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RULE §91.66Responsibilities of Inspectors--Inspections, Investigations, and Reports of Animal Cruelty

(a) Inspections.

  (1) An inspector must conduct inspections during the facility's normal business hours, and the licensed breeder or a representative of the licensed breeder must be given a reasonable opportunity to be present during the inspection.

  (2) If an inspector determines it is not appropriate to provide advance notice to the licensed breeder or a representative of the licensed breeder before arriving at the facility, the inspection report must describe the reasons supporting the determination.

  (3) In conducting an inspection under this section, an inspector may not enter or access any portion of a private residence of a licensed breeder except as necessary to access animals or other property relevant to the care of the animals.

  (4) An inspector may request that relevant documents or records be provided for inspection.

  (5) Inspectors must submit inspection reports to the department not later than the 10th day after the date of the inspection on a form and manners prescribed by the department and provide a copy of the report to the licensed breeder or its representative.

  (6) An inspector may not perform an inspection authorized by §91.52 and §91.53 unless assigned or requested by the department.

  (7) Inspections must be conducted in accordance with:

    (A) the training procedures and protocols approved by the department; or

    (B) if good cause exist to deviate from the established procedures and protocols or if no procedure or protocol exist for the issues presented during the inspection, the inspection report must contain an explanation of the issues presented and procedures followed.

(b) Investigations. On receipt of a complaint alleging a violation of this chapter or a rule adopted under this chapter, the department shall investigate the alleged violation.

(c) Reports of Animal Cruelty. A person conducting an inspection or an investigation under this chapter shall notify the appropriate local law enforcement agency not later than 24 hours after discovering evidence of animal cruelty or neglect during the inspection or investigation.

Source Note: The provisions of this §91.66 adopted to be effective May 1, 2012, 37 TexReg 3075

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