Award of brand upon receipt of application; contents of recording certificate; precedence of applications; refusal or inability of Department to award or record brand

1. Upon receipt of an application, as set forth in NRS 564.040, the Department shall cause the records of previously recorded brands, remaining of legal record, or not abandoned for more than 1 year as provided in NRS 564.120, to be searched and, if the brand applied for is recordable under the provisions of NRS 564.050, award the brand set forth in the application to the applicant and proceed to record the brand, together with the mark or marks. 2. In the case of any brand awarded after July 1, 1945, the recording certificate issued by the Department must define the area within this State where the brand may be used, and the position on the animal concerned, where it may be applied, and the use of the brand outside that area, or its application to other positions, without the written approval of the Department is unlawful. 3. A brand applied for must not be awarded or recorded until after the lapse of 2 legal business days after the receipt of the application for the brand at the established office of the Department. 4. In all cases where, under the terms of this chapter, the brand or brands and mark or marks applied for cannot legally be awarded by the Department to the applicant, the applicant must promptly be so notified by the Department. 5. Applications for the awarding and recording of brands or brands and marks must take precedence in the chronological order of their receipt at the established office of the Department. 6. The Department may refuse to award or record a brand known to be in use at the time in this State, or in an abutting county of an adjoining state, by a person other than the applicant therefor.