Nebraska Administrative Code
Topic - AGRICULTURE, DEPARTMENT OF
Title 23 - DEPARTMENT OF AGRICULTURE, BUREAU OF ANIMAL INDUSTRY
Chapter 18 - COMMERCIAL DOG AND CAT OPERATOR INSPECTION REGULATIONS
Section 23-18-006 - Inspections and Complaints
Universal Citation: 23 NE Admin Rules and Regs ch 18 ยง 006
Current through September 17, 2024
006.01 In addition to the definitions set forth in 23 NAC 18-003, the following shall apply to 23 NAC 18-006:
006.01A Abandoned shall mean
the term as defined in Neb. Rev. Stat. §
28-1008(1).
006.01B Cruelly mistreat shall mean the term
as defined in Neb. Rev. Stat. §
28-1008(3).
006.01C Cruelly neglect shall mean the term
as defined in Neb. Rev. Stat. §
28-1008(4).
006.01D Direct violations shall mean
violations of the Act, these regulations or
9 C.F.R. §§
3.1 to
3.19 that have a high
potential to adversely affect the health, well-being or safety of the dogs or
cats but do not meet the definitions of abandoned, cruelly mistreated, cruelly
neglected or significant threat to the health or safety of the dogs or
cats.
006.01E Flagged violations
shall mean violations of the Act, these regulations or
9 C.F.R. §§
3.1 to
3.19 that the Department
reasonably suspects may involve dogs or cats being abandoned, cruelly
mistreated, cruelly neglected or subject to conditions which may pose a
significant threat to the health or safety of the dogs or cats.
006.01F Indirect violations shall mean
violations of the Act, these regulations or
9 C.F.R. §§
3.1 to
3.19 that do not have a
high potential to adversely affect the health, well-being or safety of the dogs
or cats.
006.01G Representative of
the operator means a person over the age of nineteen an operator has expressly
authorized, verbally or in writing, to the Department, to allow entry on the
premises of the operator for the purpose of inspection under the Act. If the
operator decides to revoke an authorization, the operator must inform the
Department, in writing.
006.02 Any inspection conducted under the Act will be performed in accordance with the Act and these regulations.
006.02A Inspections shall be documented and
the written report shall specify a compliance date for any violation of the
Act, these regulations or
9 C.F.R. §§
3.1 to
3.19. Compliance dates
shall be set for violations based on the potential effect of the violation on
the dogs or cats as follows:
006.02A(1)
Flagged violations shall be set with a compliance date ranging between
immediately and up to 24 hours, taking into account the seriousness of the
violation and the actual harm to the dogs or cats.
006.02A(2) Direct violations shall be set
with a compliance date ranging between immediately and up to 45 days, taking
into account the seriousness of the violation and the potential harm to the
dogs or cats. Compliance dates shall allow the violator to come into compliance
while safeguarding the health or safety of the dogs or cats.
006.02A(3) Indirect violations may be given a
longer time frame for correction.
006.02B If during any inspection the
Department reasonably suspects a person has committed a flagged violation, the
following provisions are applicable:
006.02B(1) If the Department reasonably
suspects any dog or cat is abandoned or being cruelly mistreated or cruelly
neglected, the Department shall, the same day, notify the law enforcement
agency of the county in which the alleged violation is occurring.
006.02B(2) If the Director has reason to
believe that any alleged violation of the Act or these regulations or an order
of the Director or any other existing condition posing a significant threat to
the health or safety of the dogs or cats harbored or owned by an applicant or a
licensee constitutes cruel neglect, abandonment, or cruel mistreatment, a
special investigator appointed as a deputy state sheriff authorized pursuant to
Neb. Rev. Stat. §
81-201
of the Department may inspect, care for or impound the dogs or cats or the
Director may request any other law enforcement officer as defined in Neb. Rev.
Stat. §
28-1008
to inspect, care for or impound the dogs or cats.
006.02B(3) The Department may enter into
agreements with any appropriate public or private entity to provide for the
care, shelter and disposition of the impounded dogs or cats.
006.02C The Department, at it's
discretion, will attempt to make unannounced inspections during normal business
hours.
006.03 All premises of operators shall be inspected as often as set out in § 54-628, or as often as determined necessary by the Department to carry out its duties under the Act and these regulations.
006.04 If an operator, or a representative of the operator, applicant or any other person the Department has reason to believe is an operator does not make the premises available to the Department for inspection, the following procedures shall be implemented:
006.04A If an operator, or a representative
of the operator, applicant or other person the Department has reason to believe
is an operator is not present or does not respond to notification of the
Department's presence at the premises, the Department will attempt to contact
by telephone the operator. If telephone contact is made, the operator will be
notified of the intended inspection and that a representative over the age of
nineteen must be onsite within a reasonable amount of time, not to exceed two
hours, to allow the inspection.
006.04A(1) If
the Department cannot make contact with the operator by telephone, or the
inspection is not allowed within the set timeframe, a notice of the attempted
inspection such as the example Attempted Inspection Notice form, attached as
Appendix H, will be posted in a prominent location on the premises, such as the
front door of the facility or residence; and
006.04A(2) The failure to allow the
Department to have full and complete access for inspections as set forth in
subsections (1), (3), (4), (5), (6), (7), (8) and (9) of §
54-628
of the Act may be considered by the Department as a refusal by the operator to
allow an inspection pursuant to the Act., and the Department may seek to obtain
an inspection warrant for purposes of inspecting the premises for compliance
with the Act, these regulations, or
9 C.F.R. §§
3.1 to
3.19.
006.04B If the operator, expressly
refuses to make premises upon which dogs or cats are present available for
inspection, the Department may immediately seek to obtain an inspection warrant
or a search warrant for purposes of inspecting the premises for compliance with
the Act, these regulations, or
9 C.F.R. §§
3.1 to
3.19.
006.04C Any operator not allowing the
Department to make an attempted inspection shall be subject to the reinspection
fees set forth in §
54-628(3)
and subject to the provisions of §
54-628(9)
of the Act and the Department may pursue one
or any combination of enforcement actions provided.
006.05 All complaints alleging a violation of the Act, these regulations, or 9 C.F.R. §§ 3.1 to 3.19, shall be reviewed and evaluated, after which the Department may assign priorities to the complaints and initiate an inspection. The priorities and inspections shall be conducted in the following descending order when determined by the Department to be reasonable and logical:
006.05A Any
written or signed complaint, including those submitted by facsimile or
electronic transmission, indicating that a person is in violation or is
suspected to be in violation of the Act, these regulations, or
9 C.F.R. §§
3.1 to
3.19;
006.05B Any complaint from an identified
source indicating that a person is in violation or is suspected to be in
violation of the Act, these regulations, or
9 C.F.R. §§
3.1 to
3.19; or
006.05C Any complaint from an anonymous
source indicating a person is in violation, or is suspected to be in violation
of the Act, these regulations, or
9 C.F.R. §§
3.1 to
3.19.
006.06 Any complaint indicating a dog or cat is abandoned or being cruelly neglected or cruelly mistreated, shall, the day it is received, be referred to the law enforcement agency of the county in which the alleged violation is occurring. The Department may inspect investigate such complaints for the purpose of determining if there are any violations of the Act, these regulations, or 9 C.F.R. §§ 3.1 to 3.19.
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