| (1) A herd may add animals from herds with the same
or a higher herd status in the program with no negative impact on
the certification status of the receiving herd.
(2) If animals are acquired from a herd with a lower
herd status, the receiving herd reverts to the program status of the
source herd. Following the addition, the herd will be held at that
lower status for at least 12 months. After 12 months have elapsed
since the addition, the herd may advance status at the next anniversary
of the enrollment date.
(3) If an enrolled herd adds animals from a nonparticipating
herd, the receiving herd reverts to first year status. Following the
addition, the herd will be held at first year status for at least
12 months. After 12 months have elapsed since the addition, the herd
may advance status at the next anniversary of the enrollment date.
(4) If any animals in the herd are commingled with
animals from native ingress or from a nonparticipating herd, the herd
will revert to first year status. If any animals in the herd are commingled
with an animal from a herd with a lower program status, the herd with
the higher program status will be reduced to the status of the herd
with which its animals commingled. After 12 months have elapsed since
the addition, the herd may advance status at the next anniversary
of the enrollment date.
(f) Detection of CWD in an enrolled herd.
(1) If a herd is designated as a CWD-positive herd
or a CWD-exposed herd, its program enrollment will be revoked and
the herd may only reenroll after entering into a herd plan and meeting
the requirements of the herd plan.
(2) If a herd is designated a CWD-suspect herd or a
CWD-trace herd, it will immediately be placed in suspended status
pending an epidemiologic investigation by the commission.
(A) If the epidemiologic investigation determines that
the herd was not commingled with a CWD-positive animal, the herd will
be reinstated to its former program status, and the time spent in
suspended status will count toward its promotion to the next herd
status level.
(B) If the epidemiologic investigation determines that
the herd was commingled with a CWD-positive animal, its program enrollment
will be revoked and it will be designated a CWD-exposed herd.
(g) Actions affecting enrollment.
(1) If a herd owner does not comply with the requirements
of this chapter, after notice is given, a commission representative
may lower herd status, suspend enrollment, or revoke program enrollment.
(2) Protest of an action affecting enrollment.
(A) The herd owner may protest an action affecting
enrollment by writing to the executive director within 15 days after
receipt of notice of the action. The owner must include all of the
facts and supportive evidence which the herd owner relies upon to
show that the reasons for the action were incorrect.
(B) The herd owner may request a meeting with the executive
director. The request for a meeting must be in writing and accompany
the protest. If needed, the meeting will be set by a commission representative
no later than 21 days from the receipt of the request. The meeting
will be held in Austin.
(C) The executive director shall render a written decision
regarding the action within 30 days after receipt of the protest of
the action or 30 days after the meeting with the herd owner, whichever
is later. The executive director may affirm, rescind, or modify the
action.
(3) Appeal of the executive director's decision.
(A) To appeal the decision of the executive director,
the herd owner must file a notice of appeal within 15 days of the
decision in writing with the executive director at the commission’s
office in Austin. The notice of appeal must specifically state the
issues for consideration on appeal.
(B) A subsequent hearing on the specific issues appealed
will be held in Austin, pursuant to the Administrative Procedure Act,
Texas Government Code, Chapter 2001, the rules for the State Office
of Administrative Hearings, and Chapter 32 of this title (relating
to Hearing and Appeal Procedures).
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