Subd. 1. Designation. The Animal Control Authority or impartial hearing officer shall designate any dog as a potentially dangerous dog upon receiving evidence that the animal meets any of the criteria in subsection 391.02.
Subd. 2. Notice.
1. Upon a designation that a dog is potentially dangerous, the Animal Control Authority shall provide a written notice of potentially dangerous dog to the owner of record or, if none, to any owner of such dog by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice shall include the following:
a. A description of the dog deemed to be potentially dangerous;
b. The authority for and purpose of the potentially dangerous dog declaration and seizure, if applicable;
c. The time, place, and circumstances under which the dog was declared potentially dangerous;
d. The contact person where the dog is kept, if the dog was seized;
e. The identity of the official who made the determination;
f. The restrictions imposed upon the owner of a potentially dangerous dog under this section;
g. A statement that the owner of the dog may request a hearing concerning the potentially dangerous dog declaration and that failure to do so within 14 days of the notice will terminate the owner’s right to a hearing under this section;
h. A statement that if the impartial hearing officer affirms the potentially dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with the requirements in the notice of potentially dangerous dog;
i. A form to request a hearing under this section; and
j. A statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or impartial hearing officer finds that the seizure or impoundment was not substantially justified by law.
2. If the owner does not request a hearing within 14 days, the designation of potentially dangerous dog as issued in the written notice of potentially dangerous dog will stand, and the owner will be subject to all restrictions and requirements as set forth in the notice by the Animal Control Authority.
Subd. 3. Hearing.
1. If an owner requests a hearing within 14 days of the date of the notice for determination as to the potentially dangerous nature of the dog, the hearing shall be held before a hearing officer not more than 14 days after demand for said hearing.
2. The hearing shall be conducted pursuant to the requirements of subsection 391.04, Subd. 3.
3. After considering all evidence pertaining to the dog, the hearing officer shall issue a written order that rejects or upholds the determination. The decision must be delivered to the dog’s owner by hand delivery or registered mail as soon as practical and a copy must be provided to the Animal Control Authority. If the hearing officer upholds the determination as potentially dangerous, the order may affirm or modify the conditions recommended by the Animal Control Authority. If, as a result of testimony or other evidence at the hearing, there are grounds for declaring the dog to be a dangerous dog pursuant to subsection 391.04, the hearing officer may change the designation and issue the appropriate orders.
4. In the event that the dangerous dog declaration is upheld by the impartial hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog’s owner.
5. The decision of the impartial hearing examiner is final without any further right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the State Court of Appeals for a writ of certiorari not more than 30 days after service of the hearing examiner’s written decision.