Sec. 22-386. Suspension or revocation. Hearing. Appeal. For failure or refusal
of a licensee to obey the provisions of this chapter, the commissioner may suspend or
revoke the license held by such licensee. Whenever the commissioner is satisfied of the
existence of any one or more reasons for revoking a license as provided for in this chapter,
before revoking such license the department shall give written notice of a hearing to
be had thereon to the licensee affected. Such notice shall be sent by registered or certified
mail to the licensee at least ten days prior to the date set for the hearing at the department.
On the day of the hearing the commissioner may hear the evidence presented by the
licensee and any other witnesses, and the commissioner shall within a reasonable time
thereafter render a decision. Any licensee aggrieved by the decision of the commissioner
may appeal therefrom in accordance with the provisions of section 4-183, except venue
for such appeal shall be in the judicial district of New Britain. The following actions
by the applicant or licensee shall constitute just cause for revoking or refusing a license:
(1) The violation of state laws or official regulations governing intrastate or interstate
movement of cattle or swine; (2) where there have been false or misleading statements
with regard to the results of official diagnostic tests approved by the commissioner and
the Agricultural Research Service of the United States Department of Agriculture for
the diseases of bovine brucellosis or tuberculosis, vesicular exanthema of swine, foot
and mouth disease, anaplasmosis and anthrax, or with regard to ownership; (3) the
buying or receiving of cattle or swine, selling or exchanging, or soliciting resale, exchange, transport or transfer, of animals officially branded by the Department of Agriculture as being diseased, a quarantined animal, or animals from quarantined herds; provided this subsection shall not apply to cattle which have reacted to any official test
used for the detection of tuberculosis or brucellosis, or to cattle in a herd under quarantine
for the presence of the diseases tuberculosis or brucellosis when such cattle are disposed
of in conformity with state laws and regulations governing disposal of such cattle; (4)
failure of the licensee to practice approved measures of sanitation of barns, stables,
premises or vehicles used for stabling, holding or transporting of cattle or swine; (5)
consistent or continual failure to keep records required by the commissioner or by law,
or refusal to produce books, accounts or records of transactions in the carrying on of
the business for which the license is granted; (6) failure to comply with any provision
of the general statutes or regulations thereunder relating to cattle or swine, and (7) where
a license to deal in livestock, issued to the applicant or licensee by another state, has
been suspended or revoked by such state within five years next preceding the date of
issuance or renewal of a license under the provisions of section 22-385.
(1959, P.A. 573, S. 6; 637, S. 2; 1961, P.A. 67; 1963, P.A. 57, S. 6; February, 1965, P.A. 25, S. 1; 1971, P.A. 872, S.
446, 448; P.A. 76-436, S. 459, 681; P.A. 77-603, S. 101, 125; P.A. 78-280, S. 5, 127; P.A. 81-231, S. 4, 6; P.A. 88-230,
S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29; June 30 Sp. Sess. P.A.
03-6, S. 146(f); P.A. 04-189, S. 1.)
History: Later 1959 act replaced commissioner and department of agriculture with commissioner and department of
agriculture, conservation and natural resources; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1963 act added references
to swine in Subdivs. (1), (3) and (4); 1965 act allowed revocation or suspension of license for burying, selling, etc. quarantined animals in Subdiv. (3) and added Subdiv. (6) allowing revocation or suspension of license for failure to comply with
statutes or regulations re cattle or swine; 1971 act replaced commissioner and department of agriculture and natural resources
with commissioner and department of agriculture; P.A. 76-436 required appeals to superior court rather than court of
common pleas, effective July 1, 1978; P.A. 77-603 replaced previous appeal provision with statement requiring that appeals
be made in accordance with Sec. 4-183 but retained venue in Hartford county; P.A. 78-280 replaced "Hartford county"
with "judicial district of Hartford-New Britain"; P.A. 81-231 added Subdiv. (7) making suspension or revocation of a
license to deal in livestock issued by another state grounds to revoke a license under Sec. 22-385; P.A. 88-230 replaced
"judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98
changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective
date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the
effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced
"judicial district of Hartford" with "judicial district of New Britain", effective June 29, 1999; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004;
P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture
and Consumer Protection, effective June 1, 2004.
Cited. 4 CA 117, 118.
Sec. 22-387. Keeping and inspection of records. Every dealer or broker shall
keep accounts, records and memoranda which shall fully and clearly disclose all transactions of his business, including the true ownership of the business. Such records shall
be made available at any time for inspection by the commissioner or his authorized
agent to determine the origin and destination of any livestock handled by the licensee
but information relating to the general business of any such person disclosed by the
investigation and not related to the immediate purpose thereof shall be treated as of a
confidential nature by the commissioner or his agent.
(1959, P.A. 573, S. 7.)
Sec. 22-388. Periodic testing of cattle for brucellosis or tuberculosis. All cattle
owned by a dealer or held by a dealer, pending sale, exchange, resale or shipment on
premises owned, rented, leased or borrowed by such dealer may be subjected periodically to a tuberculin and blood test by an authorized, full-time, salaried veterinarian of
the state or federal Department of Agriculture at no expense to the dealer. Any reactors
to the brucellosis or tuberculin test shall be branded on the left jaw and a metal tag
identifying the animal as a reactor affixed to the left ear. Such reactors shall be disposed
of by slaughter immediately. Indemnity shall be paid on all such reactors in the manner
provided in section 22-288, provided such reactor shall have passed at least one negative
test since entering the state and shall have been acquired by the dealer in compliance
with existing state regulations on interstate and intrastate movements of cattle. If a
quarantine, due to the presence of an infectious, communicable livestock disease, is
imposed on cattle owned by a dealer or held by a dealer pending sale, exchange, resale
or shipment on premises owned, rented, leased or borrowed by such dealer, such dealer
shall not be prohibited from engaging in his business as a dealer, provided such dealer
shall comply with all quarantine restrictions and sanitation regulations of the state Department of Agriculture in respect to quarantined animals, including individual identification of each such animal by numbered ear tag and so described on the quarantine
form, and shall establish a separate set of premises at least one hundred yards distant from
all quarantined premises and pastures used by such quarantined animals, and provided in
no instance shall the same attendant attend quarantined animals and animals in the
healthy establishment unless disease conditions as determined by the state Department
of Agriculture permit such practices under such sanitary requirements as are prescribed
by the commissioner or his assistant.
(1959, P.A. 573, S. 8; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June Sp. Sess. P.A. 91-10, S. 9, 20; June
30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)
History: Later 1959 act replaced department of agriculture with department of agriculture, conservation and natural
resources; 1961 act replaced department of agriculture, conservation and natural resources with department of agriculture
and natural resources; 1971 act replaced department of agriculture and natural resources with department of agriculture;
June Sp. Sess. P.A. 91-10 made this section discretionary rather than mandatory; June 30 Sp. Sess. P.A. 03-6 replaced
Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189
repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and
Consumer Protection, effective June 1, 2004.
See Sec. 22-287 re tuberculin tests.
Sec. 22-389. Copy of license to be posted. Plate on motor vehicle. Identification
cards. Every person licensed under the provisions of this chapter and conducting business under such license shall keep a copy thereof, to be furnished by the commissioner,
posted in a conspicuous place in or at his place of business and exposed to inspection
by any person entitled to make such inspection. Any such licensee using a motor vehicle
in the course of business conducted under such license shall display in a conspicuous
manner a license plate issued by the commissioner on each vehicle so used. The licensee
and each of his agents shall, at all times when buying or receiving, selling, exchanging
or soliciting or negotiating the sale, resale or shipment of cattle or swine, carry an identification card, issued by the commissioner, stating that such licensee or the principal of
such agent is so licensed. The licensee or agent shall exhibit such card to persons with
whom he is negotiating or from whom he is soliciting business and to the commissioner
or his assistant.
(1959, P.A. 573, S. 9; 1963, P.A. 57, S. 7; 1967, P.A. 584, S. 1.)
History: 1963 act added reference to swine; 1967 act added provision re special license plates issued to licensees using
motor vehicles in course of business.