ADMINISTRATIVE CODE

Section 35.5 Definitions

Section 35.10 Approved Humane Investigator; Qualifications; Requirements; Suspension; Reports; Appointment Period

Section 35.20 Notice of Violation; Impoundment Procedure (Repealed)

Section 35.30 Administrative Hearings

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 35 HUMANE CARE FOR ANIMALS ACT
SECTION 35.5 DEFINITIONS

Section 35.5 Definitions

"Act" means the Humane Care for Animals Act [510 ILCS 70].

"Approved humane investigator" or "Department investigator" means:

a person employed by or approved by the Department to determine whether there has been a violation of the Humane Care for Animals Act; or

an animal control warden or animal control administrator appointed under the Animal Control Act [510 ILCS 5].

"Humane society" means any chartered, not for profit organization authorized to do business in this State and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals.

"Governmental agency" means any local, municipal, county and/or State law enforcement agency.

(Source: Amended at 41 Ill. Reg. 6334, effective June 1, 2017)

Section 35.10 Approved Humane Investigator; Qualifications; Requirements; Suspension; Reports; Appointment Period

Persons, when submitting an application for appointment as an approved humane investigator, will furnish the following information: name, address, telephone number; name and address of the humane society or governmental agency with whom they are affiliated; and a brief resume of their experience and education, both practical and formal, relative to the humane care of animals.

a) Qualifications for appointment as an approved humane investigator shall include:

1) Membership in or employment by a humane society, as defined in Section 2.05 of the Act, or other individual so designated by official action of that particular humane society's board of directors, or any law enforcement officer who has been officially designated by the governmental agency responsible for his/her action or duty;

2) Responsibility to his/her organization, in compliance with all administrative rules issued by the Department;

3) Attendance in and completion of a Department-approved training program for humane investigators;

4) Demonstration of satisfactory knowledge of the Act and its applications by oral and/or written examination to be given at times to be designated by the Department as needed.

A) Knowledge of how to conduct and complete an investigation, including legally guided knowledge of how to file charges if required.

B) Applicant shall have a high school diploma or its equivalent and two years experience raising, caring for or breeding the particular species of animal being investigated.

b) The Department shall require additional consultation and training when the applicant does not have experience in caring for certain animals that could reasonably be encountered in the performance of his/her duties or has no experience in conducting investigations and the proceedings that accompany those investigations.

c) An approved humane investigator shall comply with the following:

1) Cooperation, whenever possible, with other approved humane investigators or law enforcement authorities, if requested, to aid in an investigation of complaints relative to the care and treatment of animals;

2) Except when so authorized by the Department, no approved humane investigator shall represent himself/herself, at any stage in conducting an investigation, as acting directly on behalf of or as an agent of the Department.

d) An approved humane investigator shall be suspended for any of the following reasons:

1) Material misstatement in the original application;

2) Wilful disregard or violation of the Act or this Part;

3) Pursuing a continued course of misrepresentation or false statements regarding investigations relative to humane care of animals after a warning letter is given;

4) Failure to perform his/her investigational duties and enforcement of the Act and this Part;

5) Loss of membership, in or employment by, a humane society as defined in subsection (a)(1) or on written request of the society's board of directors;

6) Failure to perform job duties, including failure to promptly submit documents in a case in which enforcement actions have been taken (i.e., Notice of Violation, impoundments or prosecution);

7) Conduct, while performing duties, that is unprofessional or contrary to customary investigative procedures; and

8) Failure to submit the required annual report.

e) Reinstatement following suspension as an approved humane investigator requires the suspended investigator to submit a new application and to successfully complete the requirements for becoming an approved humane investigator (see subsection (a)).

f) All approved humane investigators shall prepare and submit to the Department an annual report on forms furnished by the Department. It shall contain the species and number of animals involved, and total number of investigations performed that calendar year. The annual report shall be filed by April 1 for the preceding calendar year's activity.

g) The appointment as an approved humane investigator shall be for a two-year period beginning on January 1 and expiring on December 31 of the following year. The reappointment procedure shall be the same procedure used for the original appointment as set forth in this Section. Qualifications for reappointment as an approved humane investigator shall be as set forth in subsection (a).

(Source: Amended at 41 Ill. Reg. 6334, effective June 1, 2017)

Section 35.20 Notice of Violation; Impoundment Procedure (Repealed)

(Source: Repealed at 8 Ill. Reg. 5936, effective April 23, 1984)

Section 35.30 Administrative Hearings

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative hearings, petitions, contested cases, declaratory rulings and availability of Department files for public access. Administrative hearings are governed by the Illinois Administrative Procedure Act and Subpart B of the Department's Administrative Rules, except that, in the case of impoundment, a petition for reconsideration or stay must be filed with the Director within 48 hours from the date the decision is rendered by the hearing officer. The final administrative decision (see 8 Ill. Adm. Code 1.75(k) and 1.340) shall be subject to Section 14 of the Humane Care for Animals Act.

(Source: Amended at 18 Ill. Reg. 14909, effective September 26, 1994)

AUTHORITY: Implementing and authorized by the Humane Care for Animals Act [510 ILCS 70].

SOURCE: Rules and Regulations Relating to Humane Care for Animals, filed December 14, 1973, effective December 24, 1973; codified at 5 Ill. Reg. 10441; amended at 7 Ill. Reg. 865, effective January 10, 1983; amended at 8 Ill. Reg. 5936, effective April 23, 1984; amended at 9 Ill. Reg. 4498, effective March 22, 1985; amended at 18 Ill. Reg. 14909, effective September 26, 1994; amended at 28 Ill. Reg. 13390, effective October 1, 2004; amended at 41 Ill. Reg. 6334, effective June 1, 2017.