125.00.02 Ark. Code R. § 004 - EIA (Equine Infectious Anemia) Verifier Regulation
I)
Responsibilities of event
sponsors:
1) Any individual person,
group of individuals, club, organization, association, or corporation that
sponsors, conducts, or organizes an equine event or activity that:
a) has any membership fee, gate fee,
registration fee, user fee, or camping fee; or
b) provides prize money, trophies, plaques,
ribbons, points, or awards of any kind including jackpots and benefits; or
c) a causes a concentration of
fifty (50) or more equines shall arrange for a certified EIA verifier to be
present at the event to verify that each of the Equidae is accompanied by a
record of a negative current official equine infectious anemia test within the
past twelve (12) months.
2) For any individual person, group of
individuals, club, organization, association, or corporation that sponsors,
conducts, or organizes an equine event or activity that meets any of the above
requirements:
a) The equine event sponsor(s)
that
1) does not arrange for a certified EIA
Verifier to be present; or
2) does
not arrange for enough certified EIA Verifiers to have each individual equine
checked; or
3) does not keep a
record for one year of which certified EIA Verifier(s) verified at an equine
event; or
4) allows the
participation of any equine in any event that has not been verified by a
certified EIA Verifier as having a record of a negative current official equine
infectious anemia test within the past twelve (12) months shall be guilty of a
Class A Misdemeanor.
b)
The equine event sponsor shall
1) designate an
area for equine verification to occur that provides for the safety of the
certified EIA Verifier, all horses to be verified, horse owners, and the
public; and
2) provide for the EIA
verification to occur prior to the participation of an equine in the event and
arrange for separation of verified and non-verified horses as far apart as
possible; and
3) Assist Livestock
and Poultry representatives in the investigation of any reports from a
certified EIA Verifier of any equine and its owner, if ascertainable, that did
not provide a record of a negative current official equine infectious anemia
test within the past twelve (12) months prior to entry of the equidae in the
their event.
c)
Financial compensation, if any, between the event sponsor and the certified EIA
Verifier shall be by private treaty.
II)
A certified EIA Verifier
Course
1) The curriculum of the
certified Equine Infectious Anemia Verifier Course shall be that agreed upon by
the cosponsors of the training course, which are the Arkansas Livestock and
Poultry Commission, the University of Arkansas Cooperative Extension Service,
and the Arkansas Horse Council.
2)
The curriculum shall contain information about the EIA law, the disease, how to
verify, how to report a violation, and other general information deemed
beneficial or necessary to the "certified EIA Verifier" being able to verify an
equine as negative by a record of a negative current official equine infectious
anemia test within the past twelve (12) months.
3) Each individual undergoing the training
course must pass a test based on the curriculum with at least an eighty (80%)
per cent proficiency before being awarded a certificate as an official
certified EIA Verifier.
4) All
individuals undergoing the training shall complete an application to become a
certified EIA Verifiers prior to taking the proficiency test.
5) Each certified EIA Verifier shall notify
the Arkansas Livestock and Poultry Commission of any change in mailing address
within thirty (30) days of such change.
6) The initial certification shall be for one
(1) year.
7) Re-certification shall
be for three years upon the receipt of a five $5.00) dollar fee.
8) At the end of each subsequent
re-certification period the certified EIA Verifier will be required to retake
the course, pass the test, and shall be re-certified upon the receipt of a five
($5.00) dollar fee.
III)
Responsibility of certified EIA Verifier
1) The certified EIA Verifier shall verify
that each of the equidae participating in an equine activity is accompanied by
a record of a negative current official equine infectious anemia test within
the past twelve (12) months prior to entry of the equidae in any
event.
2) The certified EIA
Verifier shall report by fax or mail within twenty-four hours to the Arkansas
Livestock and Poultry Commission any equine and its owner, if ascertainable,
that does not meet the standards of verification as provided in the curriculum
manual of a record of a negative current official equine infectious anemia test
within the past twelve (12) months prior to entry of the equidae in the
event.
3) The certified EIA
Verifier shall report immediately to the event sponsor any equine and its
owner, if ascertainable, that does not meet the standards of verification as
provided in the curriculum manual of a record of a negative current official
equine infectious anemia test within the past twelve (12) months prior to entry
of the equidae in the event.
4)
Each certified EIA Verifier shall notify the Arkansas Livestock and Poultry
Commission of any change in their mailing address within thirty (30) days of
such change.
5) Upon receipt of a
complaint filed with Livestock and Poultry Commission as to the performance of
the EIA Verifier's activity as a certified EIA Verifier, the State Veterinarian
or Director shall have the complaint investigated, and may after review:
a) dismiss the complaint: or
b) recommend an informal hearing for a
determination of status with the certified EIA Verifier by a tribunal
consisting of a representative of the Arkansas Livestock and Poultry Commission
official, the University of Arkansas Cooperative Extension Service, and the
Arkansas Horse Council: or c) have a formal hearing with the certified EIA
Verifier for a determination of status by a tribunal consisting of a
representative of the Arkansas Livestock and Poultry Commission official, the
University of Arkansas Cooperative Extension Service, and the Arkansas Horse
Council, and the State Veterinarian or the Director of Arkansas Livestock and
Poultry Commission.
6)
The certified EIA Verifier that is required to undergo a determination of
status may elect to have an informal hearing or a formal hearing at which time
any of the following may occur:
a) Dismissal
of the complaint
b) Warning issued
to the certified EIA Verifier
c)
Suspension of the certified EIA Verifier's certification for a specified period
of time
d) Revocation of the
certified EIA Verifier's certification
e) All suspensions and revocations shall be
reported to the Commission.
f) If
evidence of fraud is determined by an informal or formal hearing, a report to
the Arkansas Livestock and Poultry Commission will be made and the Commission
shall make a decide whether further civil action should be pursued
g) The certified EIA Verifier shall have the
option of appealing the ruling of an informal hearing to a formal hearing, and
of appealing the ruling of a formal hearing to the Commission for a final
determination.
7) Any
certified EIA Verifier that is suspended or revoked or any individual posing as
a certified EIA Verifier that is not certified that represents themselves as a
certified EIA Verifier at an equine event shall be guilty of a Class A
Misdemeanor.
IV)
Minimum requirement to become a certified EIA Verifier:
a) resident of Arkansas or a contiguous
state;
b) at least eighteen (18)
years of age;
c) complete a
Certified EIA Verifier Course passing the proficiency test with a minimum of
eighty (80%) per cent correct answers;
d) shall not have had a revocation of their
EIA Verifier certificate by the Livestock and Poultry Commission; and e) meet
all requirements of section
II above and pay all fees when required
for re-certification.
Notes
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