§ 12-4-202. INVESTIGATION AND APPRAISAL.

(a)

Investigation.

(1)

After receipt of a damage claim, the Health Officer shall:

(i)

Investigate the claim promptly; and

(ii)

Determine if the claim is meritorious.

(2)

The Health Officer's determination is final and there is no right of appeal from the determination.

(b)

Division to appraise value. If the Health Officer determines that the claim is meritorious, the Health Officer shall establish an appraisal of the damages that is based on the fair market value of similar livestock or poultry in the area.

(c)

Appraisal presented to the Board.

(1)

The Health Officer promptly shall submit a report under oath to the Animal Hearing Board stating the number of poultry or livestock killed and the damages sustained by the claimant on account of the loss, which damages, per claim, may not exceed the fair market value of all poultry or livestock killed or the sum of $5,000, whichever is less.

(2)

The Health Officer's determination of damages as provided in this section shall be reduced by the amount of any insurance covering the claimant's loss.

(d)

Prima facie evidence. The report of the Health Officer shall be prima facie evidence of the correctness of the damages.

(1988 Code, § 6-154) (Bill No. 211, 1990, § 1, 1-13-1991; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004; Bill No. 68-13, § 1, 12-29-2013)