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(a) Expiration and renewal. A dog fancier, cat fancier, commercial kennel, pet shop or pet care business license shall be valid from the date received until the following June 30 and shall be renewed within 90 days after June 30 upon payment of the annual license fee. Failure to make timely application for the initial license or for renewal shall result in a late fee of $25. The Agency may refuse to issue or renew any license required by this title if the applicant or licensee has failed to comply with the provisions of this title or any of the provisions listed in §§ 18-10-135 or 18-10-137 of this Code.
(b) Revocation. The Agency, Health Officer, or the authorized and trained representative of the Health Officer may revoke or suspend a license issued under this title on finding that the licensee has failed to comply with this article, Article 18, or any other applicable local, State, or federal law governing the protection and keeping of animals. When a license is revoked or suspended pursuant to this section, the licensee shall immediately cease all operations and activities authorized by the license.
(1985 Code, Art. 12, § 7-107) (Bill No. 46-92; Bill No. 83-94; Bill No. 41-01; Bill No. 12-13; Bill No. 79-13; Bill No. 44-14; Bill No. 70-18)
Editor's note – Bill No. 70-18 renumbered various sections and added a new § 12-4-711 to require a license for the keeping of miniature pigs. Pursuant to Sections 3 and 4 of Bill No. 70-18, this was in effect from November 10, 2018 until January 1, 2019.
(a) Notice. Before denying, withholding renewal of, suspending, or revoking any license, the Chief shall give notice to the licensee. The notice shall:
(1) specify the violation or other basis for the action;
(2) state a time within which the licensee shall take corrective action to abate the violation or cure other defects, if the violation or defect is something that can be cured; and
(3) inform the aggrieved party of the right to appear before the Commission to show cause why the license should not be revoked or other action upheld.
(b) Finality. A decision by the Agency to revoke a license shall be final except as provided in § 12-4-713.
(1985 Code, Art. 12, § 7-108) (Bill No. 41-01; Bill No. 11-07; Bill No. 12-13; Bill No. 79-13; Bill No. 44-14; Bill No. 89-20)
(a) Time for appeal to Commission. A person aggrieved by a decision of the Agency relating to issuance, suspension, revocation, denial, or nonrenewal of a license required by this title may appeal the decision to the Commission within 10 days after the decision.
(b) Hearing. On request, the Commission shall hold a hearing. At the hearing, parties shall have the opportunity to be represented by legal counsel.
(c) Recommendation to Chief and decision. Within 15 days after the hearing, the Commission shall forward to the Chief its findings and recommendation to affirm, modify, or rescind previous administrative action. The findings shall include the evidence on which the decision is based. The Chief shall consider each recommendation of the Commission. Within 15 days after receipt of the Commission's findings and recommendation, the Chief shall notify the appealing party of the determination.
(d) Appeal to Board of Appeals. Within 30 days after notice of a final decision of the Chief affecting a license required by this title, a person aggrieved may file a notice of appeal with the Board of Appeals.
(1985 Code, Art. 12, § 7-109) (Bill No. 67-98; Bill No. 41-01; Bill No. 11-07; Bill No. 79-13; Bill No. 44-14)
When a decision to prohibit the right to own or keep an animal is final, the owner shall sell, give away, or euthanize the animals covered by the license. In case of revocation, no part of the license fee may be refunded. An application for issuance or reissuance of any license denied or revoked under this title may not be approved until one year from the date of finality of the denial or revocation.
(1985 Code, Art. 12, § 7-110) (Bill No. 41-01; Bill No. 79-13; Bill No. 44-14; Bill No. 89-20)
If corrective action is not taken by the violator within the time specified in a notice issued pursuant to § 12-4-712 and an appeal is not taken, the Agency shall take appropriate legal action, and may request the Office of Law to institute legal proceedings.
(1985 Code, Art. 12, § 7-111) (Bill No. 41-01; Bill No. 79-13; Bill No. 44-14; Bill No. 89-20)
The burden of proof of the fact that an animal or establishment has been licensed or is otherwise not required to be licensed shall be on the owner of the animal or the owner of the establishment.
(1985 Code, Art. 12, § 7-113) (Bill No. 41-01; Bill No. 79-13; Bill No. 44-14; Bill No. 89-20)
SUBTITLE 8. STANDARDS FOR CARE AND KEEPING OF ANIMALS
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