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This entry was published on 2014-09-22
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Damage appraisal and report
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 6-A
§ 105-e. Damage appraisal and report. The owner of a domestic animal
which has died as a result of rabies shall immediately upon discovery
thereof notify any assessor of the city or town where the death occurred
of the fact thereof, and that he claims indemnity therefor, and requires
that the damages be determined. Such assessor, immediately upon
receiving such notification, shall inquire into the matter. If he deems
it necessary, he shall examine witnesses in relation thereto. No
indemnification shall be paid unless there shall be presented to the
assessor a report from a laboratory officially approved for rabies
examination by the state commissioner of health, showing the presence of
rabies in each animal for which indemnity is claimed. If the assessor is
satisfied that the animal or animals died of rabies, he shall determine
the amount of the damages resulting therefrom and shall thereupon make a
report in the form prescribed by the commissioner and shall state
therein the amount of damages. The report shall be signed by the
assessor, one copy of which shall be accompanied by an official
laboratory report showing the presence of rabies. Two copies of the
report shall be filed by the assessor in the office of the county
treasurer, and a third copy shall be delivered by the assessor to the
claimant. The county treasurer shall immediately approve or disapprove
the claim. If he shall approve the claim, he shall endorse a copy of the
report with a statement in accordance with the form prescribed by the
commissioner certifying that the amount of the damage so reported by the
assessor has been set aside by him for payment to the claimant from
funds made available by the county for such purpose, and he shall
immediately forward the copy of the report with such endorsement thereon
to the commissioner. Upon receipt of such report, the commissioner
shall examine the same and may investigate the same on his own part. The
commissioner shall either confirm the amount of the damage reported by
the assessor or modify it by such increase or decrease of the amount
thereof as may appear proper and adequate in view of the facts and, if
the facts so warrant, may disallow the same. The decision of the
commissioner shall be in writing, and a copy thereof shall be mailed to
the county treasurer and to the claimant.