Ohio § 956.10

§ 956.10.

(A)(1) At least once annually, the director of agriculture or the director's authorized

representative shall inspect a high volume breeder that is subject to licensure under

this chapter and rules adopted under section 956.03 of the Revised Code to ensure compliance with this chapter and rules adopted under it, including the

standards of care established in rules adopted under that section. (2) The director or the director's authorized representative shall inspect a boarding

kennel when the director or the director's authorized representative has received

information that the boarding kennel is breeding dogs and may be subject to licensure

under this chapter and rules adopted under section 956.03 of the Revised Code . (B) The director or the director's authorized representative may do any of the following: (1) Upon receiving a complaint, inspect a high volume breeder that is subject to licensure

under this chapter and rules adopted under section 956.03 of the Revised Code to ensure compliance with this chapter and rules adopted under it; (2) Upon the request of a member of the public, a public official, or an animal shelter

for dogs, inspect any facility at which a person is acting as or performing the functions

of a dog broker to ensure such compliance; (3) Upon receiving a complaint, inspect an animal rescue for dogs to ensure compliance

with section 956.06 of the Revised Code and applicable rules adopted under section 956.03 of the Revised Code ; (4) Conduct an inspection under this section during regular business hours without providing

notice in advance. (C) Inspections shall be conducted in accordance with rules adopted under section 956.03 of the Revised Code .  A record of each inspection shall be made by the director or the director's authorized

representative who is responsible for the inspection in accordance with those rules. (D) The director or the director's authorized representative, upon proper identification

and upon stating the purpose and necessity of an inspection, may enter at reasonable

times on any public or private property, real or personal, to inspect or investigate

and to examine or copy records in order to determine compliance with this chapter

and rules adopted under it.  The director, the director's authorized representative, or the attorney general

upon the request of the director may apply to the appropriate court in the county

in which inspection will occur for an appropriate court order or search warrant as

necessary to achieve the purposes of this chapter and rules adopted under it. (E) No owner or operator of a high volume breeder, person acting as or performing the

functions of a dog broker, owner or operator of a boarding kennel, or owner or operator

of an animal rescue for dogs shall interfere with an inspection or refuse to allow

the director or the director's authorized representative full access to all areas

where dogs are kept or cared for.  If entry is refused or inspection or investigation is refused, hindered, or thwarted

by a high volume breeder or dog broker, the director may suspend or revoke the breeder's

or broker's license in accordance with this chapter. (F)(1) The director may enter into a contract or agreement with a veterinarian to conduct

inspections under this section.  The veterinarian shall be considered the director's authorized representative for

the purposes of this section. (2) A veterinarian with whom the director has entered into a contract or agreement under

division (F)(1) of this section may inspect a high volume breeder with whom the veterinarian

has established a veterinary-client-patient relationship as described in section 4741.04 of the Revised Code only every other year. (3) If the director determines that a veterinarian with whom the director has entered

into a contract or agreement under division (F)(1) of this section has falsified any

information submitted to the director pursuant to an inspection, the director shall

inform the veterinary medical licensing board created by Chapter 4741. of the Revised

Code of the falsification. (G)(1) If entry that is authorized by division (D) of this section is refused or if an inspection

or investigation is refused, hindered, or thwarted by intimidation or otherwise and

if the director, an authorized representative of the director, or the attorney general

applies for and obtains a court order or a search warrant under division (D) of this

section to conduct the inspection or investigation, the owner or operator of the premises

where entry was refused or inspection or investigation was refused, hindered, or thwarted,

if found guilty of violating this chapter or rules adopted under it, is liable to

the director for all of the following: (a) The reasonable costs incurred by the director for the regular salaries and fringe

benefit costs of personnel assigned to conduct the inspection or investigation from

the time the court order or search warrant was issued until the court order or search

warrant is executed; (b) The salary, fringe benefits, and travel expenses of the director, an authorized representative

of the director, or the attorney general incurred in obtaining the court order or

search warrant;  and (c) Expenses necessarily incurred for the assistance of local law enforcement officers

in executing the court order or search warrant. (2) In the application for a court order or a search warrant, the director, the director's

authorized representative, or the attorney general may request and the court, in its

order granting the court order or search warrant, may order the owner or operator

of the premises, if found guilty of violating this chapter or rules adopted under

it, to reimburse the director for any of the costs described in division (G)(1) of

this section that the court finds reasonable.  From money recovered under this division, the director shall do all of the following: (a) Reimburse the attorney general for the costs incurred by the attorney general in

connection with proceedings for obtaining the court order or search warrant; (b) Reimburse the political subdivision in which the premises is located for the assistance

of its law enforcement officers in executing the court order or search warrant; (c) Deposit the remainder in the state treasury to the credit of the commercial dog

breeding fund created in section 956.18 of the Revised Code . (H) A dog warden appointed under Chapter 955. of the Revised Code or an agent of a humane

society entering on public or private property to make investigations and inspections

in accordance with Chapter 955. or 1717. of the Revised Code, as applicable, shall

report any violations of this chapter and rules adopted under it to the director or

the director's authorized representative.