| (1) |
Terms Used In Utah Code 4-31-115
| (a) |
The department shall investigate and may quarantine a reported case of contagious or infectious disease, or any epidemic or poisoning, affecting a domestic animal or an animal that the department believes may jeopardize the health of animals within the state. |
| (b) |
The department shall make a prompt and thorough examination of the circumstances surrounding the disease, epidemic, or poisoning and may order quarantine, care, or any necessary remedies. |
| (c) |
The department may also order immunization or testing and sanitary measures to prevent the spread of disease. |
| (d) |
An investigation involving fish or wildlife shall be conducted under a cooperative agreement with the Division of Wildlife Resources. |
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| (2) |
| (a) |
If the owner or person in possession of an animal with a contagious or infectious disease, epidemic, or poisoning, after written notice from the department, fails to take the action ordered, the commissioner may seize and hold the animal and take action necessary to prevent the spread of disease, including immunization, testing, dipping, or spraying. |
| (b) |
An animal seized for testing or treatment under this section may be sold by the commissioner at public sale to reimburse the department for the costs incurred in the seizure, testing, treatment, maintenance, and sale of the animal unless the owner, before the sale, tenders payment for the costs incurred by the department. |
| (c) |
| (i) |
The commissioner may not sell a seized animal until the owner or person in possession of the animal is served with a notice specifying the itemized costs incurred by the department, the time, place, and purpose of sale, and the number of animals to be sold. |
| (ii) |
The notice shall be served at least three days in advance of sale in the manner:
| (A) |
prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure; or |
| (B) |
if the owner cannot be found after due diligence, prescribed for service by publication in Rule 4(d)(4), Utah Rules of Civil Procedure. |
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| (3) |
| (a) |
Any amount realized from the sale of the animal over the total charges shall be paid to the owner of the animal if the owner is known or can by reasonable diligence be found. |
| (b) |
If the owner is unknown and cannot be found by reasonable diligence, as described in Subsection (3)(a), the excess shall remain in the General Fund. |
| (c) |
If the total cost incurred is greater than the amount realized, the owner shall pay the difference. |
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Amended by Chapter 295, 2021 General Session
