Nebraska Revised Statute 54-1163
Hearing; determination; factors; issuance of license.
The hearing required by section 54-1162 shall be heard by the director. If the director determines, after such hearing, that the proposed livestock auction market would beneficially serve the livestock economy, the department shall issue a market license to the applicant. In determining whether or not the application should be granted or denied, reasonable consideration shall be given to:
(1) The ability of the applicant to comply with the federal Packers and Stockyards Act, 1921, 7 U.S.C. 181 et seq., as amended;
(2) The financial stability, business integrity, and fiduciary responsibility of the applicant;
(3) The adequacy of the facilities described to permit the performance of market services proposed in the application;
(4) The present needs for market services or additional services as expressed by livestock growers and feeders in the community; and
(5) Whether the proposed livestock auction market would be permanent and continuous.
Determination of Livestock Auction Board that license should be issued will not be disturbed if there is any evidence to support it. Midwest L. C. Co. v. Tri-State L. C. Co., 182 Neb. 41, 151 N.W.2d 908 (1967).