§ 35-80-112. Disciplinary Actions – Denial of License – Definition

1. The commissioner, pursuant to the provisions of article 4 of title 24, may issue letters of admonition or deny, suspend, refuse to renew, restrict, or revoke any license authorized under this article 80 if the applicant or licensee:
   1. Has refused or failed to comply with any provision of this article, any rule adopted under this article, or any lawful order of the commissioner;
   2. Has been convicted of a local, state, or federal offense involving the theft, importation, capture, neglect, or abuse of an animal; or cruelty to animals as defined in article 9 of title 18; or any similar statute of any other state;
   3. Has had an equivalent license denied, revoked, or suspended by any authority;
   4. Has refused to provide the commissioner with reasonable, complete, and accurate information regarding the care of animals when requested by the commissioner; or
   5. Has falsified any information requested by the commissioner.
2. In any proceeding held under this section, the commissioner may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
3. No licensee whose license has been revoked may apply or reapply for a license under this article 80 until two years after the date of the revocation. The two-year period of ineligibility also applies to a principal, officer, director, manager, or any other person who has substantial control or authority over the daily operations of the entity, whether the person applies individually or as a principal, officer, director, manager, or other person who has or would have substantial control or authority over the daily operations of the same or a different entity.
4. As used in this section, “convicted” means having entered a plea of guilty, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, or a plea of no contest, accepted by the court, or having received a verdict of guilty by a judge or jury.

Source: L. 94: Entire article added, p. 1308, § 8, effective July 1. L. 2014: (3) amended, (HB 14-1270), ch. 365, p. 1747, § 9, effective July 1. L. 2019: IP(1), (1)(b), and (3) amended and (4) added, (SB 19-158), ch. 409, p. 3606, § 4, effective August 2.