State Codes and Statutes

Statutes > Nebraska > Chapter54 > 54-628_01

54-628.01. Department; stop-movement order;issuance; contents; hearing; department; powers; costs; reinspection; hearing.(1) The departmentmay issue a stop-movement order if the department has reasonable cause tobelieve that there exists noncompliance with the Commercial Dog and Cat OperatorInspection Act or any rule or regulation adopted and promulgated pursuantto the act, including, but not limited to, reasonable cause to believe unreasonablesanitation or housing conditions exist.(2) Such stop-movementorder may require the violator to maintain the dogs or cats subject to theorder at the existing location or other department-approved premises untilsuch time as the department has issued a written release from the stop-movementorder. The stop-movement order shall clearly advise the violator that he orshe may request in writing an immediate hearing before the director withintwo business days after receiving the order. The order issued pursuant tothis section shall be final unless modified or rescinded by the director pursuantto section 54-632 at a hearing requested under this subsection.(3) Pursuantto the stop-movement order, the department shall have the authority to enterthe premises to inspect and determine if the dogs or cats subject to the orderor the facilities used to house or transport such dogs or cats are kept andmaintained in compliance with the requirements of the act and the rules andregulations adopted and promulgated pursuant to the act. The department shallnot be liable for any costs incurred by the violator or any personnel of theviolator due to such departmental action or in enforcing the stop-movementorder. The department shall be reimbursed by the violator for the actual costsincurred by the department in issuing and enforcing any stop-movement order.(4) A stop-movementorder shall include:(a) A description of the nature of the violation;(b) The actionnecessary to bring the violator into compliance with the act and the rulesand regulations adopted and promulgated pursuant to the act; and(c) The name,address, and telephone number of the violator who owns or houses the dogsor cats subject to the order.(5) Before receipt of a written release,the person to whom the stop-movement order was issued shall:(a) Providethe department with an inventory of all dogs or cats on the premises at thetime of the issuance of the order;(b) Provide the department with the identificationtag number, the tattoo number, the microchip number, or any other approvedmethod of identification for each individual dog or cat;(c) Notifythe department within forty-eight hours of the death or euthanasia of anydog or cat subject to the order. Such notification shall include the dog'sor cat's individual identification tag number, tattoo number, microchip number,or other approved identification;(d) Notify the department within forty-eighthours of any dog or cat giving birth after the issuance of the order, includingthe size of the litter; and(e) Maintain on the premises any dog orcat subject to the order, except that a dog or cat under one year of age undercontract to an individual prior to the issuance of the order may be deliveredto the individual pursuant to the contractual obligation. The violator shallprovide to the department information identifying the dog or cat and the name,address, and telephone number of the individual purchasing the dog or cat.The department may contact the purchaser to ascertain the date of the purchaseagreement to ensure that the dog or cat was sold prior to the stop-movementorder and to determine that he or she did purchase such dog or cat. No additionaldogs or cats shall be transferred onto the premises without written approvalof the department.(6) The department shall reinspect the premises to determine compliancewithin ten business days after the initial inspection that resulted in thestop-movement order. At the time of reinspection pursuant to this subsection,if noncompliant conditions continue to exist, further reinspections shallbe at the discretion of the department. The violator may request an immediatehearing with the director pursuant to any findings under this subsection. SourceLaws 2009, LB241, § 6.