Okla. Admin. Code § 35:55-1-4

Current through Vol. 42, No. 3, October 15, 2024

Section 35:55-1-4 - [Effective until 8/11/2024] License application

(a) The Oklahoma Department of Agriculture, Food, and Forestry shall issue a license to each commercial pet breeder or animal shelter operatorwho:

(1) Meets the requirements of the Commercial Pet Breeders and Animal Shelter LicensingAct ;

(2) Applies to the Department on the form prescribed by the Department; and

(3) Pays the required fee.

(b) A commercial pet breeder or animal shelter operatorshall obtain a separate license for each facility where breeding or shelteranimals are kept. A separate license shall be issued for each facility of the commercial pet breeder or animal shelter operator, whether or not the facilityhas the requisite number ofanimals at each facility.

(c) If a single facility is shared by more than one person, each person shall be required to become individually licensed if the requisite number of animalsare housed at the facility, unless all animals are combined on a single license.

(d) An applicant applying for a license shall submit a completed license application signed under oath containing the following information:

(1) Name, mailing address, telephone number, and email address, if any, of the applicant;

(2) Name, if different, physical address and telephone number of the facility, including driving directions from the nearest municipality ;

(3) Name, address, telephone number, and email address, if any, of the operator of the facility, if different from the owner;

(4) If the applicant is an entity, association, trust, or corporation, the name and address of each member with an ownership of ten percent (10%) or more in the facility;

(5) If the applicant is an entity, the name, address, telephone number, and email address, if any, of the Oklahoma registered agent;

(6) The sales tax identification number of the commercial pet breeder, unless the commercial pet breeder only sells animals wholesale or the tax exempt identification number of the animal shelter;

(7) A list of the date, subject matter, and court or government entity for any individual required to be disclosed by this section for each of the following:

(A) Has ever been convicted of, or entered a plea of guilty or no contest, to any felony, or any crime involving animal cruelty, abuse, or neglect;

(B) Has ever received any adverse ruling from any court of competent jurisdiction or any administrative tribunal involving honesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence, or incompetence in a matter related to commercial pet breeding, or cruelty to animals;

(C) Has ever had an application for a license, registration, certificate, or endorsement related to pet breeding or animal care denied or rejected by any state or federal licensing authority in Oklahoma or another state;

(D) Whether any commercial pet breeder licensing board, kennel regulation board , animal shelter licensing authority, or similar agency or organization has ever revoked or suspended a license, registration, certificate, or endorsement;

(E) Has ever surrendered a license, registration, certificate, or endorsement to the Board or any state or federal commercial pet breeder or kennel licensing authority or animal shelter licensing authority, whether located in Oklahoma or elsewhere;

(8) Affidavit of Lawful Presence in the United States of America, as provided under 56 O.S. § 71;

(9) A notarized statement swearing that the information submitted on the application is true and correct;

(10) State the total number of animals owned by the commercial pet breeder on the date of application and identify how many of the animals are intact female animals, males, and juveniles or state the capacity of the animal shelter;

(11) The date of commencement of operations at that location; and

(12) Any other relevant information required by the Board.

(e) If an applicant submits an incomplete application or the Department requests additional information, the Department shall notify the applicant that the application is incomplete and identify the information on the application that is incomplete or needs additional information. The applicant may submit additional information within twenty (20) working days to supplement and complete the application. If the applicant does not respond to the request for additional information in a timely manner, the application shall be denied.

(f) An application may be withdrawn from consideration by the applicant at any time.

(g) Any commercial pet breeder or animal shelter operatorwhose application is denied due to failure to submit information in a timely manner or who withdrew the application may submit a new application and appropriate fees.

Okla. Admin. Code § 35:55-1-4

Added at 29 Ok Reg 1747, eff 6-21-12 (emergency); Added at 30 Ok Reg 829, eff 7-1-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014