Section 23-18-014 - Assessment of Administrative FinesThe Department may impose an administrative fine pursuant to § 54-633(3) and this section.
014.01 In addition to the definitions set forth in 23 NAC 18-003, the following shall apply to 23 NAC 18-014:014.01A LEVEL OF VIOLATION shall mean the alleged violation is a first or subsequent violation.014.01B FIRST VIOLATION shall mean the alleged violator has not been found by an order of the Director or any court, or by the violator's own admission in a settlement agreement, to have committed a violation of the Act or these regulations in the three years immediately preceding the date of the alleged violation.014.01C SUBSEQUENT VIOLATION shall mean the alleged violator has committed the same violation of the Act or these regulations one or more times within the three years immediately preceding the date of committing the current alleged violation as determined by an order of the Director or any court, or the alleged violator has entered into a settlement agreement admitting to the facts establishing the previous violation.014.01D BASE FINE shall mean the amount of the administrative fine set by regulation for a particular violation of the Act or these regulations prior to any adjustments for gravity or size of the operation.014.02 When it is determined that an administrative fine is an appropriate penalty for a violation of the Act or these regulations, the actual amount of such administrative fine shall be calculated by determining the base fine and making the necessary adjustments for gravity and the size of business as set forth in this section. An alleged violator shall be subject to the assessment of a fine for each violation, but may not be fined for lesser included violations arising out of the same act, if the alleged violator has been fined for the greater violation. The Department may, however, issue any fine at the statutory maximum for any egregious violation. The base fines established for the specific violations are as follows: 014.02A Failing to provide a dog or cat with necessary food or water. 014.02A(1) Base fine for a first violation is $2,500.014.02A(2) Base fine for a subsequent violation is $5,000. 014.02B Threatening a dog's or cat's health or safety by egregiously failing to maintain sanitary premises, pens, enclosures, or structures. Such violations may include: (i) filthy premises containing an accumulation of feces, urine, or both, from which the dog or cat cannot extricate itself such that the premises would be rated as filthy or very unsanitary on the Tufts Environmental Health Scale; (ii) overwhelming odor creating poor air quality which makes breathing difficult for the dogs and cats due to insufficient ventilation, insufficient cleaning of animal waste, or both; (iii) large amounts of litter, food waste, trash, junk, or weeds are present, which inhibits comfortable rest, normal postures or movement, or poses an immediate danger to dogs and cats; (iv) dogs and cats having no means to escape contact with feces, urine, mud, or standing water; (v) animals provided with contaminated food, drinking water, or both; (vi) dogs and cats being handled in a manner that causes a significant threat to health or safety, or (vii) exposes the dogs or cats to sharp, jagged objects in or on parts of the primary enclosures; or (viii) excessive rust that prevents the required cleaning and sanitation, or which affects the structural strength of the surfaceor (ix) infestation of insects, parasites, or rodents. 014.02B(1) Base fine for a first violation is $2,500.014.02B(2) Base fine for a subsequent violation is $5,000.014.02C Failing to provide shelter or protection from extreme temperatures or humidity and weather conditions suitable for the age, species, breed or type, and physical condition of the animal so as to provide for the dog's and cat's health or safety. Such violations may include dogs and cats which are subjected to temperature extremes resulting in hypothermia, hyperthermia, or any condition related thereto. 014.02C(1) Base fine for a first violation is $2,500.014.02C(2) Base fine for a subsequent violation is $5,000.014.02D Failing to provide dogs and cats with adequate space required for the species or breed whereby such animal has no room to stand, sit, lie down in a comfortable, normal position, or turn about freely, and to walk in a normal manner. 014.02D(1) Base fine for a first violation is $2,500.014.02D(2) Base fine for a subsequent violation is $5,000.014.02E Failing to maintain a dog in a healthy condition as an indicator of the overall health or safety of such dog. For example, a matted dog with significant underlying lesions, other health impairments, or both, resulting from the mats, is a failure to maintain a dog in a healthy condition. 014.02E(1) Base fine for a first violation is $2,500.014.02E(2) Base fine for a subsequent violation is $5,000. 014.02F Failing to provide veterinary care for a dog or cat when such veterinary care appears to be necessary, and is later determined by a veterinarian that such care was necessary for the health or safety of such dog or cat. 014.02F(1) Base fine for a first violation is $2,500.014.02F(2) Base fine for a subsequent violation is $5,000.014.02G Violating 54-628(4) or otherwise refusing to allow the Department to enter the premises during normal business hours for the purposes of inspection under the Act and these regulations, or otherwise denying access to any officer, agent, employee, or appointee of the Department. 014.02G(1) Base fine for a first violation is $2,500.014.02G(2) Base fine for a subsequent violation is $5,000. 014.02H Interfering with the Department in the performance of its duties. Such interference includes offering any resistance to, thwarting, or hindering any officer, agent, employee, or appointee of the Department and any misrepresentation or concealment, or hiding dogs or cats or failing to disclose all locations housing dogs or cats by the alleged violator. 014.02H(1) Base fine for a first violation is $2,500.014.02H(2) Base fine for a subsequent violation is $5,000. 014.02I Failing to comply with an order of the Director.014.02I(1) Base fine for a first violation is $2,500.014.02I(2) Base fine for a subsequent violation is $5,000. 014.02J Using any license issued by the Department while the license is under suspension; or, for purposes other than those authorized by the Act. 014.02J(1) Base fine for a first violation is $2,500.014.02J(2) Base fine for a subsequent violation is $5,000. 014.02K Failing to make available to the Department, for purposes of inspection or to copy, all records, papers, and other information necessary for the enforcement of the Act and these regulations, or both. 014.02K(1) Base fine for a first violation is $2,500.014.02K(2) Base fine for a subsequent violation is $5,000. 014.02L For commercial dog breeders: (1) failing to have euthanasia performed by a licensed veterinarian;(2) failing to have surgical births or other surgical procedures performed by a licensed veterinarian using anesthesia; or(3) failing to contact a licensed veterinarian without delay after an occurrence of a serious or life-threatening injury or medical condition of a dog under such dog breeder's care, supervision or control. 014.02L(1) Base fine for a first violation is $2,500.014.02L(2) Base fine for a subsequent violation is $5,000. 014.02M Failing to comply with the wellness examination for each breeding dog at least once every three years, including a basic physical and dental examination. 014.02M(1) Base fine for a first violation is $2,500.014.02M(2) Base fine for a subsequent violation is $5,000. 014.02N Failing to accept delivery of registered mail or certified mail after being verified by the United States Postal Service as not being picked up by the licensee or his or her representative. 014.02N(1) Base fine for a first violation is $1,500.014.02N(2) Base fine for a subsequent violation is $3,000. 014.02O Impairing a dog's or cat's health or safety by failing to maintain sanitary premises, pens, enclosures or structures. Such violations may include, but shall not be limited to: (i) an accumulation of waste matter making it difficult for a dog or cat to avoid such that the premises would be rated as unsanitary on the Tufts Environmental Health Scale; (ii) moderate amounts of litter, food waste, trash, junk or weeds are present which may inhibit comfortable rest, normal movement, or both; (iii) potential injury to a dog or cat from sharp edges or glass; or (iv) standing water or mud making it difficult for a dog or cat to avoid. 014.02O(1) Base fine for a first violation is $1,500.014.02O(2) Base fine for a subsequent violation is $3,000. 014.02P Failing to inform the Department of any convictions of any violation of any local ordinance, county resolution, state or federal law on the disposition or treatment of dogs or cats. 014.02P(1) Base fine for a first violation is $1,500.014.02P(2) Base fine for a subsequent violation is $3,000. 014.02Q Failing to comply with any provisions of the Act and these regulations which may impair the health or safety of a dog or cat including, but not limited to, failing to effectively control insects or external parasites affecting dogs or cats. 014.02Q(1) Base fine for a first violation is $1,500.014.02Q(2) Base fine for a subsequent violation is $3,000. 014.02R Failing to notify the Department of any change in the name, address, management, control or ownership of the business or operation, or of additional sites. 014.02R(1) Base fine for a first violation is $1,500.014.02R(2) Base fine for a subsequent violation is $3,000. 014.02S Failing to keep all records required by the Department. 014.02S(1) Base fine for a first violation is $1,500.014.02S(2) Base fine for a subsequent violation is $3,000. 014.02T Failing to maintain a written veterinary care plan or a written emergency veterinary care plan. 014.02T(1) Base fine for a first violation is $500.014.02T(2) Base fine for a subsequent violation is $1,000. 014.02U Failing to develop, maintain or follow the exercise plan for dogs. 014.02U(1) Base fine for a first violation is $500.014.02U(2) Base fine for a subsequent violation is $1,000. 014.02V Failing to maintain sanitary premises such that the premises would be rated as marginal on the Tufts Environmental Health Scale, or otherwise failing to maintain premises, structures, enclosures or pens in accordance with the standards set forth in the Act, these regulations and 9C.F.R. § 53.1 to 3.19. 014.02V(1) Base fine for a first violation is $500.014.02V(2) Base fine for a subsequent violation is $1,000. 014.02W Failing to pay any required fees under the Act and these regulations. A check with insufficient funds will be deemed nonpayment of fees. 014.02W(1) Base fine for a first violation is $500.014.02W(2) Base fine for a subsequent violation is $1,000. 014.02X Failing to properly identify dogs and cats.014.02X(1) Base fine for a first violation is $500.014.02X(2) Base fine for a subseguent violation is $1,000. 014.02Y Any other violation of the Act, these regulations and 9 C.F.R. 553.1 to 3.19 not otherwise set out in 23 NAC 18-014. 014.02Y(1) Base fine for a first violation is $500. 014.02Y(2) Base fine for a subsequent violation is $1,000.014.03 Gravity adjustment criteria The base administrative fine may be changed by considering the gravity of harm of the violation and the gravity of misconduct of the person committing the violation. The specific numerical value will be assigned to each category as set forth in the following charts:
014.03A Gravity of harm. | Violation | Circumstances | Value |
| Department's Ability to Enforce the Act | Violation significantly interfered with Department's ability to enforce the Act | 5 |
| Violation moderately interfered with Department's ability to enforce the Act | 3 |
| Violation slightly interfered with Department's ability to enforce the Act | 1 |
| Violation did not interfere with Department's ability to enforce the Act | 0 |
| Harm to Dog or Cat Health | Actual life threatening harm to dog or cat health or safety. | 5 |
| Actual serious harm to dog or cat health or safety. | 4 |
| Potential serious harm to dog or cat health or safety. | 3 |
| Minor actual harm to dog or cat health or safety. | 2 |
| Minor potential harm to dog or cat health or safety. | 1 |
| No potential harm to dog or cat health or safety. | 0 |
| Extent of Violations At Operations | Violations at operation so widespread and pervasive the quality of care at the entire operation is affected | 5 |
| Numerous and widespread violations greatly affecting the quality of care at operation | 4 |
| Moderately widespread violations moderately affecting the quality of care at operation | 3 |
| Less widespread violations, slightly affecting the quality of care at the operation | 2 |
| Only a few minor violations, not affecting the quality of care at the operation | 1 |
| No violations at operation | 0 |
014.03B Gravity of misconduct. For the purposes of this subsection prior violation means a violation which was committed within the last three years. | Violation | Circumstances | Value |
| Compliance History | Two or more prior violations, either similar or unrelated to current violation | 3 |
| One prior violation similar to current violation | 2 |
| One prior violation unrelated to current violation | 1 |
| No prior violations | 0 |
| Culpability | Knowing or willful violation. | 5 |
| Violation resulting from faulty, careless, or negligent action | 3 |
| Violation was neither knowing or willful and did not result from faulty, careless, nor negligent action | 0 |
| Remedial Efforts | Violator voluntarily notified the Department of incident or violation | -1 |
| Violator instituted steps to correct the violation immediately after discovery of the violation | -2 |
| Violator notified the Department of incident and took reasonable and timely steps to correct the violation | -3 |
| Financial Gain | Violation has or would have resulted in significant financial gain for violator. | 3 |
| No financial gain to violator as a result of violation | 0 |
014.03C To determine the adjusted fine, the base fine shall be adjusted based on the total number of points calculated from 23 NAC 18-014.03A and 014.03B and multiplying the base fine by the gravity adjustment percentage of base value set forth below. Adjustments for Gravity
| Total Gravity Value | Adjustment |
| 3 or below | 25% of base value |
| 4-6 | 50% of base value |
| 7-10 | 75% of base value |
| 11 or above | 100% of base value |
014.04 To determine the actual administrative fine, the adjusted fine as determined in 23 NAC 18-014.03C shall be multiplied by the appropriate value corresponding with the size of operation criteria set forth below. Size of Operation Criteria
| Number of Dogs or Cats at Operation | Multiplier Value |
| 0 to 5 | 0.2 |
| 6 to 15 | 0.4 |
| 16 to 30 | 0.6 |
| 31 to 50 | 0.8 |
| over 51 | 10 |
014.05 Nothing in these regulations shall prevent the Department from entering into a settlement agreement with any person violating the Act or these regulations which specifies a different fine or other compliance action. 23 Neb. Admin. Code, ch. 18, § 014
Amended effective 2/17/2016.