Chapter 20

INDEMNITY RULES

  Section 1. Authority

  (i) Pursuant to the authority in the Wyoming Livestock Board by virtue of W.S. 11-19-106(f), the following rules are hereby promulgated.

  Section 2. Purpose

  (i) These rules are adopted to outline the processes and procedures for processing claims from the ordered disposal of animals by the state veterinarian for scrapie, brucellosis and tuberculosis.

  Section 3. Definitions

  (a) "Board" means the Wyoming Livestock Board, state agency 051, (307) 777-7515.

  (b) "Brucellosis" means an infectious disease of animals and humans caused by a bacterium, Brucella abortus.

  (c) "Disposal" means to sell, send to slaughter, or destroy the animal.

  (d) "Scrapie" means a nonfebrile, transmissible, insidious, degenerative disease affecting the central nervous system of sheep and goats and causing a spongiform encephalopathy.

  (e) "Tuberculosis" means a chronic, progressive disease caused by a bacterium, Mycobacterium bovis, in cattle, bison, and other species, including humans.

  Section 4. Claim process.

  (a) The State Veterinarian shall ascertain that sufficient funds are available to cover the indemnity by obtaining written documentation of the account balance for the animal reimbursement program account from the State Auditor.

  (b) To make a claim for state indemnity funding, the owner of the animal(s) ordered disposed by the State Veterinarian for brucellosis, tuberculosis, or scrapie must submit written application within 6 months of the date that animal(s) was/were ordered to be disposed. Application will be on a form available from the office(s) of the Board. The application must be accompanied by all necessary support documentation including:

    (i) Purchase receipts if animals(s) were purchased within sixty (60) days preceding the ordered disposal;

    (ii) Documentation for actual salvage values received for each animal;

    (iii) Receipts for the costs of shipping or transportation and commission charges related to the disposal of the animals; and

    (iv) Documented amounts of any other reimbursement monies received for the animal(s) from any source including indemnity amounts paid by the federal government.

  (c) The State Veterinarian will determine fair market value as prescribed in W.S. 11-19-106 (c).

  (d) The State Veterinarian will verify the salvage values obtained for each animal for which indemnity is being claimed.

  (e) The State Veterinarian shall have thirty (30) days to approve or reject a claim once all the required documentation is provided and will provide written reasons for his approval or rejection. A copy of the application form and all documentation and the State Veterinarian's decision will be presented to the State Auditor's Office, the claimant, and kept on file in the Cheyenne office per the retention schedule.

  (f) If the State Veterinarian rejects a claim, a board of arbitration will be selected as directed by W.S. 11-19-106 (b). The Office of Administrative Hearings will conduct the hearing for the board of arbitration and the State Veterinarian will be represented by the Attorney General's Office and the claimant may be represented by his own attorney.

  Section 5. Limitations of Indemnity Payments.

  (a) In no case will the amount of monies received for salvage, reimbursements from other sources, and indemnity received from the State of Wyoming exceed the fair market value of the animal(s) for which indemnity is being sought.

    (i) Transportation or shipping and commission charges are not included in the fair market value calculations, and unless otherwise reimbursed, will be added to the amount provided to the producer for livestock indemnification.