Section R19-2-332. Certifying a Greyhound Arizona Bred

A.      A breeder shall be properly licensed pursuant to A.R.S. § 5- 107.01(B) in order to certify an Arizona-bred greyhound.

B.       Within 10 days of whelping, the breeder shall provide notice of whelping to the Department on a Department-approved form. This notice shall include the names of all owners or les- sees of the dam at the time of whelping who will be entitled to breeders’ awards at a later date. The breeder shall also provide a copy of the Breeding Acknowledgment Form returned to the breeder by the National Greyhound Association (NGA).

C.      Within 90 days of whelping, the breeder shall provide tattoo numbers of greyhounds from the litter to the Department on a Department-approved form.

D.      The breeder shall apply for Arizona-bred certification by sub- mitting to the Department the completed application form pro- vided by the Department and a National Greyhound Association Individual Registration Application. The applica- tion shall include the names of all owners or lessees of the dam at the time of whelping who shall be entitled to breeders’ awards.

E.       The breeder shall comply with the following rules in order to be eligible for Arizona-bred certification:

1.        A greyhound must be present in Arizona for not less than six months of its first year.

2.        During the greyhound’s first year, the breeder shall notify the Department whenever the greyhound is removed from the state.

3.        The Department may conduct inspections at any time to ensure that greyhounds meet the residency requirement.

F.       The breeder shall make the litter available for inspection by the representatives of the Department at any time. The Depart- ment representative shall conduct the inspection of the litter at

a location licensed by the Department and designated on the Breeding Acknowledgement Form within 30 days of whelp- ing. The Department representative may conduct additional inspections of the litter to verify tattoo numbers and ensure compliance with requirements of A.R.S. § 5-114(C).

G.      If the greyhound and its breeder qualify by meeting require- ments set forth in subsections (A) through (E), the Department shall certify that the greyhound is Arizona bred and mail all necessary documents, including the National Greyhound Association Individual Registration Application form, to the NGA. A greyhound is considered Arizona bred as of the date indicated on the Department’s certificate.

H.      If the Breeder is ineligible for breeders’ awards, the Director shall send a letter to the applicant explaining the ineligibility.

I.        The Department shall retain a copy of the NGA registration certificate and mail the original to the registered breeder.

J.        Denial. The Director may deny an application for Arizona- bred certification for any of the following reasons:

1.        Failure to notify the Department of whelping as required by subsection (B),

2.        Failure to provide the greyhound tattoo numbers as required in subsection (C),

3.        Failure to meet the residency requirements in subsection (E)(1) or failure to meet the notification requirement of subsection (E)(2), and

4.        Material misstatement by the breeder.

K.      The Department shall use information contained in applica- tions and notices submitted to the Department in the event of a conflict between Department records and records of another organization.

L.       An applicant may appeal a decision of the Director by follow- ing the requirements in R19-2-322.

Historical Note

Adopted effective January 6, 1998 (Supp. 98-1).

Note

Editor’s Note: Under Laws 2014, Ch. 277, § 9, the Commis- sion was required to provide at least one public hearing on the final exempt rulemaking amendments in R19-2-205. The Office of the Secretary of State makes a distinction between exempt rulemakings and final exempt rulemakings. Final exempt rulemakings are those filed with conditional exemptions to the Arizona Administrative Procedures Act such as requirements to conduct a public hearing or accept public comments on a pro- posed exempt rulemaking (Supp. 15-2).

Section R19-2-401 was adopted and subsequently amended under an exemption from the provisions of the Arizona Adminis- trative Procedure Act under A.R.S. § 41-1005(A)(18). Exemption from the rulemaking process means that the agency did not sub- mit these rules to the Secretary of State’s Office for publication in the Register as proposed rules, the agency was not required to accept public comment, and the rules were not approved by either the Governor’s Regulatory Review Council or the Attorney Gen- eral.