West Virginia Code 19-2H-3 – Authority of the department; duties and obligations of the commissioner
(a) The department is hereby granted authority to regulate captive cervid farming facilities in this state in accordance with this article. Subject to the transition provisions contained in this article, no person may operate a captive cervid farming facility in this state unless that person holds a license issued by the commissioner pursuant to this article.
Terms Used In West Virginia Code 19-2H-3
- Biosecurity: means measures, actions or precautions taken to prevent the transmission of disease in, among or between free-ranging and captive cervids. See West Virginia Code 19-2H-2
- Commissioner: means the Commissioner of the West Virginia Department of Agriculture. See West Virginia Code 19-2H-2
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the West Virginia Department of Agriculture. See West Virginia Code 19-2H-2
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- License: means the authorization issued by the department for the operation of a captive cervid farming facility pursuant to this article. See West Virginia Code 19-2H-2
- Person: means an individual, corporation, limited liability company, partnership, association, joint venture or other legal entity. See West Virginia Code 19-2H-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The commissioner or his or her designees may:
(1) Establish a section and designate staff responsible for the enforcement of this article;
(2) Contract with veterinarians, biologists or other professionals to implement this article;
(3) Enter into contracts or compacts with state agencies or other states to enhance the biosecurity of captive cervid farming facilities in this and other states;
(4) Lease, rent, purchase, construct, maintain, operate, sell, encumber or assign rights of real or personal property to meet the objectives of this article;
(5) Hold hearings, subpoena witnesses, administer oaths, take testimony, require the production of evidence and designate hearing examiners and employees;
(6) Take any other action necessary or incidental to the performance of his or her duties pursuant to this article;
(7) Regulate the movement of captive cervids and require the documentation of the origin and destination of all shipments of captive cervids; and
(8) Prohibit captive cervid facilities in this state from receiving live captive cervids or any byproduct thereof, or captive cervid genetic materials from a captive cervid facility that has had a confirmed chronic wasting disease or tuberculosis positive cervid in the last sixty months.