Rerecording; When Required; Notice; Abandonment.

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11-20-115. Rerecording; when required; notice; abandonment.

(a) Every owner of a brand shall rerecord the brand according to the applicable time periods established by the board pursuant to subsection (c) of this section, and failure to do so is an abandonment of the brand as provided in this section. At least sixty (60) days preceding the expiration date of the brand, the board shall notify by mail and electronic mail if provided, at the address shown on the brand records, the owner of the brand that the brand must be rerecorded and if the brand has not been rerecorded within sixty (60) days from the expiration date of the brand, the brand will be declared delinquent. The board shall send a second notice by certified mail to the owner of the brand at the address shown on the brand records within thirty (30) days following the expiration date of the brand. A delinquent brand may be rerecorded by the brand owner who shall submit a rerecording application and pay a delinquent fee as established by rule of the board not to exceed one hundred fifty dollars ($150.00). If a delinquent brand is not rerecorded within two (2) years from the expiration date of the brand, the brand will be declared abandoned. Not less than six (6) months before declaring a brand abandoned, the board shall send a notice of proposed brand abandonment to the owner of the brand at the address shown on the brand records. The livestock board is authorized to promulgate rules and regulations necessary to implement this section including rules for issuing abandoned brands to other applicants.

(c) The term of the rerecording period shall be in ten (10) year increments, not to exceed one hundred (100) years at the option of the owner of the brand. The renewal schedule and the method of renewal shall be established by the board. Every owner of a brand shall rerecord the brand pursuant to the renewal schedule established by the board and shall pay the renewal fee specified by W.S. 11-20-116 which shall be prorated by the board for any renewal of less than ten (10) years.

(d) As part of a rerecording notice or abandonment notice sent under subsection (a) of this section, the board shall offer the option to the owner of the brand to rerecord all brands owned by the same person upon payment of a prorated fee, whether or not the brand has reached its rerecording date and provided that the rerecording period shall not exceed the term established by subsection (c) of this section. The board shall offer the option to the owner of the brand to extend the rerecording period in ten (10) year increments not to exceed one hundred (100) years upon payment of the appropriate fee as specified in W.S. 11-20-116(a).

(e) The owner of a brand declared delinquent under subsection (a) of this section may provide payment in full of the required recording fee and any delinquency fees at the time of brand inspection.


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