2006 Kentucky Revised Statutes - .735   Placement of primary containment fence -- Expansion of captive cervid facility -- Transfer of permits -- Violation of captive cervid law or regulation.

150.735 Placement of primary containment fence -- Expansion of captive cervid facility -- Transfer of permits -- Violation of captive cervid law or regulation. (1) An applicant may place his or her primary containment fence on 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 cervid 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 the 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. Failure to come into compliance may cause the captive cervids to be immediately seized by the department. The individual whose cervids were seized may request an administrative hearing pursuant to KRS Chapter 13B within thirty (30) days of the department's seizure and may appeal the final decision to Franklin Circuit Court in accordance with KRS Chapter 13B. Pending the final outcome from all appeals, the seized cervids may be disposed of by the department without compensation to the owner. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 159, sec. 3, effective July 12, 2006. Page 1 of 1

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