(1) the person holding or applying for a license has made a material misstatement or misrepresentation in the license application;

(2) the person holding or applying for a license has made a material misstatement or misrepresentation to the department or its personnel regarding a matter relevant to the license;

(3) the person holding or applying for a license has failed to comply with this act;

(4) the person holding or applying for a license has failed to comply with any regulation promulgated under this act;

(5) the person holding or applying for a license has been convicted of any law relating to cruelty to animals and the conviction is more than ten years old, if there is evidence the person has not been rehabilitated and granting a license would jeopardize the health, safety and welfare of the dogs;

(6) the person holding or applying for a license has been convicted of a felony;

(7) the person holding or applying for a license has:

(8) the location of the kennel for which the license is sought is subject to a final, binding order, which is not subject to a pending legal challenge, declaring the kennel is not a permitted use under the applicable zoning ordinance;

(9) the person holding or applying for a license has acted or is acting in concert with a person who has violated the act of December 15, 1986 (P.L. 1610, No. 181),³ known as the “Rabies Prevention and Control in Domestic Animals and Wildlife Act”;

(10) the person holding or applying has had a kennel license, dealer license or out-of-state dealer license refused or revoked within the past ten years;

(11) the person holding or applying for a license has a person who does or will play a role in the ownership of the kennel or caring for the dogs, and such other person would be refused a license if that person had been the applicant. A role shall include ownership of a financial interest in the kennel operation, caring for the dogs or participation in the management of the kennel; or

(12) the person holding or applying for a license has violated section 214.⁴

(1) The gravity of the violation.

(2) The number of current or past violations.

(3) The potential effect of the violation on the health or welfare of a dog.

(4) Whether the kennel has been warned previously to correct the violation.

(5) Whether the violation resulted in a criminal conviction.

(6) The length of time that has elapsed between violations.

(1) The secretary shall provide written notice of a kennel license, dealer license or an out-of-state dealer license revocation, suspension or refusal to the person whose license is revoked, suspended or refused. The notice shall set forth the general factual and legal basis for the action and shall advise the affected person that within ten days of receipt of the notice he may file with the secretary a written request for an administrative hearing. The hearing shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure).

(2) Written notice of revocation, suspension or refusal shall be served by personal service or by registered or certified mail, return receipt requested, to the person or to a responsible employee of such person whose license is revoked, suspended or refused. Revocation or refusal shall be effective upon the expiration of the ten-day period for requesting an administrative hearing, unless a timely request for a hearing has been filed with the department.

(1) If the secretary revokes or refuses a kennel license, dealer license or an out-of-state dealer license, a person whose license revocation or refusal has become effective shall comply with all of the following:

(2) The following apply to appeals:

(3) Failure to take action or to meet the conditions imposed under this subsection, in addition to any other penalties allowed under this act, may result in imposition by the department of an administrative penalty of not less than $100 nor more than $500 per day for each violation. Each dog in excess of the number of dogs permitted under subparagraph (1)(v) or (2)(iii) shall count as one violation.

(4) Any violation of this subsection shall constitute a misdemeanor of the third degree.

(1) After service of an order under subsection (b) or section 207(a.3)⁵ or during the duration of an administrative appeal under subsection (c)(2) or section 207(a.3)(2), the department may order the seizure of any dog from that kennel if the department determines, based on the conditions found at that kennel, there are reasonable grounds to believe the dog's health, safety or welfare is endangered because of neglect of duty of care, deprivation of necessary sustenance, water, shelter or veterinary care or access to clean and sanitary shelter which will protect the animal against inclement weather and preserve the animal's body heat and keep it dry or other conditions which a veterinarian determines pose a serious health risk to the dog. The seizure may occur immediately upon notice, whether personal or otherwise, and shall be followed by service of the order.

(2) The order of seizure shall set forth the general factual and legal basis for the action taken and shall advise the kennel owner that, within ten days of receipt, the kennel owner may file with the secretary a written request for an administrative hearing subject to bonding requirements of this section. The order shall be served by personal service or by registered or certified mail, return receipt requested, to the kennel owner affected or to a responsible employee of such kennel owner. The department order shall become final upon the expiration of the ten-day period for requesting an administrative hearing, unless a timely request for a hearing has been filed with the secretary.

(3) The written request for a hearing must be filed by the affected kennel owner with the secretary within ten days of receipt of the order of seizure or such order shall become final. The request for a hearing shall set forth the factual and legal grounds upon which the request is based. A hearing on the matter shall be held in accordance with 2 Pa.C.S. (relating to administrative law and procedure). The issue on appeal shall be limited to whether the department order was justified under paragraph (1).

(4) If the department's order has become final or after the exhaustion of any administrative appeals, in cases where the department's action is upheld, the dogs seized under the order shall be forfeited to the entity set forth in the department's order or to an entity approved by the department without compensation to the owner.

(1) If dogs are seized from a kennel under this act and an administrative appeal is filed, within ten days of filing the appeal, the owner of the licensed or unlicensed kennel shall either:

(2) The amount of the surety bond shall be based on the number of dogs seized and shall be equal to the estimated cost of transportation, care and feeding, pursuant to removal and impoundment, for a period of 31 days.

(2.1) Any surety bond posted pursuant to paragraph (1)(i) shall be payable to the Commonwealth of Pennsylvania, Department of Agriculture, Bureau of Dog Law Enforcement. The department shall remit such funds to the entity holding the dogs.

(2.2) Any deposit pursuant to paragraph (1)(ii) shall be held by the Department of Agriculture, Bureau of Dog Law Enforcement, until after the appeal. If, after the appeal, the dogs are not placed under the care of the owner from which they were seized, the department shall be entitled to keep the deposit and collect from the owner the remainder of the amount determined by the department applying the criteria set forth in paragraph (2).

(3) If, after appeal, the dogs are placed under the care of the owner from which they were seized, the department shall reimburse the owner for the deposit or the reasonable costs of the bond incurred under this subsection.

(4) The department shall guarantee payment of any difference in the amount paid to the holding entity and the amount owed under paragraph (2). The department may refer the matter to the Attorney General who may initiate an action in the appropriate court to recover the amount paid under this paragraph.

(1) sold or given freely for the purpose of vivisection, auction or research;

(2) conveyed in any manner for purposes of vivisection, auction or research;

(3) conveyed to a dealer;

(4) sold to pay the costs of their transportation, care and feeding under this section before the issuance of a final order and the exhaustion of all appeals; or

(5) spayed or neutered before the issuance of a final order and the exhaustion of all appeals.