.03 Approval of Requests.

A. In deciding whether to give an applicant permission to give an animal away, the Secretary will judge each application on a case-by-case basis depending on the needs of each animal.

B. To receive the Secretary's approval of the request to give away live animals, the applicant shall comply with the following requirements:

(1) The applicant shall treat humanely all animals to be given away;

(2) The applicant may not give an animal to a person who does not want it;

(3) The applicant shall take steps to ensure that the animal is kept healthy and in good condition, including but not limited to the following:

(a) Provide the animal with a sanitary environment, for example, that the container holding the animal is cleaned regularly and maintained in a sanitary condition,

(b) When appropriate, provide potable water to the animal, and

(c) Feed the animal nutritious food in sufficient quantities;

(4) The applicant may not give away an animal that is not in good health;

(5) The applicant shall inform the recipient of an animal that the applicant will care for the animal until the recipient leaves the event in which the giveaway is occurring, for example, the fair;

(6) The applicant shall give the recipient or winner a coupon which may be used to redeem the animal at the time the recipient or winner departs from the event, for example, the fair;

(7) For each recipient of an animal, the applicant shall provide written instructions on how to care for the animal and, when appropriate, a suitable container to transport the animal; and

(8) The applicant shall permit the Secretary or the Secretary's agent to examine an animal that is to be given away.

C. If the Secretary approves the giving away of an animal, the approval shall be in writing and retained on the premises where the animal is to be given away.

D. Violations.

(1) Except as provided in §D(2) of this regulation, if a person violates the terms of an approval, or provides inaccurate information to the Secretary, an approval may be revoked after a hearing as provided by regulations of the Maryland Department of Agriculture.

(2) The Department may summarily suspend its approval if it finds that the safety or welfare of an animal under the applicant's care requires emergency action and promptly gives the applicant:

(a) Written notice of the suspension, the finding, and the reasons that support the finding; and

(b) An opportunity to be heard.