Section 4-29-15 - Users of guide or service dogs(a) Any user who seeks to import a guide or service dog into the State may be housed at the quarantine station apartment during the dog's quarantine period. (1) The use of an apartment is subject to availability. Requests for housing must be submitted in writing, in advance to the manager. Requests shall include proof of completion of training from a recognized training or related program pursuant to subchapter 6 as well as the dates and reason for the occupancy. Assignment of housing will be on a first come, first served basis and is subject to approval of the manager or the state veterinarian. (A) No fee shall be charged for the use of an apartment, but the user is responsible for any telephone installation and charges;(B) A user may use the apartment only while the user's dog is in quarantine at the quarantine station. Each user shall vacate the apartment on the day the user's dog is released from quarantine or five days before the scheduled arrival of another user whose reservation was made before that of the current user, whichever happens first, or upon a previously agreed-to date;(C) A user may use an apartment only as long as all of the provisions of this section governing the use of an apartment are complied with;(D) Upon vacating an apartment, the user shall leave the apartment in the condition in which it was found and shall be responsible for the costs of any required repairs, except for normal wear and tear;(2) A user housed at the station: (A) Shall comply with this chapter;(B) Shall ensure that all persons visiting the user and persons residing with the user comply with this chapter (however, station visiting hours shall not apply to people visiting the user at the apartment);(C) Shall ensure that persons visiting do not allow non-quarantined animals onto the station grounds;(D) Shall provide to the station office the names of persons who will reside with or visit the user at the time of each person's first visit; and(E) Shall keep all gates locked during times that the quarantine facility is not open to the public;(3) The department assumes no responsibility for the personal care and welfare of the user housed at the quarantine station.(b) Skills maintenance training of guide or service dogs during the quarantine period shall be allowed under the following conditions: (1) Guide or service dogs in quarantine shall remain within the perimeter of the quarantine station property at all times unless being transported to or from a veterinary hospital holding a permit under section 4-29-13(b) or a satellite quarantine station established under section 4-29-12, or unless the animal is allowed to leave the grounds under the terms of a valid off-station skills maintenance training permit. Guide and service dogs shall be allowed to train within the perimeter of the quarantine station property. For the purposes of on-station skills maintenance training, the perimeter of the quarantine station property shall be considered the fence along Halawa Valley Street on the north and west and the quarantine station perimeter fence on the south and east;(2) A dog may be allowed to train off the quarantine station property under the terms of a valid off-station skills maintenance training permit. Off-station skills maintenance training under a permit shall not exceed four hours per day, three days per week for a total of twelve hours per week, and shall occur only during normal quarantine station operating hours. An off-station skills maintenance training permit shall be obtained from the chairperson of the board in advance. Application shall be made by a request in writing which shall include the name of the requestor; the breed, name, age, sex, and color of the dog; along with a schedule of times and locations for the skills maintenance training;(3) When training off station grounds, the dog shall be accompanied at all times by a person of the user's choice to monitor and ensure that the dog does not come in contact with other animals or cause a potential human exposure. The person of the user's choice shall assist the user and maintain surveillance over the dog at all times and shall transport or accompany the dog to and from the training location;(4) The training animals shall not come into physical contact with non-quarantined dogs, cats, or other carnivores, or cause a potential human exposure, at any time while training off-station. Training animals that come into physical contact with non-quarantined animals or cause a potential human exposure shall be subject to a minimum ten-day rabies observation period in confinement at the quarantine station during which time no training either on or off the station grounds shall be allowed;(5) The user shall agree in writing to assume all liability in connection with, and to defend and indemnify the State against, all charges or liability resulting from the escape, recapture, and handling of the animal while off station grounds under a skills maintenance training permit;(6) The off-station skills maintenance training permit shall be in force for the remainder of the animal's quarantine period unless it is suspended or revoked, or the animal is subject to a minimum of ten days rabies observation period;(7) All off-station skills maintenance training permits shall include the following conditions: (A) The user shall control the guide or service dog by leash or handle at all times; (B) The user shall not remove a guide or service dog from the quarantine station for training purposes unless accompanied by a person of the user's choice; and (C) The dog shall be allowed off station grounds for training only during the hours and at the locations specified on the off-station skills maintenance training permit. By accepting a permit, the user agrees to abide by and be bound by its conditions;(8) An off-station skills maintenance training permit shall be suspended for a period of ten days if the dog comes into physical contact with another animal or causes a potential human exposure. In the event that the user has lost control of the dog and the dog is not visible to the person without a disability for any length of time, the dog will be presumed to have come into physical contact with another animal or to have caused a potential human exposure, and the permit shall be automatically suspended for a minimum often days. During the minimum ten-day suspension the dog shall remain confined at the animal quarantine station for observation; and(9) A second suspension of a dog's off-station skills maintenance training permit shall result in automatic revocation of the permit. A user whose permit has been revoked may request a hearing under section 91-9, HRS. A written request for a hearing must be received by the chairperson within ten days after the revocation. (A) The revocation shall remain in effect pending the final decision and order;(B) The hearing may be held before the chairperson, a hearing officer, or the board;(C) The provisions of subchapter 5 of chapter 4-1, shall apply except that: (i) If the hearing is held before the chairperson, the chairperson shall have all the powers and duties of the board and the hearing officer in connection with the hearing, including the power to issue the final agency decision; or(ii) If the hearing is held before a hearing officer, the hearing officer's recommended decision must be filed within ten calendar days of the close of the hearing, and exceptions must be filed within ten calendar days of the recommended decision. The board shall take final action at the time of its next regularly scheduled meeting after the filing of the recommended decision (if no exceptions are filed) or after the filing of exceptions, provided that the person whose permit has been revoked shall have at least seven calendar days' notice of the meeting.[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-5.5, 142-6)