(a) Scope. On notification of a possible violation of §§ 10-601 et seq. of the Criminal Law Article of the State Code, the Agency shall:
(1) determine whether or not a probable violation has occurred;
(2) notify the appropriate authority of the alleged violation; and
(3) recommend or take action necessary to rectify the situation.
(b) Seizure. Subject to the limitations contained in § 10-615(f) of the Criminal Law Article of the State Code, and as necessary for the health of the animal or to protect the animal from cruelty, an Agency officer, authorized agent of the Agency, police officer, or other public official required to protect animals may seize, remove, or impound an animal that:
(1) does not have access to sufficient food or water;
(2) is subjected to cruelty; or
(3) is abused or neglected as defined in § 10-604 of the Criminal Law Article of the State Code.
(c) Surrender of animals. Any person charged under §§ 10-604 through 10-618 of the Criminal Law Article of the State Code shall immediately surrender to the Agency all animals in the person's ownership or custody.
(d) Notice. If an animal is seized or surrendered under this section, the owner of the animal shall be served with written notice that advises that a written petition for return of the animal may be filed with the Commission within 10 days of service of the notice.
(e) Unidentified owner. If the owner of an animal seized or surrendered under this section cannot be identified after reasonable efforts by the Agency, the animal shall be deemed unwanted or unredeemed, and final disposition shall be made as provided in this title.
(f) Petition. The owner of an animal seized or surrendered pursuant to this section may file a petition in writing for the return of the animal with the Commission within 10 days of service or posting of the notice. At least 10 days prior to the hearing, the Agency shall provide written notice to the owner of the specific allegations, and the date, time, and location of the hearing. If the owner fails to file a petition with the Commission within 10 days of being served with the notice, the animal shall be deemed unwanted or unredeemed and final disposition shall be made as provided in this title.
(g) Commission hearing. The hearing before the Commission shall be governed by § 12-4-206. The Agency shall establish a violation of this section by a preponderance of the evidence. If the petitioner fails to appear at the hearing, the petition shall be dismissed and the animal shall be deemed unwanted or unredeemed as provided in this title.
(h) Chief's determination. If the Chief determines that prohibiting the owner of the animal from redeeming the animal is necessary for the health of the animal or is necessary to protect the animal from cruelty, the Agency shall deem the animal unwanted or unredeemed and may dispose of the animal as permitted in § 12-4-505(b).
(i) Care for seized or surrendered animals. Any animal seized by or surrendered to the Agency under this section shall be maintained, or humanely euthanized if unable to be maintained, by the Agency at the expense of the owner.
(1985 Code, Art. 12, § 9-101) (Bill No. 41-01; Bill No. 89-20)