Section 105-E. Damage appraisal and report  


Latest version.
  • 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.