Iowa Code r. 21-67.13 - Access, seizure and impoundment
(1)
Access to facilities and records. The premises, housing
facilities and records required by Iowa Code chapter 162 and this chapter shall
be open for inspection by authorized personnel of the department during normal
business hours.
(2)
Seizure
and impoundment.
a. Failure of any
pound, animal shelter, pet shop, boarding kennel, commercial kennel, commercial
breeder, public auction or dealer to adequately house, feed, water or care for
the animals in the person's or facility's possession or custody may subject the
animals to seizure and impoundment. Seizure and impoundment shall be at the
discretion of the secretary of agriculture. Standards to guide discretion shall
include, but not be limited to, the following:
(1) An assessment of the condition of the
animals, including but not limited to direct visual examination. Such
assessment may include procedures and testing necessary to accurately determine
disease, nutritional, and health status.
(2) An assessment as to the likelihood that
the condition of the animals will deteriorate if action is not taken.
(3) An assessment as to the degree of failure
to provide for the animals. Primary consideration will be based on the general
health of the animals and the adequacy with which the animals are being fed,
watered and sheltered.
(4) An
assessment as to the history, if any, of the facility's compliance,
noncompliance, and willingness to take corrective action. Such an assessment
will be based on past inspection reports completed by regulatory personnel from
the appropriate licensing agency.
(5) Court determination, if any, as to the
existence of cruelty, abuse or neglect under Iowa Code chapter 717B.
(6) The willingness of the facility to allow
frequent monitoring and the ability of the department or local law enforcement
officers to provide this service.
(7) A determination as to whether adequate
impoundment facilities or resources exist and are available for use by the
department for the seizure and impoundment of animals.
b. In proceeding under this subrule, the
department may either:
(1) Petition the court
in the county where the facility is located for an ex parte court order
authorizing seizure and impoundment, either separately or as part of an action
commenced pursuant to Iowa Code chapter 717B. The petition shall request an
expedited hearing within seven days of the order for seizure and impoundment.
The expedited hearing shall determine final disposition of the animals seized
and impounded.
(2) Issue an
administrative order authorizing seizure and impoundment. The order shall state
the finding of facts on which issuance of the order was based. The order shall
be personally served upon the owner or manager of the facility. If the owner or
manager cannot be found after a reasonable effort to locate, the notice shall
be posted conspicuously at the facility. The notice shall state the time and
place of an administrative hearing to determine the appropriateness of the
seizure and impoundment; and if such seizure and impoundment is upheld, then
the hearing shall determine final disposition of the animals seized and
impounded.
The administrative hearing shall be held within three days of the seizure unless a continuance is agreed upon by the department and the owner. A decision at the administrative hearing will not be stayed by the department for more than 48 hours pending appeal without a court order. However, the department may delay the disposition if the department determines the delay is desirable for the orderly disposition of the animals. Unless otherwise provided in this subrule, the department will follow adopted departmental rules on the conduct of the administrative hearing.
c. The release of
animals for final disposition to the department will allow for the sale,
adoption or euthanasia of the animals. Determination of the most appropriate
option for final disposition of a specific animal shall reside with the
department and be based on, but not limited to, the animal's physical health,
the presence of any condition which would necessitate treatment of significant
duration or expense, and the appropriateness of the animal as a pet. All due
consideration shall be given to the sale or adoption of an animal as the
preferable option of disposition.
d. Any moneys generated from the sale or
adoption of animals shall be used to provide compensation for the cost of care
of the animals while impounded or the cost of disposition. Any residual moneys
shall be directed to the owner. If the moneys generated from the sale and
adoption of the animals are insufficient to meet the costs incurred in caring
for the animals, the difference may be recovered in an action against the owner
of the animals.
e. The department
may arrange for impoundment services, including final disposition, with any
licensed facility able to adequately provide for the care and disposition of
the animals. Animals for which an order is issued authorizing seizure and
impoundment shall be individually identified and records maintained relating to
their care and final disposition. The department, or its representatives, shall
be allowed access during normal business hours to the records and impounded
animals.
f. In lieu of seizure and
impoundment, the secretary of agriculture may authorize a one-time dispersal of
animals, including by sale, as a remedial option. The owner may petition the
department in writing for full or partial dispersal. The petition shall address
the terms and conditions for dispersal which are being requested. The
department may require additional terms and conditions. The terms and
conditions governing dispersal will be contingent upon department approval.
Such approval shall be in writing.
g. Conditions of this subrule and subrule
67.13(1) and Iowa Code sections
162.13 and
162.14 shall likewise apply to
all eligible licensees and registrants, whether or not they have been properly
licensed by Iowa Code chapter 162.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.