KRS 150.735: Placement of primary containment fence -- Expansion of captive cervid

facility -- Transfer of permits -- Violation of captive cervid law or regulation --

Rights and potential penalties.

(1) An applicant may place his or her primary containment fence o n the property line.

The department shall not require applicants to set primary containment fences any

distance away from the property line.

(2) Any person who operates a captive cervid facility in accordance with this chapter

may petition the department at any time to expand his or her captive cervid facility,

provided the expansion is adjacent and connected to his or her existing facility and

continues to comply with all applicable statutes and regulations.

(3) A lawful permit for an existing captive cerv id facility may be transferred, along

with any related benefits, rights, responsibilities, and liabilities, to any person who

purchases or otherwise takes ownership of the land area on which the captive cervid

facility exists. Within thirty (30) days of th e date of any transfer of permits, the

party transferring the permit shall notify the department of the following:

(a) Name and address of the party to which the permit is to be transferred;

(b) Permit number;

(c) Deed indicating change of land ownership; and

(d) Any additional information the department deems necessary.

(4) If any person holding captive cervids is determined in violation of Kentucky statute

or administrative regulation pertaining to the holding of those cervids, then that

person shall have sixty (60) days from when the violation was identified to come

into compliance. The permit holder has the following rights and potential penalties

during the sixty (60) day period:

(a) During the sixty (60) day period, the permit holder may continue to ha rvest,

sell, or slaughter cervids unless the permit has been suspended in accordance

with administrative regulations promulgated by the department;

(b) Failure to come into compliance within sixty (60) days of the notice of

violation may result in a citati on and cause the captive cervids to be

immediately seized by the department or the permit to be suspended; and

(c) The individual whose cervids were seized or whose permit was suspended

under paragraph (a) or (b) of this subsection may request an administr ative

hearing pursuant to KRS Chapter 13B within thirty (30) days of the issuance

of a citation or suspension of the permit and may appeal the final decision to

Franklin Circuit Court in accordance with KRS Chapter 13B. Pending the

final outcome from all a ppeals, the seized cervids may be disposed of by the

department without compensation to the owner.