§ 14-22-26-5 — Suspension of permit; seizure and holding of animals; adjudicative proceedings; costs

Indiana § 14-22-26-5

• Jurisdiction: Indiana
• Art. 22: FISH AND WILDLIFE
• Ch. 26: Wild Animal Permit

Text

(a) If an emergency exists, the director may
summarily suspend a permit issued under this chapter. The director
may summarily seize and hold an animal for which a permit is required
under this chapter, pending the outcome of the proceedings under this
section, if either of the following conditions exist:
(1) A permit has not been issued to possess the animal.
(2) A permit has been issued to possess the animal, but the
director believes that an emergency exists because at least one (1)
of the following conditions exists:
(A) The animal is in a position to harm another animal.
(B) The life or health of the animal is in peril.
(b) After suspending a permit or seizing and holding an animal
under subsection (a), the department shall proceed as quickly as
feasible to provide the opportunity for completed adjudicative
proceedings under IC 4-21.5. The proceedings may result in the
revocation, temporary suspension, or modification of the permit.
Provision may be made for a final disposition with respect to the wild
animal, including confiscation of the animal. IC 4-21.5 provides the
exclusive remedy available to a person aggrieved by a determination
of the department under this section.
(c) The director may contract with experts in the handling of
animals for which a permit is required under this chapter to assist the
director in seizing and holding an animal under this section. A person
who seizes and holds an animal under a contract with the director is not
subject to legal action arising from the seizure or holding to the same
extent as if the person was an employee of the department.
(d) The owner of an animal seized under this section is liable for the
costs of seizing and holding the animal and of the proceedings under
this section, including a trial, if any.
(e) A law enforcement officer or an employee of the department is
not liable for the destruction of a permitted animal that escapes an
enclosure and poses a threat to public safety.
[Pre-1995 Recodification Citation: 14-2-7-21(e), (f), (g),
(h).]

Legislative History

As added by P.L.1-1995, SEC.15. Amended by P.L.141-2022, SEC.43.