Montana Title 81. Livestock § 81-8-252. Hearing on application for certificate--decision

(1) Upon the filing of an application for a certificate of public convenience pursuant to 81-8-251, the department shall fix a time and place for a hearing on the application, which may not be less than 10 days after the filing. The department shall have a copy of the application, excluding the financial statement described in 81-8-251 (2)(g), and notice of the hearing served by mail on:

(2) If, after the hearing on the application, the department finds from the evidence that public convenience and necessity require the authorization of the proposed livestock market, a certificate must be issued to the applicant. In determining whether public convenience and necessity require the livestock market, the department shall give reasonable consideration to the service rendered by other existing livestock markets in this state and the effect on them if the proposed livestock market is authorized and shall give due consideration to the likelihood of the proposed service being permanent and continuous throughout 12 months of the year.