16 Del. Admin. Code § 4501-15.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4501-15.0 - Inspections and Complaints of Animal Shelters15.1 Inspections of animal shelters shall be conducted in accordance with 16 Del.C. § 3008F. 15.1.1 Unannounced inspections will be performed at least annually. Additional inspections may be conducted to follow up on previous violations, in response to complaints, or as the Department deems necessary to ensure the health and well-being of the animals.15.1.2 The Department or its duly authorized representative or representatives shall have the power to enter at all reasonable times, during ordinary business hours, for the purpose of determining whether there is compliance with or violations of 16 Del.C. Ch. 30F. If violations outside the scope of authority of the Department are discovered, the Department will notify the proper authorities.15.1.3 The Department has the right to inspect all records pertaining to the animals that are the subject of these regulations and will be given access to view and copy such records.15.1.4 All inspection findings will be documented in writing and a copy provided to the animal shelter within 30 days. Once provided to the animal shelter, findings will also be posted on the Department web site.15.2 Complaints: The Department shall investigate upon receipt of a written complaint of alleged violations of Title 16 Delaware Code. 15.2.1 All complaints shall be reviewed and complaints concerning violations of this chapter will be investigated by the Department or its designee.15.2.2 The Department shall notify the animal shelter of the complaint within 30 days of receipt of said complaint. Based on nature of complaint, the Department may request assistance from the appropriate law enforcement agency having jurisdiction over the shelter.15.2.3 The Department shall issue a final written report of violations to the animal shelter. The final report will also be posted to the Department web site at the conclusion of the proceedings and after the animal shelter is notified.15.3 The Department shall have the power to issue orders to correct deficiencies and to impose penalties pursuant to 16 Del.C. § 107(a). 15.3.1 Notice of a violation shall be accompanied by an order that requires corrective action be taken. Violations must be corrected within the timeframe established by the Department. The order shall be signed by the Director or the Director's designee or any of the Director's appointed representatives and may require: 15.3.1.1 In instances where the health and welfare of animals is in imminent danger, the closure of the facility until correction of the violation is proven.15.3.1.2 The acquisition or use of additional equipment, supplies, training, or personnel to ensure that the violation does not recur.15.3.1.3 The submission of a plan to prevent future violations to the Department for review and approval.15.3.1.4 Any other corrective action deemed necessary for proper compliance with this regulation including interim remedies pending correction of violations.15.4 Hearing Request: An animal shelter may request a hearing if they wish to contest the findings of the investigation.15.4.1 The request shall be made in writing to the Department within 30 days after publication of the findings. Within 30 days of receipt of the request for public hearing, the Department shall set a time and place to conduct a hearing on the complaint.15.4.2 Notice of the hearing shall be provided and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, and the Freedom of Information Act, Chapter 100 of Title 29.16 Del. Admin. Code § 4501-15.0
18 DE Reg. 866(5/1/2015)
27 DE Reg. 530( 1/1/2024) (Final)