Current through August 31, 2023
Section 11.02.01.040 - CLAIMS FOR FUNDS OR LIVESTOCK SUBJECT TO A HOLD ORDER01.Claim. Any person claiming to be the owner of any animal sold under Section 25-1174, Idaho Code, may claim the proceeds of the sale by filing a written and verified claim for such proceeds together with any supporting documents with the State Brand Inspector with the following information: (3-15-22)a. The name and address of the claimant; (3-15-22)b. A short, plain statement of the matters asserted in the claim, including but not limited to: facts as to ownership, a description of the animal including brands and marks, the location of the animals when they were last in the possession of the claimant, and any other pertinent facts tending to establish the claim; (3-15-22)c. A claim for the proceeds, or portion of the proceeds, of the sale; (3-15-22)d. Names and addresses, if known, of any other potential claimants to the funds; and (3-15-22)e. A request for a hearing, if desired. (3-15-22)02.More Than One Claimant. Where there is more than one (1) claimant, each claimant must serve a complete copy of his claims upon the other claimants to the funds. (3-15-22)03.Investigation. The State Brand Inspector will then investigate the matter and will determine whether the claimants can stipulate to the disposition of the funds. If a stipulation is reached, the State Brand Inspector or Deputy Brand Inspector will issue a release order on the livestock or the funds in accordance with the stipulation. (3-15-22)04.Hearing. In the event that a stipulation is not possible, or where a claimant has requested in writing that a hearing be held, a hearing will be held by the State Brand Inspector, after giving thirty (30) days notice to all claimants. (3-15-22)Idaho Admin. Code r. 11.02.01.040