3 Del. Admin. Code § 903-14.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 903-14.0 - Permit Denials and Revocations; Administrative Hearings; Appeals

14.1 The State Veterinarian or his/her designee may deny or revoke an initial application, renewal application, or a permit for good cause. Reasons for denials or revocations may include, but are not limited to the following: a zoo losing its accreditation; an exotic animal biting, maiming, or injuring a human; an exotic animal escaping from its enclosures; release of an exotic animal; failure to require and verify that a purchaserdopter has obtained the appropriate class of Exotic Animal Permit from the Department prior to the time of purchasedoption of the Exotic; failure to notify the Department of the transfer or sale of any exotic animal; exotic animals being bred or reproducing by Permit class holders not permitted to breed exotics; failure to notify the Department of the birth or death of an exotic; failure to keep copies of sales records for three years; failure to perform the duties stated in these regulations; failure to promptly report any contagious, infectious, or zoonotic disease, agent or organism concerns; prior animal cruelty violations; and the applicant/permit holder fails to maintain enclosure, proper care, nutrition and welfare standards.

14.2 Administrative Hearing: The owner or custodian of an exotic animal may appeal from the State Veterinarian's determinations pursuant to regulation 14.1 by requesting an Administrative Hearing before the Secretary or his or her designee.

14.2.1 Whenever the State Veterinarian proposes to revoke a permit or deny an application for any reason other than that the exotic poses an immediate and unreasonable risk of harm to the public, the Department shall first give written notice to the permit holder or applicant of the State Veterinarian's determination. The written notice shall inform the permit holder or applicant that he or she has the right to challenge the determination and to request a hearing before the Secretary of the Department or his or her designee. A request for an administrative hearing must be made in writing and must be received by the Department within ten (10) business days of the date of the written notice to such permit holder or applicant; otherwise, the State Veterinarian's determination becomes final. The hearing shall be informal, and the technical rules of evidence shall not apply. The administrative hearing shall be scheduled by the Department as soon as practical, but in no event more than thirty (30) business days after receiving the written request for an administrative hearing.

14.2.2 Whenever the State Veterinarian determines that an exotic, whether exempt or not exempt, poses an immediate and unreasonable risk of harm to public health and safety or domestic animal health, the same exotic is subject to immediate seizure and possible destruction. In such circumstances no administrative hearing is available to the applicant/permit holder or owner/custodian to challenge the State Veterinarian's determination.

14.2.3 Administrative hearings shall be recorded. The Secretary or his or her designee shall render his or her decision in writing to all interested parties within sixty (60) days of the date of the administrative hearing.

14.3 Appeals shall be on the record to the Superior Court of the State of Delaware.

3 Del. Admin. Code § 903-14.0

13 DE Reg. 926 (01/01/10)