Opinion
No. 74-076
Decided December 10, 1974. Rehearing denied January 7, 1975. Certiorari denied March 10, 1975.
State Board of Stock Inspection Commissioners revoked and denied renewal of corporation's license to operate as public livestock market. On review, district court affirmed actions of the board, and livestock market appealed.
Affirmed
1. AUCTIONS AND AUCTIONEERS — Ownership of Livestock — Public Live Stock Market — Not Determine — Board of Stock Inspection Commissioners — Hold — Release — Proceeds. A public livestock market is not given the power to determine ownership of livestock; rather, where ownership is in question, proof of such ownership is to be transmitted by the brand inspector to the State Board of Stock Inspection Commissioners, and in such cases the board may put a hold on the proceeds of sale, and it can, when satisfied as to ownership, remove the hold.
2. Question of Ownership — Livestock — Operator of Market — Refuse — Remit Proceeds — Board — Revoke — License — No Discretion. By specific statute, if there is any question as to an animal's ownership, the operator of a public livestock market shall remit the proceeds of the sale of such animal to the State Board of Stock Inspection Commissioners, and by specific statute, that board is given the power to revoke the license of an operator who refuses to do so; moreover, such statutes leave no discretion to the agency once it has been determined that a violation has occurred.
Appeal from the District Court of the City and County of Denver, Honorable John Brooks, Jr., Judge.
Ashen Fogel, George T. Ashen, for plaintiff-appellant.
John P. Moore, Attorney General, John E. Bush, Deputy Attorney General, J. K. Kreutz, Assistant Attorney General, for defendant-appellee.
Plaintiff appeals from the judgment of the trial court which affirmed the decision of the State Board of Stock Inspection Commissioners in revoking the license of Howard and Associated, Inc., and in denying the renewal of the license to it to operate a public livestock market. We affirm.
In 1972, William S. Howard was the president of Howard and Associates, Inc., a corporation doing business as the Denver Livestock Market (DLM) under a license issued to the corporation by the State Board of Stock Inspection Commissioners. At that time, DLM handled the sale of "Big Mac," the Grand Champion steer of the National Western Livestock Show. When questions arose over the identity of the steer, the board ordered Howard and Associates, Inc., to remit to the board the $14,250 which DLM had received from the sale of the steer until the steer's ownership, then the subject of lawsuits, was determined. Howard refused. When he next applied for renewal of the annual license for Howard and Associates, Inc., the application was denied. After a hearing, the board cancelled the existing license of the corporation and denied its application for renewal. the district court upheld this decision.
Howard admits that he was notified of the question of ownership of "Big Mac," that he knew of his responsibility under the statutes, and that he refused to give the funds to the board. He claims that because of the question of ownership of the steer, placing the money in a trust account would protect him from liability, whereas remitting it to the board would not. His motives are not the issue. It is not up to him to determine procedure; he must comply with the statutes.
[1] A public livestock market is not given the power to determine ownership. Under 1965 Perm. Supp., C.R.S. 1963, 8-11-14, where ownership is in question, proof of such ownership is to be transmitted by the brand inspector to the state board. Since the board may put a hold on the proceeds of sale, it can, when satisfied as to ownership, remove the hold. This is a necessary implication from the powers given to the board by C.R.S. 1963, 8-2-1 et seq. and 8-11-1 et seq., and, as such, is validly within the board's authority. See City of Wichita v. Wyman, 158 Kan. 709, 150 P.2d 154; Warren v. Marion County, 222 Ore. 307, 353 P.2d 257; Oklahoma Tax Commission v. Fortinberry Co., 201 Okla. 537, 207 P.2d 301.
[2] The Colorado laws on sales of livestock are very specific. As Weaver v. First National Bank, 138 Colo. 83, 330 P.2d 142, states:
"To operate a livestock sales ring, one must receive the sanction of the state to do so, and must accept the limitations, duties and responsibilities which the statutory law imposes."
1965 Perm. Supp., C.R.S. 1963, 8-11-14, provides that if there is any question as to an animal's ownership, the operator of a public livestock market shall remit the proceeds of the sale of such animal to the State Board of Stock Inspection Commissioners. Upon refusal to do so, C.R.S. 1963 8-11-7(7), specifically gives the board the power to revoke the license of the operator. These statutes leave no discretion to the agency once it has been determined that a violation has occurred.
Here, the evidence in the record supports the action of the board in cancelling the existing license of Howard and Associates, Inc., and in denying the application for renewal. Therefore, on appeal, the decision of the board is binding on us. Civil Rights Commission v. Colorado, 30 Colo. App. 10, 488 P.2d 83.
Howard also contends that he, as an individual, was denied the right to apply for a license in his name separate and apart from the corporation. This argument is without merit. The record does not reveal any application by Howard individually and he is not a party to this appeal.
Judgment affirmed.
CHIEF JUDGE SILVERSTEIN and JUDGE SMITH concur.