Section 345IAC1-7-8. Indemnity

   (a) Except as provided in IC 15-17-10-7 and subject to any other limits imposed by law, the board will indemnify owners of animals or objects condemned by the board according to this section. The following apply:

(1) If another provision of IC 15-17 or this title provides a specific procedure for indemnification for certain animals or objects, the more specific provisions shall control.

(2) If indemnity is paid by the federal government, the indemnity procedures prescribed by the federal government may be used instead of the procedures in this rule.

  (b) The state veterinarian shall determine an appraised value for all condemned animals and objects. For purposes of IC 15-17-10-8 and this rule, "satisfactory appraisal" means a value determined by the state veterinarian to be a fair estimate of the condemned animal's or object's fair market value. The state veterinarian may consider the following when determining appraised value:

(1) The owner's purchase price for the condemned animal or object.

(2) The sales price of similar animals or objects sold on the open market.

(3) The animal's market value as the following:

(A) A food animal.

(B) A breeding animal.

(4) The salvage value of the animal or object.

(5) The value according to the following:

(A) Published catalogues.

(B) Market reports.

(C) Other formal and informal market surveys.

(6) Any other relevant information.

The state veterinarian may survey, hire, or consult with and may rely on the opinion of independent appraisers, experts, and other knowledgeable persons when determining the value of animals and objects.

  (c) The state veterinarian must notify the owner of the state veterinarian's determination of appraised value. The procedures in IC 15-17-17 shall control the following:

(1) The notification process.

(2) The owner's opportunity to appeal the state veterinarian's determination.

  (d) The board will pay an owner of condemned animals and objects the lesser of the following amounts:

(1) The appraised value determined under this rule minus any amounts received by the owner for the condemned animal or object from the following:

(A) Insurance proceeds.

(B) Indemnity from the federal government.

(C) Any other source.

(2) The applicable payment limit, if any.

The state veterinarian shall keep a record of indemnity paid.

  (e) The owner of condemned animals or objects must report to the board any money received for the condemned animal or object from any source other than the state immediately upon receipt of the money. (Indiana State Board of Animal Health; 345 IAC 1-7-8; filed Mar 30, 2006, 1:42 p.m.: 29 IR 2519; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA; readopted filed Aug 16, 2012, 8:27 a.m.: 20120912-IR-345120197RFA)