Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-31-3 - Addressing complaints regarding inhumane treatment of livestock3.1. The county sheriff, humane officer, county commission, or other designated county authority is responsible for investigating and taking any action in response to a complaint of inhumane treatment of animals or livestock. 3.1.a. The Department shall forward complaints received by the Department to the responsible law enforcement officer of the county in which the conduct complained of occurred.3.1.b. Law enforcement officers shall forward all complaints received regarding the inhumane treatment of livestock to the Department.3.2. Any law enforcement officer may request assistance from the Department in addressing a situation concerning the inhumane treatment of livestock. Any documentation or communication regarding any investigation of a situation involving the inhumane treatment of livestock is confidential and exempt from disclosure pursuant to the West Virginia Freedom of information Act, W. Va. Code § 29B-1-1et seq.3.3. Any law enforcement officer may request an opinion concerning the application of this rule to the Commissioner.3.3.a. The requesting officer shall present the request in writing and provide all information in his or her possession concerning the complaint, including the results of any investigation conducted to date.3.3.b. The Commissioner, or his or her designee, may investigate the complaint further or request additional information from the requesting officer, the animal owner, or the individual submitting the complaint. Any information collected as part of this process is considered confidential and exempt from disclosure pursuant to the West Virginia Freedom of information Act, W. Va. Code § 29B-1-1et seq.3.3.c. The Commissioner may decline to issue an opinion if insufficient information is available.