Section 10.91. Destruction or removal of animals illegally moved.

 

(1)   Summary order. The department may, without prior notice or hearing, order the destruction of, the return to premises of origin, or removal from this state of animals moved into or within this state if any of the following apply:

(a) The owner or custodian of the animals fails to produce a valid certificate of veterinary inspection, if a certificate is required under this chapter or ch. ATCP 12 .

(b) The animals are imported in violation of this chapter or ch. ATCP 12 , or in violation of any condition specified in an import permit under this chapter.

(2)   Service of order. An order under sub. (1) shall be served upon a person having custody or control of the animals affected by the order. The order may be served in person or by certified mail. Service may be proved by affidavit or by certified mail return receipt.

(3)   Contents of order. An order under sub. (1) shall contain all of the following information:

(a) The name and address of the person having custody or control of the animals, if known.

(b) A description of the animals affected by the order.

(c) The reason or justification for the order.

(d) A reasonable deadline for compliance with the order.

(e) Notice that persons adversely affected by the order may request a hearing to review the order.

(4)   Review of order. A person adversely affected by an order under sub. (1) may, within 30 days after receiving the order, request a hearing before the department to review the order. If a hearing is requested, the department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving the request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing before the department under ch. 227 , Stats. A request for hearing under this subsection does not postpone the deadline for compliance with the order unless the deadline is postponed by further order of the department.

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06; CR 07-107 : am. (title) and (1) (intro.) Register November 2008 No. 635 , eff. 12-1-08; CR 15-092 : am. (1) (intro.) Register July 2016 No. 727 , eff. 10-1-16.