Section 0080-02-15-.09 - VIOLATIONS(1) Requirements of Licensees. (a) In addition to other requirements of this chapter, licensees shall:1. Comply with current standards set forth under 9 C.F.R. Part 3, Subpart A - Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats, including performance of proper sanitation measures for the control of animal disease, and provision of adequate yarding, housing, holding, exercise, care, and feeding of dogs and cats;2. Conduct dealer operations only within a permanent structure or building at a location licensed by the department;3. Maintain areas where dogs or cats are housed so as to be readily accessible for inspection;4. Maintain records required under this chapter so as to be readily available for inspection;5. Comply with any order issued by the department for the prevention of animal disease or humane treatment of dogs or cats; and,6. Give full information as to the source of dogs or cats currently or previously held for commercial or research purposes.(b) In addition to other requirements of this chapter, licensees shall not: 1. Sell, offer for sale, or move a dog or cat obtained without the consent of its owner;2. Be convicted of an animal cruelty offense under any state or federal law;3. Employ a person convicted of an animal cruelty offense under any state or federal law;4. Provide false or misleading information or records to the department;5. Interfere with an authorized representative of the department in the performance of his duties; or,6. Sell, offer for sale, or move any diseased dog or cat for commercial or research purposes without written authorization from the department.(2) A person is responsible for violation of the Act or this chapter when committed by either the person or his agent.(3) Each violation of the Act, this chapter, or departmental order issued under this chapter is grounds for issuance of stop movement orders, denial or revocation of any license issued by the department; actions for injunction; confiscation of animals; and imposition of civil penalties or criminal charges against the violator.(4) When the department has reason to believe that violation of the Act, this chapter, or departmental order unreasonably threatens the health or well-being of a dog or cat, upon notice to the animal's owner that is substantially consistent with T.C.A. § 39-14-210, the department may designate its authority to confiscate and care for the animal to any society for prevention of cruelty to animals or law enforcement official.(5) The department may refer to law enforcement officials for animal cruelty investigation any person who unreasonably fails to provide appropriate care for dogs or cats in his possession.Tenn. Comp. R. & Regs. 0080-02-15-.09
Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective 9/8/2019.Authority: T.C.A. §§ 4-3-203 and 44-17-118.