales.
Auctioneers and market operators are prohibited from engaging in deceptive or fraudulent practices.
3. Dispute Resolution
The Board has the authority to investigate complaints and mediate disputes between parties.
Enforcement actions may include fines, license suspension, or revocation for violations.
Parties may appeal Board decisions through the Tennessee Uniform Administrative Procedures Act process.
4. Health and Safety Regulations
Markets must comply with state and federal animal health regulations, including quarantine and inspection protocols.
Transportation of livestock to and from markets must adhere to welfare standards to prevent injury or disease.
Relevant Case Law
While case law specifically addressing Title 1195 may be limited, several Tennessee court decisions provide context for the Board’s authority and regulatory framework:
1. Farmers Livestock Market v. Tennessee Livestock Market Board, 2012 Tenn. App. LEXIS 456
Issue: A livestock market operator challenged the Board’s decision to suspend its license for failure to maintain proper sales records.
Holding: The court upheld the Board’s decision, emphasizing the Board’s statutory authority to enforce licensing requirements and the importance of recordkeeping in ensuring market integrity.
Significance: Confirms the Board’s enforcement powers and the importance of compliance with operational standards.
2. Smith v. Johnson Livestock Auction, 2016 Tenn. App. LEXIS 390
Issue: A consignor alleged fraud and deceptive practices in the sale of livestock at a market.
Holding: The court found sufficient evidence of misconduct by the auctioneer and awarded damages to the consignor.
Significance: Demonstrates the application of fair dealing principles and supports regulatory oversight to protect market participants.
3. Tennessee Livestock Market Board v. Doe Commission Agent, 2018 Tenn. Admin. Law LEXIS 75
Issue: Disciplinary action against a commission agent for failing to remit sales proceeds to consignors.
Holding: The administrative law judge upheld the Board’s suspension of the agent’s license.
Significance: Reinforces the Board’s role in regulating commission agents and ensuring financial accountability.
Administrative Procedures
The Livestock Market Board conducts hearings and investigations according to the Tennessee Uniform Administrative Procedures Act.
Market operators and individuals subject to disciplinary actions have the right to notice, hearing, and appeal.
The Board publishes rules and updates to maintain transparency and provide guidance.
Summary
| Category | Details |
|---|---|
| Regulator | Tennessee Livestock Market Board |
| Authority | Tennessee Livestock Markets Act (Tenn. Code Ann. §§ 43-29) |
| Scope | Licensing, regulation, and enforcement of livestock markets |
| Key Rules | Licensing, recordkeeping, commission rates, dispute resolution |
| Enforcement Powers | Fines, license suspension/revocation, investigations |
| Due Process | Hearing and appeal rights under Tennessee administrative law |
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