CHAPTER 24.30: ANIMAL CARE AND REGULATION BOARD
Section
Article I. General Provisions
Article II. Advisory
24.30.018 Meetings; agenda; order of business
Article III. Appellate and Original Jurisdiction
24.30.025 Ex parte contacts prohibited
24.30.050 Appeals to superior court
ARTICLE I. GENERAL PROVISIONS
24.30.010 COMPOSITION.
(A) The animal care and regulation board shall be composed of five members with one alternate. The term of each appointed member of the board shall be three years.
(B) Members of the animal care and regulation board and the alternate shall be appointed by the mayor, subject to confirmation by the assembly. There shall be one member selected from each of the following groups to the extent practicable:
(1) licensed veterinarians;
(2) organized and recognized animal interest groups;
(3) animal trainers, preferably experienced in handling problem animals;
(4) animal owners from the general public;
(5) an individual from the general public at large.
(C) The alternate shall be from one of the groups listed under subsection (B) of this section.
(D) Preference shall be given those applicants in each group who have experience in quasi-judicial or similar matters.
(E) The board members shall annually appoint a chairperson and vice-chairperson.
(F) In the event that a vacancy continues to exist within one of the groups for a period of 60 days following the filing of notice of vacancy by the borough, that position may then be filled by an individual from the general public at large.
(Ord. 15-002, § 2 (part), 2015: Ord. 01-015, § 3, 2001; Ord. 95-072, § 2, 1995; Ord. 92-013(sub1), § 3 (part), 1992)
24.30.013 MEETINGS.
(A) The board’s meetings shall be governed by the current edition of Robert’s Rules of Order Newly Revised, except as otherwise provided by this title. All board meetings shall be open to the public and recorded, and minutes shall be kept.
(B) A quorum must be present to conduct business. A majority of the authorized membership of the board constitutes a quorum.
(C) An affirmative vote by a majority of those members present is required to pass or adopt any motion, order, or resolution brought before the board.
(Ord. 15-002, § 2 (part), 2015: Ord. 01-015, § 4, 2001)
24.30.015 COMPENSATION.
Board members shall be reimbursed for mileage incurred in connection with meetings of the board or meetings attended by direction of the board in the same manner as borough employees are compensated for mileage expenses, upon presentation of supporting documentation satisfactory to the borough clerk.
(Ord. 15-002, § 2 (part), 2015: Ord. 00-086, § 2, 2000)
ARTICLE II. ADVISORY
24.30.017 ADVISORY FUNCTIONS.
(A) The animal care and regulation board may:
(1) Advise the mayor, the borough manager, and assembly on matters affecting animal care and regulatory services in the borough regarding:
(a) borough related elements of a comprehensive, long range plan;
(b) proposed legislation and regulations;
(c) public recommendations; and
(d) program evaluation and implementation;
(2) Conduct a yearly review of the animal care and regulation operations manual and identify areas of revision with input from the animal care manager, animal care and regulation staff, and the public; and
(3) Conduct a yearly review of the budget.
(Ord. 15-002, § 2 (part), 2015: Ord. 01-120, § 33, 2001; Ord. 01-015, § 5, 2001)
24.30.018 MEETINGS; AGENDA; ORDER OF BUSINESS.
(A) The agenda for animal care and regulation board meetings shall be prepared by the clerk.
(B) The order of business shall be as follows:
(1) call to order, roll call, determination of quorum;
(2) approval of agenda;
(3) approval of minutes;
(4) reports and correspondence;
(5) audience participation;
(6) items of business;
(7) board comments; and
(8) adjournment.
(C) If the board is hearing an appeal to a classification of an animal, a board meeting shall be added to the agenda to immediately follow the appeal hearing.
(D) Meetings may be scheduled by the board as they otherwise see fit.
(Ord. 16-006, § 2, 2016: Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 9, 2003)
ARTICLE III. APPELLATE AND ORIGINAL JURISDICTION
24.30.020 JURISDICTION.
(A) The animal care and regulation board has appellate jurisdiction over:
(1) denial or revocation of kennel or cattery licenses;
(2) determination of animals classified as Level 1, 2, 3, or 4; and
(3) written administrative orders, with the exception of forfeitures.
(Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 8, 2003; Ord. 03-065(AM), § 21, 2003; Ord. 01-120, § 34, 2001; Ord. 01-015, § 6, 2001; Ord. 94-120AM, § 68, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.30.025 EX PARTE CONTACTS PROHIBITED.
(A) Animal care and regulation board members act in a quasi-judicial capacity concerning appeals before the animal care and regulation board. Board members shall be impartial in all administrative decisions, both in fact and in appearance.
(B) No member may receive or otherwise engage in ex parte contact with the appellant, appellee, other parties with an interest in the appeal, or members of the public concerning the appeal or issues presented in a notice of appeal, either before the appeal hearing or during any period of time the matter is submitted for decision or subject to reconsideration.
(C) If unsolicited ex parte communication occurs, the board member shall disclose the communication on the record as soon as possible. If ex parte contact is disclosed, the chair shall conduct an inquiry on the record. Each party shall be given the opportunity to state a position on the issue of recusal. The chair shall decide whether the member shall recuse themselves. The decision and the reasons for the decision shall be stated on the record. If the member with the ex parte contact is the chair, then the vice-chairperson shall conduct the inquiry and make the decision.
(D) This section shall not prevent the board from receiving information from appellants, appellees, borough staff, or other parties to an appeal during an appeal hearing. This section shall not prevent board members from discussion among themselves in open meetings or during adjudicatory session.
(E) All members of the animal care and regulation board shall abide by the borough code of ethics, codified at MSB 2.71.
(Ord. 15-002, § 2 (part), 2015)
24.30.030 PROCEEDINGS.
(A) [Repealed by Ord. 01-015, § 7, 2001]
(B) Agenda. The agenda for the animal care and regulation board hearings shall be as follows:
(1) call to order, roll call, and determination of quorum;
(2) approval of agenda;
(3) [Repealed by Ord. 03-154(AM), § 10 (part), 2003]
(4) opening presentation by borough staff: 15 minutes (the board and the owner/appellant shall have the opportunity to question all borough staff that make a presentation or otherwise offer testimony to the board);
(5) opening presentation by animal owner: 15 minutes (the board and the borough shall have the opportunity to question the owner(s)/appellant(s) who make a presentation or otherwise offer testimony to the board);
(6) victim or victim owner’s statement: 15 minutes (the board, the borough, and the owner/appellant shall have the opportunity to question the victim or victim owner);
(7) witness statements, which may include borough staff members: five minutes (the board, the borough staff, and the owner/appellant shall have the opportunity to question witnesses);
(8) closing remarks by animal owner: ten minutes;
(9) closing remarks by borough: ten minutes;
(10) adjudicatory session;
(11) next case on the agenda following the procedures set forth in subsections (B)(4) through (10) of this section; and
(12) [Repealed by Ord. 03-065(AM), § 23, 2003]
(13) [Repealed by Ord. 03-065(AM), § 23, 2003]
(14) [Repealed by Ord. 03-065(AM), § 23, 2003]
(15) [Repealed by Ord. 15-002, § 2 (part), 2015]
(16) adjournment.
(Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 10, 2003; Ord. 03-065(AM), § 22(part), 2003; Ord. 01-120, § 35, 2001; Ord. 01-015, § 8, 2001; Ord. 97-038, § 10, 1997; Ord. 92-013(sub1), § 3 (part), 1992)
24.30.035 FILING FEES.
(A) A $100 filing fee shall accompany an appeal to the animal care and regulation board from a determination and related administrative order that an animal is a Level 1, 2, 3, or 4, or from an administrative decision of the chief animal care and regulation officer. There shall be no fees collected for a hearing on recommended Level 5 classifications.
(B) [Repealed by Ord. 03-065(AM), § 23(part), 2003]
(C) [Repealed by Ord. 03-065(AM), § 23(part), 2003]
(D) A person filing an appeal under this section may apply in writing on a form approved by the clerk for a payment schedule for the filing fee. A person requesting a payment schedule shall be required to have the full amount of the filing fee paid no later than five borough business days prior to the scheduled date of the appeal hearing.
(E) A person granted a payment schedule who fails to make the full payment at least five borough business days prior to the hearing date of the appeal shall forfeit the appeal and shall forfeit any money paid to date for the appeal. The decision or order of the chief animal care and regulation officer shall remain in effect.
(F) A person who files an appeal under this section may withdraw that appeal by a written request to the clerk prior to the day of the appeal hearing. If an appeal is withdrawn, the filing fee shall be reimbursed to the person who filed the appeal based on the following schedule:
|
(1) |
Filing date through five borough business days |
100 percent |
|
(2) |
Six through ten borough business days after filing date |
50 percent |
|
(3) |
Eleven through 15 borough business days after filing date |
25 percent |
|
(4) |
More than 16 borough business days after filing date |
0 percent |
(Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 11, 2003; Ord. 03-065(AM), § 23, 2003; Ord. 01-120, § 36, 2001; Ord. 01-015, § 9, 2001; Ord. 94-120AM, § 69, 1994; Ord. 93-147AM, § 18, 1993; Ord. 92-109(AM)(sub), § 8, 1992)
24.30.040 HEARINGS.
(A) General procedures. Except with respect to those cases falling under the jurisdiction of the office of administrative hearings, an animal owner aggrieved by the chief animal care and regulation officer’s classification of an animal, related written administrative order, or other administrative decisions is entitled to a hearing before the animal care and regulation board, pursuant to the following procedures:
(1) A request for a hearing shall be in writing and filed with the clerk within five borough business days of the date the animal owner is served with the chief animal care and regulation officer’s written administrative order.
(2) A hearing date shall be set no sooner than 20 calendar days, nor later than 30 calendar days, after the date the appeal is filed.
(3) The chief animal care and regulation officer shall file the record with the clerk regarding the case within five borough business days after receipt of notice of appeal.
(4) Witness lists, written briefs, and other information to be considered by the board shall be filed by the parties no less than five borough business days before the hearing.
(5) Upon hearing the evidence, the board shall deliberate and issue written findings and conclusions based on the evidence on the record within ten borough business days of the hearing.
(6) The board shall not be restricted by the formal rules of evidence; however, the presiding chair may exclude evidence irrelevant to the issues appealed. Hearsay evidence may be considered; provided, that there are adequate guarantees of its trustworthiness and that it is more probative on the point for which it is offered than any other evidence which the proponent can procure by reasonable efforts.
(B) Level 5 classification hearings. Level 5 classification hearings include the following additional procedures:
(1) The standard of proof to be applied to Level 5 adjudications is proof by clear and convincing evidence. Clear and convincing evidence indicates that the thing to be proved is highly probable or reasonably certain.
(2) All animals found to be a Level 5 classification by the office of administrative hearings shall be humanely euthanized.
(3) All animals found not to be a Level 5 classification by the office of administrative hearings shall be remanded back to the chief animal care and regulation officer for reclassification.
(C) Level 1, 2, 3, and 4 classification hearings. Level 1, 2, 3, and 4 classification hearings are subject to the following additional procedures:
(1) The animal care and regulation board shall give deference to the written administrative order issued by the chief animal care and regulation officer if the decision of the chief animal care and regulation officer is supported by the substantial evidence in the record. “Substantial evidence” means the relevant evidence a reasonable mind might accept as adequate to support a conclusion.
(2) The animal care and regulation board may affirm, reverse, or modify the classification of an animal as a Level 1 or 2 classification and may modify the written administrative order issued by the chief animal care and regulation officer. However, the mandatory conditions set forth in MSB 24.26.040 if the animal is classified as a Level 1 or 2 shall not be modified by the board.
(D) Forfeiture hearings. Forfeiture hearings pursuant to MSB 24.05.100(C)(1) or 24.26.050(E) are subject to the procedures outlined in MSB 2.29.090.
(E) [Repealed by Ord. 15-002, § 2 (part), 2015]
(Ord. 15-002, § 2 (part), 2015: Ord. 04-072, § 2, 2004; Ord. 03-154(AM), § 12, 2003; Ord. 03-065(AM), §§ 24 and 25, 2003; Ord. 01-120, § 37, 2001; Ord. 01-015, § 10, 2001; Ord. 96-102, § 2, 1996; Ord. 94-120AM, § 70, 1994; Ord. 93-147AM, § 19, 1993; Ord. 92-013(sub1), § 3 (part), 1992)
24.30.045 RECONSIDERATION.
(A) The animal care and regulation board may reconsider its decision upon petition by any person who filed a written brief. The motion for reconsideration shall be filed with the clerk’s office within five borough business days after the animal care and regulation board’s decision has been mailed or personally served.
(B) The clerk shall schedule a hearing in order for the animal care and regulation board to review the petition to reconsider. The board shall decide whether to reconsider the matter within 15 calendar days after receipt of the request. The decision shall be based on the petition and any written response of the primary parties on the petition to reconsider. Written responses shall be filed no less than five borough business days before the hearing. The animal care and regulation board may also hear oral argument of the interested parties. In determining whether to reconsider the matter, no additional evidence shall be taken. A decision shall be reconsidered only if:
(1) there was a clerical error in the decision;
(2) the decision resulted from fraud or mistake; or
(3) there is newly discovered evidence or a change in circumstances which, by due diligence, could not have been discovered before the original animal care and regulation board hearing.
(C) If the petition for reconsideration is granted, the animal care and regulation board shall decide the matter immediately or set the matter for rehearing within 20 calendar days.
(D) For the purposes of appeal to the appropriate court:
(1) where the animal care and regulation board denies the petition for reconsideration, the animal care and regulation board’s decision on the petition for reconsideration is the final decision; and
(2) where the animal care and regulation board grants the petition for reconsideration, the animal care and regulation board’s decision on reconsideration is the final decision.
(Ord. 15-002, § 2 (part), 2015: Ord. 03-154(AM), § 13, 2003; Ord. 01-120, § 38, 2001; Ord. 01-015, § 11, 2001; Ord. 94-120AM, § 71, 1994)
24.30.050 APPEALS TO SUPERIOR COURT.
(A) Appeals by the animal owner or borough from the written decision of the animal care and regulation board shall be to the superior court and governed by the 600 series of the Alaska Rules of Appellate Procedure. The clerk shall estimate the cost of preparing the transcript of the public hearing and compiling the record on appeal. The appellant shall deposit the estimated costs for preparation of the transcript and record with the clerk in advance. Upon completion of the record on appeal, the clerk shall refund any excess deposit or charge to the appellant for costs exceeding the deposit.
(B) The hearing before the superior court is an administrative appeal heard solely on the record established before the animal care and regulation board.
(Ord. 15-002, § 2 (part), 2015: Ord. 01-015, § 12, 2001; Ord. 94-120AM, § 72, 1994; Ord. 92-013(sub1), § 3 (part), 1992)
24.30.060 FEES UPON APPEAL.
An animal whose owner is awaiting a decision on appeal may remain in impoundment at the chief animal care and regulation officer’s sole discretion. The owner is responsible for all fees and expenses reasonably incurred from the date of impoundment. A request to appeal a decision of the chief animal care and regulation officer to the animal care and regulation board shall be accompanied by advance payment of room and board fees calculated from the date of the decision of the chief animal care and regulation officer to the date set for hearing by the animal care and regulation board.
(Ord. 15-002, § 2 (part), 2015: Ord. 01-120, § 39, 2001; Ord. 01-015, § 13, 2001; Ord. 92-013(sub1), § 3 (part), 1992)