A. If an estray that is not an equine is not claimed within five days after publication of notice, it may be sold by the board through an inspector in such manner as the board may direct. The inspector making the sale shall give a bill of sale to the purchaser from the board, signed by the inspector. The bill of sale shall be legal evidence of the ownership of the livestock by the purchaser and shall be a legal title to the livestock. Where the director determines that it is impractical to publish notice, the estray may be sold immediately without notice. In such case, the board shall publish notice of the proceeds from the sale of the estray in the same manner and for the same length of time as provided for the notice of the sale and shall hold and distribute the proceeds from the sale in the same manner as if the sale were made after notice.

B. If the estray is an equine and the equine is not claimed within five days after publication of notice:

(1)     the board shall give a registered equine rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee;

(2)     the ownership transfer fee shall be equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded;

(3)     the board shall provide a bill of sale to the registered equine rescue or retirement facility that purchases the equine;

(4)     the bill of sale shall be legal evidence of the ownership of the equine by the registered equine rescue or retirement facility and shall be legal title to the equine;

(5)     if a registered equine rescue or retirement facility is unable or unwilling to purchase the equine, the board shall auction the equine through a sealed-bid process administered by the board and established in rule; and

(6)     if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian.