ORS 607.338
Use of proceeds from sale to pay person taking up animal
- arbitration of costs
- fee
(1)
If the State Department of Agriculture sells an estray animal under ORS 607.328 (Procedure for sale of estray animal), the department shall first recover from the proceeds of the sale the costs described in ORS 607.337 (Use of proceeds from sale to pay department costs) (1), and from any balance remaining pay to the person taking up the animal the costs described in ORS 607.304 (Delivery of estray animal to department or owner) (2), except as limited by ORS 607.308 (Alternative procedure for person taking up estray animal), 607.313 (Notice to department by persons taking up estray animal) (2) and subsection (2) of this section.(2)
If the department sells under ORS 607.328 (Procedure for sale of estray animal) an estray animal that was delivered to the department under ORS 607.304 (Delivery of estray animal to department or owner) (1), the department shall allow to the person taking up the animal only reasonable costs. The department’s determination of reasonable costs shall be final. However, the department may, upon written request of the person taking up the animal, submit the question of the amount of reasonable costs to arbitration. If the question is submitted to arbitration, the department shall furnish to the person taking up the animal the names of five arbitrators selected from the list of qualified persons maintained in accordance with ORS 607.304 (Delivery of estray animal to department or owner) (10), and the person taking up the animal shall appoint one arbitrator from the list within five days of receiving the list. The department shall then appoint one arbitrator and the two arbitrators shall jointly appoint a third arbitrator from the list. The two arbitrators shall give written notice of the appointment of the third arbitrator to the department and the person taking up the animal no later than five days after receiving the list. The three arbitrators shall act as a board of arbitration and may hear witnesses, take testimony, inspect documents, the animal and the premises and issue a decision as to the amount of reasonable costs. The decision of the arbitrators shall be final. Written notice of the decision shall be given to the department and the person taking up the animal no later than 30 days after the appointment of the third arbitrator. The person taking up the animal shall pay an arbitration fee of $150 to the department at the time of submitting the written request for arbitration, from which the department shall pay each appointed arbitrator $50 for arbitration services.(3)
Any balance remaining from the proceeds of the sale after the department has reimbursed itself and has paid the costs of the person taking up the animal shall be paid to the owner of the animal. If the owner fails to establish the right to the remaining proceeds within one year after the sale, all rights to the proceeds shall vest in the department to use in carrying out the provisions of this chapter and ORS chapter 604.(4)
This section does not require the department to pay the costs of the person taking up the animal if the proceeds of the sale of the animal are not sufficient to pay those costs. [1957 c.604 §27; 1971 c.579 §7; 1975 c.65 §9; 1981 c.413 §4; 2009 c.336 §13]
Source:
Section 607.338 — Use of proceeds from sale to pay person taking up animal; arbitration of costs; fee, https://www.oregonlegislature.gov/bills_laws/ors/ors607.html.
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