Section 459-701 - Reimbursement for damages; complaints(a) Reimbursement.-- A person may make application to the department for reimbursement for damage to a domestic animal by a dog, whether or not the domestic animal is directly damaged by the dog or is necessarily destroyed due to damage caused by the dog, if the all of the following apply: (1) The damage occurs when the domestic animal is confined in a field or other enclosure adequate for confinement of such animal.(2) The damage was not caused by a dog owned or harbored by the owner of such damaged domestic animal.(3) The owner of the offending dog is unknown.(b) Complaint.-- To receive reimbursement under subsection (a), a person must file a written, signed complaint with the department. The complaint must state all of the following:(1) The time, place and manner of the damage.(2) The number and type of domestic animals damaged.(3) The amount of the damage. The amount under this paragraph is limited to $10,000 for each domestic animal.(c) Limitation.-- A written complaint under subsection (b) must be filed within five business days of discovery of the damage.(d) Investigation.-- Within 48 hours of receipt of a complaint under subsection (b), a State dog warden shall investigate the complaint by examining the site of the occurrence. The State dog warden may examine witnesses under oath or affirmation.(e) Determination.--(1) Within ten business days after the initiation of the investigation under subsection (d), the State dog warden shall issue one of the following determinations: (i) A dismissal of the complaint.(ii) A damage award. The amount under this subparagraph is limited to $10,000 for each domestic animal and in no instance shall the award exceed 90% of the appraised value of the domestic animal.(2) Failure to act within the time period under paragraph (1) shall be deemed a damage award in the amount claimed in the complaint under subsection (b)(3).(f) Arbitration.--(1) If the complainant does not agree to the damage award under subsection (e)(1)(ii), the complainant and the State dog warden shall appoint a disinterested, qualified citizen to act as arbitrator.(2) The arbitrator shall determine the damage award. The amount under this paragraph is limited to $10,000 for each domestic animal and shall not exceed 90% of the appraised value of the animal.(3) The arbitrator shall receive appropriate compensation, paid by the complainant.(g) Administrative appeal.--(1) A complainant may appeal to the department a determination under subsection (e)(1)(i) or (f)(2).(2) The appeal must be filed within 30 days of issuance of the determination.(3) Within 30 days of filing under paragraph (2), the department must issue one of the following adjudications: (i) Affirming the original determination.(ii) Modifying the original determination.(4) Failure to act within the time period under paragraph (3) shall be deemed a modification of the original determination to grant an award in the amount claimed in the complaint under subsection (b)(3).(5) This subsection is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies).(h) Judicial review.-- A complainant may appeal to Commonwealth Court an adjudication under subsection (g)(3). This subsection is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).(i) Payment of claims.-- All damage claims shall be paid from the Dog Law Restricted Account. No payment shall be made for any claim which has already been paid by the claimant's insurance carrier. The claimant must certify to the department that he has not received payment for any damages under this section by any person.(j) Rules and regulations.-- The secretary may promulgate any rules and regulations deemed necessary to enforce the provisions of this section.1982, Dec. 7, P.L. 784, No. 225, art. VII, § 701, effective 1/1/1983. Amended 1986, May 16, P.L. 194, No. 59, § 1, effective in 60 days; 1996, Dec. 11, P.L. 943, No. 151, § 17, effective in 60 days.