For all those who practice in dog law, this bark, errrrrrrr, case, is for you. Burkholder held a Class IV kennel license. The Dog Law allows a “Kennel Class IV” license holder to transfer no more than 60 dogs in a calendar year. The Department of Agriculture, Bureau of Dog Law Enforcement, conducted an inspection that revealed Burkholder transferred 62 dogs during 2017. Thus, the Department fined him $19,500 for the two transfers, which violated his license. Burkholder appealed and argued that: 1.) the Dog Law did not expressly preclude a holder of a Class IV license from transferring more than 60 dogs per calendar year, and 2.) the fine was excessive. The Commonwealth Court affirmed in part and reversed in part. First, the Court held that Burkholder violated the Dog Law when he transferred the 61st and 62nd dogs. But the Court vacated the fine, finding that the two unauthorized transfers were two separate violations of the Dog Law, not two continuing violations. Therefore, the Department erred as a matter of law by imposing ongoing penalties for the two discrete unauthorized transfers.
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