Section R58-18-13 - Grounds for Denial, Suspension, or Revocation of Licenses for Domesticated Elk Facilities(1) The department shall deny, suspend, or revoke a license to operate a domesticated elk facility if the licensee or applicant:(a) fails, for two consecutive years, to:(i) meet inventory requirements as required by the department;(ii) submit testable CWD samples for at least 90% of mortalities over 12 months old; or(iii) notify the department that there are wild cervids inside a domesticated elk farm;(b) fails to present animals for identification at the request of the department or allow the department to have access to facility records; or(c) violates the import requirements of Section 4-39-303.(2) The department may deny, revoke, or suspend a license to operate a domesticated elk facility if, after delivery of notice and an opportunity to correct, the licensee or applicant: (a) provides: (i) an unfinished application or incorrect application information; or(ii) incorrect records or failure to maintain required records;(b) fails to: (i) notify the department of movement of elk onto or off the facility;(ii) identify elk as required;(iii) notify the department concerning the escape of an animal from a domesticated elk facility;(iv) maintain a perimeter fence that prevents the escape of domesticated elk or ingress of wild cervids into the facility;(v) participate with the department in a cooperative wild cervid removal program;(vi) submit testable CWD samples for at least 90% of mortalities over 12 months old; or(vii) have the minimum proper equipment necessary to safely and humanely handle animals in the facility;(c) moves imported elk onto a facility without a Certificate of Veterinary Inspection that has an import permit number from the department;(d) imports animals that the Division of Wildlife Resources prohibits or controls; or(e) handles animals in a manner that violates acceptable animal husbandry practices.(3) The department will notify the facility in writing if it does not meet the requirements listed in Subsections R58-18-13(1) and R58-18-13(2), and the facility will have 30 days to correct the deficiencies.(4) Once the department has notified the owner of a domesticated elk facility of the denial, suspension, or revocation of a license to operate a domesticated elk facility, the owner shall have 15 calendar days to request an appeal with the commissioner.(5) An operator of a domesticated elk facility that has had its license revoked shall remove any elk from the facility within 30 calendar days by: (a) sending any elk to an inspected facility for slaughter; or(b) selling elk to another facility.(6) The department shall sell any elk remaining on the facility at the end of 30 days during a special sale conducted for that purpose.Utah Admin. Code R58-18-13
Amended by Utah State Bulletin Number 2016-20, effective 9/19/2016Amended by Utah State Bulletin Number 2019-16, effective 7/22/2019Amended by Utah State Bulletin Number 2022-21, effective 10/24/2022Amended by Utah State Bulletin Number 2023-13, effective 6/13/2023Adopted by Utah State Bulletin Number 2024-17, effective 8/23/2024