Kansas Statutes 47-1706. Refusal to issue or renew or suspension or revocation of license or permit; grounds; judicial review; seizure and disposition of animals, when
Terms Used In Kansas Statutes 47-1706
- Adequate veterinary medical care: means :
(A) A documented program of disease control and prevention, euthanasia and routine veterinary care shall be established and maintained under the supervision of a licensed veterinarian, on a form provided by the commissioner, and shall include a documented on-site visit to the premises by the veterinarian at least once a year;
(B) that diseased, ill, injured, lame or blind animals shall be provided with veterinary care as is needed for the health and well-being of the animal, and such veterinary care shall be documented and maintained on the premises; and
(C) all documentation required by subsections (dd)(1)(A) and (dd)(1)(B) shall be made available to the commissioner or the commissioner's authorized representative for inspection or copying upon request and shall be maintained for three years after the effective date of the program or the administration of such veterinary care. See Kansas Statutes 47-1701
- Animal: means any live dog, cat, rabbit, rodent, nonhuman primate, bird or other warm-blooded vertebrate or any fish, snake or other cold-blooded vertebrate. See Kansas Statutes 47-1701
- Commissioner: means the animal health commissioner of the Kansas department of agriculture. See Kansas Statutes 47-1701
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Housing facility: means any room, building or area used to contain a primary enclosure or enclosures. See Kansas Statutes 47-1701
- Person: means any individual, association, partnership, corporation or other entity. See Kansas Statutes 47-1701
- Primary enclosure: means any structure used or designed for use to restrict any animal to a limited amount of space, such as a room, pen, cage, compartment or hutch. See Kansas Statutes 47-1701
- sold: include transfers by sale or exchange. See Kansas Statutes 47-1701
(a) The commissioner may refuse to issue or renew or may suspend or revoke any license or permit required under Kan. Stat. Ann. § 47-1701 et seq., and amendments thereto, for any one or more of the following reasons:
(1) Material misstatement in the application for the original license or permit, or in the application for any renewal of a license or permit;
(2) willful disregard of any provision of the Kansas pet animal act or any rule and regulation adopted hereunder, or any willful aiding or abetting of another in the violation of any provision of the Kansas pet animal act or any rule and regulation adopted hereunder;
(3) permitting any license or permit issued hereunder to be used by an unlicensed or unpermitted person or transferred to unlicensed or unpermitted premises;
(4) the conviction of any crime relating to the theft of animals;
(5) substantial misrepresentation;
(6) misrepresentation or false promise, made through advertising, salespersons, agents or otherwise, in connection with the operation of business of the licensee or permittee;
(7) fraudulent bill of sale;
(8) the housing facility or the primary enclosure is inadequate;
(9) the feeding, watering, sanitizing and housing practices at the licensee’s or permittee’s premises are not consistent with the Kansas pet animal act or the rules and regulations adopted hereunder;
(10) failure to provide adequate veterinary medical care to the animals in such licensee or permittee’s custody or care; or
(11) failure to maintain or provide documentation of the provision of adequate veterinary medical care, as required in Kan. Stat. Ann. § 47-1701(dd), and amendments thereto, to animals in such licensee or permittee’s custody or care when access to such is requested by the commissioner or the commissioner’s authorized representatives.
(b) The commissioner shall refuse to issue or renew and shall suspend or revoke any license or permit required under Kan. Stat. Ann. § 47-1701 et seq., and amendments thereto, for a conviction of cruelty to animals, Kan. Stat. Ann. § 21-4310, prior to its repeal, or subsections (a)(1) through (a)(5) of Kan. Stat. Ann. § 21-6412, and amendments thereto.
(c) Any refusal to issue or renew a license or permit, and any suspension or revocation of a license or permit, under this section shall be issued only after notice and opportunity for a hearing are provided in accordance with the provisions of the Kansas administrative procedure act and shall be subject to review in accordance with the Kansas judicial review act.
(d) Notwithstanding subsection (c), nothing shall preclude the commissioner from issuing a quarantine order in accordance with Kan. Stat. Ann. § 77-536, and amendments thereto, on any premises regulated under this act wherein the animals are found to be infected with a contagious or zoonotic disease which may infect animals or humans that may come into contact with or be exposed to such animals.
(e) Whenever the commissioner denies, suspends or revokes a license or permit under this section, the commissioner or the commissioner’s authorized, trained representatives shall seize and impound any animals in the possession, custody or care of the person whose license or permit is denied, suspended or revoked if there are reasonable grounds to believe that the animals’ health, safety or welfare is endangered. Except as provided by Kan. Stat. Ann. § 21-6412, and amendments thereto, such animals may be returned to the person owning them if there is satisfactory evidence that the animals will receive adequate care by that person or such animals may be sold, placed or euthanized, at the discretion of the commissioner. Costs of care and services for such animals while seized and impounded shall be paid by the person from whom the animals were seized and impounded, if that person’s license or permit is denied, suspended or revoked. Such funds shall be paid to the commissioner for reimbursement of care and services provided during seizure and impoundment. If such person’s license or permit is not denied, suspended or revoked, the commissioner shall pay the costs of care and services provided during seizure and impoundment.