Subdivision 1. Hearing. The owner of any dog declared dangerous has the right to a hearing by an impartial hearing officer.
Subd. 2. Security. A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security must be posted within seven days of the seizure inclusive of the date of the seizure.
Subd. 3. Notice. The authority declaring the dog dangerous shall give notice of this section by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include:
(1) a description of the seized dog; the authority for and purpose of the dangerous dog declaration and seizure; the time, place, and circumstances under which the dog was declared dangerous; and the telephone number and contact person where the dog is kept;
(2) a statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing under this section;
(3) a statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of section 347.52, paragraphs (a) and (c), and until such time as the hearing officer issues an opinion;
(4) a statement that if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of sections 347.51, 347.515, and 347.52;
(5) a form to request a hearing under this subdivision; and
(6) a statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law.
Subd. 4. Right to hearing. Any hearing must be held within 14 days of the request to determine the validity of the dangerous dog declaration. The hearing officer must be an impartial employee of the local government or an impartial person retained by the local government to conduct the hearing. In the event that the dangerous dog declaration is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority.
2008 c 325 s 12
Structure Minnesota Statutes
Chapters 343 - 348 — Animals And Property
Section 347.01 — Owner's Liability; Penalty.
Section 347.02 — Keeping After Notice; Penalty.
Section 347.03 — Dogs May Be Killed.
Section 347.04 — Public Nuisance.
Section 347.05 — Owner Not Known.
Section 347.06 — Hearing; Judgment; Execution.
Section 347.08 — County Board May License.
Section 347.10 — Owners Of Dogs And Kennels; Licenses.
Section 347.11 — Dog Collars To Be Tagged.
Section 347.12 — Fees Paid To County Treasurer Monthly.
Section 347.13 — Fees, Dog License Fund; Disbursal; Accounting.
Section 347.14 — Unlicensed Dogs.
Section 347.15 — Persons Damaged, Claims Filed.
Section 347.16 — Claims, Hearings, Notice.
Section 347.17 — Killing Dogs In Certain Cases.
Section 347.18 — Tags; Restrictions, Prohibitions.
Section 347.19 — Failure To Obtain License.
Section 347.21 — Interpretation.
Section 347.22 — Damages, Owner Liable.
Section 347.32 — License For Kennel Or Dealer.
Section 347.33 — Licensing Procedures; Inspections; Administration.
Section 347.34 — Licenses Required.
Section 347.35 — Board Of Animal Health Rules.
Section 347.37 — Public Access; Notice; Inspection; Enforcement.
Section 347.38 — Revocation Of License.
Section 347.51 — Dangerous Dogs; Registration.
Section 347.515 — Microchip Identification.
Section 347.52 — Dangerous Dogs; Requirements.
Section 347.53 — Potentially Dangerous And Dangerous Dogs.
Section 347.54 — Confiscation.
Section 347.541 — Disposition Of Seized Animals.
Section 347.542 — Restrictions.
Section 347.56 — Destruction Of Dog In Certain Circumstances.
Section 347.565 — Applicability.
Section 347.58 — Licensing And Inspections.
Section 347.59 — Standards Of Care.
Section 347.60 — Investigations.
Section 347.61 — Civil Enforcement.
Section 347.615 — Biosecurity; Entry Into Facilities.
Section 347.63 — Dog And Cat Breeders Licensing Account; Appropriation.
Section 347.64 — Applicability.
Section 347.65 — Recognition; Commercial Breeder Excellence.