Nebraska Statutes 54-2953. Violation of Animal Health and Disease Control Act or Exotic Animal Auction or Exchange Venue Act; cease and desist order; administrative fine; injunctions; procedures
(1) Whenever the director has reason to believe that any person has violated the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, any rule or regulation adopted and promulgated under such acts, or any order of the director, the director may issue a cease and desist order. Proceedings initiated pursuant to this section shall not preclude the department from pursuing other administrative, civil, or criminal sanctions according to law.
Terms Used In Nebraska Statutes 54-2953
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Animal: means all vertebrate members of the animal kingdom except humans or wild animals at large. See Nebraska Statutes 54-2906
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Department: means the Department of Agriculture. See Nebraska Statutes 54-2912
- Director: means the Director of Agriculture or his or her designee. See Nebraska Statutes 54-2913
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Livestock: means cattle, swine, sheep, horses, mules, donkeys, goats, domesticated cervine animals, ratite birds, poultry, llamas, and alpacas. See Nebraska Statutes 54-2921
- Person: means any individual, governmental entity, corporation, society, firm, association, partnership, limited liability company, joint-stock company, association, or any other corporate body or legal entity. See Nebraska Statutes 54-2925
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
- Venue: The geographical location in which a case is tried.
- Violate: shall include failure to comply with. See Nebraska Statutes 49-801
(2) Any notice or order issued pursuant to the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, or any rule or regulation adopted and promulgated under such acts shall be properly served when it is personally served on the alleged violator or when it is sent by certified or regular United States mail to the last-known address of the alleged violator.
(3) A notice of the right to a hearing shall include notice that such right to a hearing may be waived by the alleged violator.
(4) All hearings shall be conducted by the director at the time and place he or she designates. The director shall make findings of fact and conclusions of law based on the complete hearing record and issue an order.
(5) Any person aggrieved by the findings and conclusions of the director shall have ten days after the entry of the director’s order to request a new hearing if such person can show that a mistake of fact has been made which affected the director’s determination. Any order of the director becomes final upon the expiration of ten days after its entry if no request for a new hearing is made.
(6) When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, any rule or regulation adopted and promulgated under such acts, or any order of the director, the engagement in such conduct shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such person in any action which arises under this section.
(7) The department may assess an administrative fine of up to five thousand dollars for any violation of the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, any rule or regulation adopted and promulgated under such acts, or any order of the director. Each violation shall constitute a separate offense. Whenever a violation has occurred, the following shall be considered when determining the amount of any administrative fine:
(a) The culpability and good faith of the violator and any past violations;
(b) The seriousness of the violation, including the amount of any actual or potential risk to the health of Nebraska’s livestock or livestock industry; and
(c) The extent to which the violator derived financial gain as a result of committing or permitting the violation, including a determination of the size of the violator’s business and the impact of the administrative fine on such business.
(8) The director shall advise the Attorney General of the failure of any person to pay an administrative fine imposed under this section. The Attorney General shall bring an action in the district court of Lancaster County to recover the fine.
(9) The department may apply for a temporary restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, or any rules and regulations adopted and promulgated under either act. It shall be the duty of the Attorney General or the county attorney of the county in which the violation occurred or is about to occur, when notified by the director of such violation, to pursue appropriate proceedings without delay pursuant to this section.
(10) Nothing in this section shall be construed to require the director to report all acts for prosecution if in the opinion of the director the public interest will best be served through other administrative or civil procedures.
(11) All money collected by the department pursuant to this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.