Investigation and inspection of animal rescue entity
(1) Whenever an authorized representative of an enforcing agency is advised or has reason to believe that an animal rescue entity is operating without a license, the authorized representative may visit and conduct an on-site investigation of the premises of the animal rescue entity. The purpose of an investigation under this section is to determine whether the animal rescue entity is subject to the requirements of ORS 609.415 (Animal rescue entities).
(2) At any reasonable time, an authorized representative of an enforcing agency, a law enforcement agency or the United States Department of Agriculture may conduct an on-site investigation of the premises of any licensed animal rescue entity to determine whether the entity is in compliance with ORS 609.415 (Animal rescue entities).
(3) An authorized representative of the enforcing agency or a law enforcement agency shall conduct an on-site investigation of the premises of any licensed animal rescue entity if the agency receives a complaint about the animal rescue entity related to the failure to comply with the requirements of ORS 609.415 (Animal rescue entities) that the agency determines is credible and serious. The investigation by the agency shall be limited to determining if the animal rescue entity has failed to comply with the requirements of ORS 609.415 (Animal rescue entities).
(4) Any state agency that receives a complaint about a licensed animal rescue entity shall notify the enforcing agency about the complaint and any subsequent action taken by the state agency based on that complaint.
(5) A licensed animal rescue entity shall permit an authorized representative of the enforcing agency to inspect records of the animal rescue entity and shall furnish any reports and information required by the enforcing agency.
(6) If, during the course of an inspection made under this section, the enforcing agency finds evidence of animal cruelty in violation of ORS 167.310 (Definitions for ORS 167.310 to 167.351) to 167.351 (Trading in nonambulatory livestock), 167.352 (Interfering with an assistance, a search and rescue or a therapy animal), 167.355 (Involvement in animal fighting) or 167.360 (Definitions for ORS 167.360 to 167.372) to 167.372 (Possessing dogfighting paraphernalia), the enforcing agency shall seize the evidence and report the violation to law enforcement. Evidence of animal cruelty found through a valid inspection under this section shall be presumed admissible in any subsequent criminal proceeding. [2013 c.719 §11]
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