Okla. Admin. Code § 532:10-3-6

Current through Vol. 42, No. 8, January 2, 2025

Section 532:10-3-6 - Inspections and consideration of inspection report

(a)Conduct of inspection. Except as specifically stated in these Rules, the Board shall not issue a license unless the specific business location to be licensed has been inspected as set forth in these Rules and determined to be in compliance with the Act and these Rules. The inspection shall be conducted by a Board member who is a licensed veterinarian or an inspecting agent authorized by the Board to conduct inspections. The inspecting agent shall conduct the inspection during the normal business hours of the commercial pet breeder and in a manner that does not unreasonably disturb the business activities of the applicant.

(b)Inspection report. The inspecting agent shall prepare a report of the inspecting agent's observations within 10 days of the inspection, which report shall include an itemized list of violations, if any, and may include recommendations for improvement. The inspecting agent shall transmit a copy of the inspection report to the Application Evaluator. The Application Evaluator shall transmit a copy of the inspection report to the applicant, with a notice that the applicant shall have 10 calendar days from the date of mailing to respond to the report, in writing, by phone, or by electronic e-mail, if the applicant desires.

(c)Consideration of report and approval. The Application Evaluator shall consider the inspection report and the response received from the applicant, if any, and determine whether a license may be issued to the applicant. If an Application Evaluator other than the Executive Director determines that the applicant is in compliance with the Act and these Rules, the Application Evaluator will recommend to the Executive Director that he or she approve the Application. The Executive Director will make the ultimate decision whether to approve the application and issue a license or reject the application. If the Executive Director deems it prudent, the Executive Director may request that the Chair review an application and investigation report and recommend whether a license should be granted or denied. If the Executive Director approves the Application, the Executive Director will issue a license certificate to the commercial pet breeder. If the Executive Director does not approve the application, the Application Evaluator will follow the procedure in subsection d.

(d)Deficiencies, re-inspection. If the Application Evaluator determines that the applicant is not in compliance with the Act or these Rules, the Application Evaluator will send notice to the applicant indicating that the applicant is not in compliance with the Act and these Rules, listing every violation. The Application Evaluator shall send the notice even if the inspecting agent issued a citation to the commercial pet breeder listing all violations. The applicant shall have 45 days to correct the violations. Upon receipt of notice from the applicant that the violations have been corrected, the Application Evaluator may require a re-inspection, or if the Application Evaluator is satisfied that the violations have been corrected, the Application Evaluator may recommend approval of the application without re-inspection. If the Application Evaluator requires a re-inspection, the applicant shall pay the re-inspection fee. The inspector shall re-inspect the facility and issue a re-inspection report within 10 days of the re-inspection. The report shall detail whether the applicant has rectified each violation described in the initial inspection report. The inspector will transmit a copy of the re-inspection report to the Application Evaluator. The Application Evaluator will transmit a copy of the re-inspection report to the applicant, with a notice that the applicant shall have 10 days to respond to the re-inspection report, in writing, if the applicant desires. The Application Evaluator shall consider the re-inspection report and any response submitted by the applicant, if any, and shall recommend approval or rejection of the application, which will be reviewed by the Executive Director. Approvals will be conducted as provided in subsection c. If the Executive Director determines that the application should be rejected, the application will be rejected. If violations noted in the initial inspection report have not been corrected at the time of re-inspection, the application shall be denied and the Application Evaluator shall send to the applicant a notice of rejection. The notice of rejection shall list each outstanding violation and shall state that the commercial pet breeder is required to cease all operations immediately.

(e)Review and re-application after rejection. An applicant whose application is rejected may request review by the Board by submitting a request in writing to the Board within 20 days of the date of the notice of rejection. The Board's determination will be the final action of the Board. An applicant whose application is rejected may not re-apply for a license for a period of 6 months. In order to re-apply, the applicant must submit a new application packet, application fee, and inspection fee.

Okla. Admin. Code § 532:10-3-6

Added at 28 Ok Reg 2297, eff 7-25-11