Current through all regulations passed and filed through September 16, 2024
(A)
An applicant for
a rescue facility permit shall file an application for a permit with the
director of agriculture on a form prescribed and provided by the director. An
applicant need apply for only one permit regardless of the number of dangerous
wild animals that the applicant possesses. The application shall include all of
the following:
(1)
The name, date of birth, address, social security
number, and federal employer identification number, if applicable, of the
applicant;
(2)
If different from the information provided under
paragraph (A)(1) of this rule, the name and address of the location where each
dangerous wild animal will be confined;
(3)
A description of
each dangerous wild animal, including the scientific and common names, the name
that the applicant has given the animal, the animal's sex, age, color, weight,
and any distinguishing marks or coloration that would aid in the identification
of the animal;
(4)
The identification number of a microchip that is
implanted in each dangerous wild animal and the frequency of the passive
integrated transponder contained in the microchip;
(5)
A plan of action
to be undertaken if a dangerous wild animal escapes;
(6)
Proof that the
applicant has established a veterinarian-client relationship as described in
section 4741.04 of the Revised Code with
regard to each dangerous wild animal;
(7)
A declaration as
to whether the applicant has ever been convicted of a felony, or any crime
related to cruelty to animals, escape of dangerous animals, or prohibitions
concerning companion animals;
(8)
A declaration as
to whether the dangerous wild animals have previously been registered with the
department;
(9)
A declaration that each dangerous wild animal has been
sterilized, or that such sterilization is medically
contraindicated;
(10)
A declaration as to whether the applicant will have
employees working on their behalf;
(11)
A attestation
as to whether the applicant has used equivalent materials as defined in rule
901:1-4-01
of the Administrative Code;
(12)
An declaration
as to whether the applicant is in compliance with the housing and care
standards set forth in Chapter 901:1-4 of the Administrative Code;
and,
(13)
A declaration that the applicant will not allow public
contact with the dangerous wild animals.
(14)
An opportunity
for the applicant to request the department make a determination as to the
suitability of equivalent materials used in the applicant's
facility.
(B)
Not later than ninety days after receipt of an
application under section
935.101 of the Revised Code, the
director of agriculture shall issue or deny a rescue facility permit. The
director shall issue a permit to an applicant only if all of the following
apply:
(1)
The
applicant is eighteen years of age or older.
(2)
The applicant is
in compliance with the standards of care established in this
chapter.
(3)
The applicant has signed an affidavit attesting that
each dangerous wild animal that is possessed by the applicant has been
sterilized. However, a dangerous wild animal is not required to be sterilized
if a veterinarian that is qualified to provide veterinary care to the dangerous
wild animal determines that the sterilization is medically contraindicated and
the applicant has submitted a copy of the veterinarian's written determination
with the applicant's application.
(4)
The applicant
has signed an affidavit attesting that the applicant will not allow members of
the public to be in physical contact with a dangerous wild animal possessed by
the applicant. This paragraph does not apply to an employee of the applicant or
a volunteer who has entered into a written agreement with the applicant to work
for or volunteer for the applicant and assists in the care of a dangerous wild
animal or animals specified in division (C)(20) of section
935.01 of the Revised Code
possessed by the applicant if the care is provided under the direction of the
applicant.
(5)
The applicant has signed an affidavit attesting that
the facility at which a dangerous wild animal or dangerous wild animals will be
maintained under the permit and the conditions in which each dangerous wild
animal will be kept in that facility are in compliance with this chapter and
rules.
(6)
The applicant has submitted a complete application
that meets the requirements established in section
935.101 of the Revised Code and
this rule.
(7)
The applicant has submitted the applicable fee under
section 935.101 of the Revised
Code.
If a permit is issued, the director
shall assign a unique identification number to the permit.
(C)
Not later than the first day of December of each year,
a permit holder shall apply to the director, on a form prescribed and provided
by the director, for a renewal of the permit if the permit holder intends to
retain possession of the dangerous wild animal or animals that are identified
in the permit.
(D)
Not later than thirty days after receipt of an
application for renewal, the director shall renew or deny the renewal of the
permit. The director shall renew the permit if the permit holder complies with
this chapter and rules and pays a renewal fee in the same amount as the fee
established for the initial permit in section
935.101 of the Revised
Code.
(E)
If a renewal permit is denied, two hundred fifty
dollars of the renewal fee shall be retained by the director as payment for the
reasonable expense of processing the application, and the remainder of the
renewal fee shall be returned to the applicant.
(F)
If the director
denies an application for a permit or a renewal of a permit, the director shall
notify the person of the denial, the grounds for the denial, and the person's
right to an adjudication under Chapter 119. of the Revised
Code.
(G)
If a person does not appeal the determination of the
director to deny an application for a permit or a renewal of a permit or if the
determination of the director is affirmed under Chapter 119. of the Revised
Code, not later than thirty days after the decision not to appeal or after the
determination is affirmed, as applicable, the person shall transfer the
dangerous wild animal or animals that the person possesses to a humane society,
wildlife sanctuary, rescue facility, facility that is an accredited member of
either the association of zoos and aquariums or the zoological association of
America, or facility that is located in another state and that complies with
that state's applicable laws. After the transfer has occurred, the person shall
submit proof to the director that the dangerous wild animal or animals were
transferred and shall specify the society, sanctuary, or facility to which the
animal or animals were transferred.
The person is responsible for all costs
associated with the transfer of the dangerous wild animal or
animals.
(H)
If a person that has been issued a rescue facility
permit under section 935.101 of the Revised Code
dies, the person's next of kin shall do one of the following:
(1)
If the next of
kin wishes to possess the dangerous wild animal or animals, obtain a rescue
facility permit under section
935.101 of the Revised Code.
That next of kin shall comply with this chapter and rules, except that, with
respect to the next of kin's initial permit, the person need not pay the
applicable permit application fee.
(2)
If the deceased
person has a last will and testament that specifies that the dangerous wild
animal or animals possessed by the person are to be transferred to another
person that has been issued a wildlife shelter permit, wildlife propagation
permit, or rescue facility permit issued under this chapter, transfer the
dangerous wild animal or animals to the applicable permit
holder;
(3)
Transfer the dangerous wild animal or animals that
were possessed by the deceased person in accordance with paragraph (G) of this
rule.
(I)
All fees collected under this section shall be
credited to the dangerous and restricted animal fund created in section
935.25 of the Revised
Code.
Effective:
7/18/2013
R.C. 119.032 review dates:
07/18/2018
Promulgated
Under: 119.03
Statutory Authority: 935.17
Rule Amplifies:
935.101, 935.17
