R58-18-15. Grounds for Denial, Suspension, or Revocation of Licenses for Domestic Elk Facilities

  (1) A license to operate a domestic elk facility may be denied, suspended, or revoked by the Department for any of the following reasons:

  (a) Incomplete application or incorrect application information;

  (b) Incorrect records or failure to maintain required records;

  (c) Not presenting animals for identification at the request of the Department;

  (d) Failure to notify Department of movement of elk onto or off of the facility;

  (e) Failure to identify elk as required;

  (f) Movement of imported elk onto facility without obtaining a Certificate of Veterinary Inspection which has an import permit number obtained from the Department;

  (g) Importing animals that are prohibited or controlled as listed in rule R657-3;

  (h) Failure to notify the Department concerning an escape of an animal from a domestic elk facility;

  (g) Failure to maintain a perimeter fence that prevents escape of domestic elk or ingress of wild cervids into the facility;

  (i) Failure to notify the Division of Wildlife Resources that there are wild cervids inside a domestic elk farm or hunting park;

  (j) Failure to participate with the Utah Department of Agriculture and Food and the Utah Division of Wildlife Resources in a cooperative wild cervid removal program;

  (k) Failure to have inventories match with at least a 95% match;

  (l) Failure to submit the acceptable rate of CWD test samples;

  (m) Failure to have the minimum proper equipment necessary to safely and humanely handle animals in the facility; or

  (l) Inhumane handling or neglect of animals on the facility as determined by the Department.

  (2) Once the Department has notified the operator of a domestic elk facility of the denial, suspension, or revocation of a license to operate a domestic elk facility, the operator has 15 calendar days to request an appeal with the Commissioner of Agriculture.

  (3) An operator of a domestic elk facility that has had their license revoked shall remove all elk from the facility within 30 calendar days by:

  (a) Sending all elk to an inspected facility for slaughter; or

  (b) Selling elk to another facility;

  (4) Any elk remaining on the facility at the end of 30 days will be sold by the Department during a special sale conducted for that purpose.