47-1706.Refusal to issue or renew or suspension or revocation oflicense or permit; grounds; judicial review; seizure and dispositionof animals, when.(a) The commissioner may refuse to issue or renew or may suspend orrevoke any license or permit required underK.S.A.47-1701 et seq., and amendments thereto, for any one or more ofthe following reasons:
(1) Material misstatement in the application for the originallicense or permit, or in the applicationfor anyrenewal of a license or permit;
(2) willful disregard of any provision of the Kansas pet animal act or anyrule andregulation adopted hereunder, or any willful aiding or abetting of anotherin the violation of any provision of the Kansas pet animalact or any rule and regulationadopted hereunder;
(3) permitting any license orpermit issued hereunder to be used by an unlicensed orunpermitted person ortransferred to unlicensed or unpermitted premises;
(4) the conviction of any crime relating to the theft of animals ora first conviction of cruelty to animals;
(5) substantial misrepresentation;
(6) misrepresentation or false promise, made through advertising,salespersons, agents or otherwise, in connection with the operation ofbusiness of the licensee or permittee;
(7) fraudulent bill of sale;
(8) the housing facility or the primary enclosure is inadequate; or
(9) the feeding, watering, sanitizing and housing practices at thelicensee's or permittee's premises are not consistent withtheKansas pet animal act orthe rules and regulations adopted hereunder.
(b) The commissioner shall refuse to issue or renew and shall suspend orrevoke any license or permit required under K.S.A. 47-1701 et seq., andamendments thereto, for the second or subsequent conviction of cruelty toanimals, K.S.A. 21-4310, and amendments thereto.
(c) Any refusal to issue or renew a license or permit, andany suspension orrevocation of a license or permit, underthis sectionshall be in accordancewith the provisions of the Kansas administrative procedure act and shall besubject to review in accordance with the act for judicial review and civilenforcement of agency actions.
(d) Whenever the commissioner denies, suspends or revokes alicense or permitunder thissection, the commissioner or the commissioner's authorized, trainedrepresentatives shall seize and impound any animals in thepossession, custody or care of the person whose license or permit is denied,suspended orrevoked if there are reasonable grounds to believe that the animals'health, safety or welfare is endangered. Except as provided by K.S.A.21-4311, and amendments thereto, such animals may be returned to the personowning them if there is satisfactory evidence that the animals will receiveadequate care by that person or such animals may be sold, placed oreuthanized, atthe discretion of the commissioner.Costs of care and services for such animals whileseized and impounded shall be paid by the person from whom the animals wereseized andimpounded, if that person's license orpermit is denied,suspended or revoked.Such funds shall be paid to the commissioner for reimbursement of care andservices provided during seizure and impoundment. If such person's license orpermit is not denied, suspended or revoked,thecommissioner shall pay the costs of care and services provided during seizureand impoundment.
47-1706.Refusal to issue or renew or suspension or revocation oflicense or permit; grounds; judicial review; seizure and dispositionof animals, when.(a) The commissioner may refuse to issue or renew or may suspend orrevoke any license or permit required underK.S.A.47-1701 et seq., and amendments thereto, for any one or more ofthe following reasons:
(1) Material misstatement in the application for the originallicense or permit, or in the applicationfor anyrenewal of a license or permit;
(2) willful disregard of any provision of the Kansas pet animal act or anyrule andregulation adopted hereunder, or any willful aiding or abetting of anotherin the violation of any provision of the Kansas pet animalact or any rule and regulationadopted hereunder;
(3) permitting any license orpermit issued hereunder to be used by an unlicensed orunpermitted person ortransferred to unlicensed or unpermitted premises;
(4) the conviction of any crime relating to the theft of animals ora first conviction of cruelty to animals;
(5) substantial misrepresentation;
(6) misrepresentation or false promise, made through advertising,salespersons, agents or otherwise, in connection with the operation ofbusiness of the licensee or permittee;
(7) fraudulent bill of sale;
(8) the housing facility or the primary enclosure is inadequate; or
(9) the feeding, watering, sanitizing and housing practices at thelicensee's or permittee's premises are not consistent withtheKansas pet animal act orthe rules and regulations adopted hereunder.
(b) The commissioner shall refuse to issue or renew and shall suspend orrevoke any license or permit required under K.S.A. 47-1701 et seq., andamendments thereto, for the second or subsequent conviction of cruelty toanimals, K.S.A. 21-4310, and amendments thereto.
(c) Any refusal to issue or renew a license or permit, andany suspension orrevocation of a license or permit, underthis sectionshall be in accordancewith the provisions of the Kansas administrative procedure act and shall besubject to review in accordance with the act for judicial review and civilenforcement of agency actions.
(d) Whenever the commissioner denies, suspends or revokes alicense or permitunder thissection, the commissioner or the commissioner's authorized, trainedrepresentatives shall seize and impound any animals in thepossession, custody or care of the person whose license or permit is denied,suspended orrevoked if there are reasonable grounds to believe that the animals'health, safety or welfare is endangered. Except as provided by K.S.A.21-4311, and amendments thereto, such animals may be returned to the personowning them if there is satisfactory evidence that the animals will receiveadequate care by that person or such animals may be sold, placed oreuthanized, atthe discretion of the commissioner.Costs of care and services for such animals whileseized and impounded shall be paid by the person from whom the animals wereseized andimpounded, if that person's license orpermit is denied,suspended or revoked.Such funds shall be paid to the commissioner for reimbursement of care andservices provided during seizure and impoundment. If such person's license orpermit is not denied, suspended or revoked,thecommissioner shall pay the costs of care and services provided during seizureand impoundment.
47-1706.Refusal to issue or renew or suspension or revocation oflicense or permit; grounds; judicial review; seizure and dispositionof animals, when.(a) The commissioner may refuse to issue or renew or may suspend orrevoke any license or permit required underK.S.A.47-1701 et seq., and amendments thereto, for any one or more ofthe following reasons:
(1) Material misstatement in the application for the originallicense or permit, or in the applicationfor anyrenewal of a license or permit;
(2) willful disregard of any provision of the Kansas pet animal act or anyrule andregulation adopted hereunder, or any willful aiding or abetting of anotherin the violation of any provision of the Kansas pet animalact or any rule and regulationadopted hereunder;
(3) permitting any license orpermit issued hereunder to be used by an unlicensed orunpermitted person ortransferred to unlicensed or unpermitted premises;
(4) the conviction of any crime relating to the theft of animals ora first conviction of cruelty to animals;
(5) substantial misrepresentation;
(6) misrepresentation or false promise, made through advertising,salespersons, agents or otherwise, in connection with the operation ofbusiness of the licensee or permittee;
(7) fraudulent bill of sale;
(8) the housing facility or the primary enclosure is inadequate; or
(9) the feeding, watering, sanitizing and housing practices at thelicensee's or permittee's premises are not consistent withtheKansas pet animal act orthe rules and regulations adopted hereunder.
(b) The commissioner shall refuse to issue or renew and shall suspend orrevoke any license or permit required under K.S.A. 47-1701 et seq., andamendments thereto, for the second or subsequent conviction of cruelty toanimals, K.S.A. 21-4310, and amendments thereto.
(c) Any refusal to issue or renew a license or permit, andany suspension orrevocation of a license or permit, underthis sectionshall be in accordancewith the provisions of the Kansas administrative procedure act and shall besubject to review in accordance with the act for judicial review and civilenforcement of agency actions.
(d) Whenever the commissioner denies, suspends or revokes alicense or permitunder thissection, the commissioner or the commissioner's authorized, trainedrepresentatives shall seize and impound any animals in thepossession, custody or care of the person whose license or permit is denied,suspended orrevoked if there are reasonable grounds to believe that the animals'health, safety or welfare is endangered. Except as provided by K.S.A.21-4311, and amendments thereto, such animals may be returned to the personowning them if there is satisfactory evidence that the animals will receiveadequate care by that person or such animals may be sold, placed oreuthanized, atthe discretion of the commissioner.Costs of care and services for such animals whileseized and impounded shall be paid by the person from whom the animals wereseized andimpounded, if that person's license orpermit is denied,suspended or revoked.Such funds shall be paid to the commissioner for reimbursement of care andservices provided during seizure and impoundment. If such person's license orpermit is not denied, suspended or revoked,thecommissioner shall pay the costs of care and services provided during seizureand impoundment.
