§736. Brands and marks
A. The provisions of this Part shall apply to cattle, horses, mules, sheep, hogs, dogs, and other animals as determined by the commission.
B. The commission, by rule, shall adopt guidelines and requirements for brands and marks which shall include, but shall not be limited to the following:
(1) The other animals which shall be subject to the provisions of this Part.
(2) The style, design, and size of brands and marks.
(3) The location of brands and marks on the animal.
(4) Brands and marks recorded prior to September 10, 1982, shall not be affected by the provisions of this Subsection.
C. Brands and marks may be recorded with the commission. Each person who desires to record a brand or mark shall submit a written application on a form approved by the commission. Each application shall be accompanied by a facsimile of the brand or mark; a description of the brand or mark, including the location of the brand or mark on the animal; such other information as may be required by the commission; and the recordation fee.
D. The director shall examine the description or facsimile, or both, to determine if the brand or mark:
(1) Is currently recorded by another person.
(2) Closely resembles a brand or mark currently recorded by another person.
(3) Meets the requirements for brands and marks adopted by the commission.
E. If the brand or mark is not currently recorded, does not closely resemble a currently recorded brand or mark, and meets the requirements adopted by the commission the director shall record the brand or mark. The recordation shall be effective on the date the application was received by the commission and shall give the person for whom the brand or mark is recorded the exclusive right to use the brand or mark.
F. If the brand or mark is currently recorded, or closely resembles a currently recorded brand or mark, or does not meet the requirements adopted by the commission, the director shall not record the brand or mark and shall return the application, the fee, the facsimile, and the description to the applicant with written reasons for refusing to record the brand or mark.
G. Any applicant whose application to record a brand or mark has been refused, and any person who has recorded a brand or mark and who believes that a subsequently recorded brand or mark closely resembles a previously recorded brand or mark may appeal the decision of the director to the commission.
Acts 1982, No. 113, §1.
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