A. 
Registration required.
(1) 
A person may not own, keep, or harbor a dog, cat, or ferret four months old or older without a current Queen Anne's County registration.
(2) 
Registration is permanent and remains with the animal for life.
(3) 
Registration may not be transferred from one animal to another animal.
(4) 
A person found in violation of civil or criminal animal cruelty charges by a court of law or in violation of § 9-21 by the Commission may not register an animal in Queen Anne's County for three years from the date of violation. On conviction of subsequent offenses, registration must be approved by the Commission.
(5) 
Community cats shall be exempt from this section.
B. 
Place of registration. Registrations shall be sold through the Animal Services Center or any location designated by the County Commissioners.
C. 
Rabies certificate required. Before a registration shall be issued, the owner or custodian shall produce a valid rabies certificate issued by a licensed veterinarian proving that the dog, cat, or ferret is currently vaccinated against rabies.
D. 
Microchip required. Before a registration may be issued, animals shall have an implanted microchip. The Commission may, under appropriate circumstances, waive the microchip requirement.
E. 
Registration information required. A registration shall include the following:
(1) 
Date of issuance;
(2) 
Owner's name, address, and telephone number;
(3) 
Name, breed, color, and sex of the animal;
(4) 
Rabies vaccination and expiration date;
(5) 
Rabies tag number;
(6) 
Microchip number;
(7) 
Photo of the animal; and
(8) 
Name of the issuing party.
F. 
Tag. A registration tag shall be issued with the registration certificate. In the event that the microchip requirement has been waived by the Commission, tags shall be worn by dogs at all times, except when participating in a competition where such displays are prohibited, when hunting, or while undergoing organized training. Tags shall be worn on a collar or harness around the dog's neck or body and be easily visible. Owners and custodians of dogs, cats, and ferrets must retain possession of tags and certificates of registration for the life of the registered animals or until such animals are transferred to another owner or custodian.
G. 
Inspections. The registration certificate shall be made available for inspection, upon request, by an Animal Control Officer, Environmental Health Officer, or any law enforcement officer.
H. 
Registration replacement. If a registration certificate and/or tag is lost, the owner or custodian may obtain a duplicate registration certificate and/or tag.
I. 
Change in dog, cat, or ferret ownership. If the ownership of a dog, cat, or ferret changes, the new owner may obtain a transfer registration if the dog, cat, or ferret has a valid Queen Anne's County animal registration and a current rabies vaccination at the time of transfer of ownership.
J. 
Registration records. The Animal Services Center shall provide all registration information generated under this section to the Animal Control Office, Environmental Health Department, and the Animal Control Commission as may be requested.
A. 
A "commercial animal establishment" is any business whose primary or secondary purpose is the sale, transfer, or conveyance of any animal or animal service for money, except animals or services deemed livestock or domestic livestock under this chapter. Commercial animal establishments include, without limitation: an enterprise engaged in sale of animals; a breeder; a humane society, animal rescue, or similar organization; a pet shop; a petting zoo; a grooming shop; a mobile grooming establishment; an auction; a zoological park; a circus; a performing animal exhibition; a boarding or breeding kennel; or an establishment with the purpose of selling, training, or leasing guard dogs.
B. 
License required.
(1) 
Commercial animal establishments may not be operated without obtaining a license. Licenses must be renewed annually.
(2) 
Exemptions. Any facility owned or operated by a government agency or entity shall be exempt from commercial animal establishment license requirements.
C. 
Licensing procedure.
(1) 
Initial commercial animal establishment license.
(a) 
Applications. Applications shall be submitted to the Animal Control Commission and include:
[1] 
Completed application form; and
[2] 
Written verification from the Queen Anne's County Department of Planning and Zoning that the application complies with zoning and land use regulations and is a permitted use, or that they do not apply to the use proposed.
(b) 
Fees. Applicable license fees as set forth in the animal control regulations shall be submitted to the Animal Control Office.
(c) 
Inspection. Facility shall be inspected by an Animal Control Officer.
(d) 
Review. Application shall be reviewed by the Animal Control Commission.
(e) 
License. Upon approval, license shall be issued by the Animal Control Commission.
(2) 
Renewal commercial animal establishment license.
(a) 
Applications. Applications shall be submitted to the Animal Control Commission.
(b) 
Fees. Applicable license fees as set forth in the animal control regulations shall be submitted to the Animal Control Office.
(c) 
Inspection. Facility shall be inspected by an Animal Control Officer.
(d) 
License. Upon approval, license shall be issued by the Animal Control Commission.
D. 
Inspections. An Animal Control Officer shall be permitted to inspect, at any time and unannounced, all animals and all areas where animals are kept or have access. Failure to allow inspection may result in suspension or revocation of license.
E. 
License display. A commercial animal establishment license shall be displayed in a conspicuous place on the premises of the establishment.
F. 
License transfer. Upon change of ownership of a commercial animal establishment, the new owner may have the current license transferred to his/her name upon completion of a successful inspection by an Animal Control Officer and payment of a transfer fee to the Animal Control Office.
G. 
Individual facilities. Every facility location subject to this chapter shall be considered a separate enterprise requiring an individual license.
H. 
Previous conviction. A person found guilty of cruelty to animals may not be issued a license to operate a commercial establishment without approval of the Commission.
A. 
Violation of law. An Animal Control Officer may apply to the Chairperson or designee of the Commission for a temporary cease and desist order against continued operation of an establishment if the Officer has reason to believe that a person holding a license for a commercial animal establishment has done either of the following:
(1) 
Refuses or fails to comply with this chapter or any law governing the control, protection, and keeping of animals; or
(2) 
Has withheld or falsified any information on the application.
B. 
Seizure. Upon issuance and delivery of such an order to the commercial animal establishment, Animal Control Officers may immediately seize and impound animals in accordance with § 9-23 of this chapter.
C. 
Hearing. The Animal Control Commission shall hold a hearing within 30 days to determine whether the license shall be suspended or revoked, or whether the cease and desist order shall be rescinded.
D. 
Revocation. Licenses that have been revoked are fully terminated. Reapplication may be made following the licensing procedures set forth in § 9-13C(1).
A. 
It shall be the duty of every owner of an animal, or anyone having an animal in his or her possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage that might result from his/her animal's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, ferocity, or any other motive.
B. 
The Commission is empowered under § 9-7 of this chapter to enact, amend, and enforce standards of care by resolution, regulation standards, fees, fines and schedules pursuant to this section, which shall be available to the public.
C. 
Minimum standards. The Commission shall develop and update a comprehensive set of regulations to be used for the enforcement of the following minimum standards. These regulations will be used by Animal Control Officers to ensure the proper and uniform enforcement of these standards.
(1) 
In general. An owner or custodian of an animal may not fail to provide the animal with:
(a) 
Sufficient, wholesome, and nutritious food;
(b) 
Potable water in sufficient quantities;
(c) 
Proper air, shelter, space, light, and protection from weather;
(d) 
Prompt veterinary care when needed to prevent suffering; and
(e) 
Humane care and treatment.
(2) 
Livestock and domesticated livestock. Nothing in this section may be construed as imposing standards more stringent than normally accepted husbandry practices for such animals.
(3) 
Vehicles. A person may not allow an animal to ride in the unenclosed area of a motor vehicle unless the animal is confined by a securely affixed, well-ventilated container, cage, or other device designed to safely prevent the animal from falling or jumping from the motor vehicle. Animals may not be tethered, chained, or loose in the unenclosed area of a vehicle.
(4) 
Extreme weather conditions. Any dog shall be brought inside a home, building or other suitable shelter within 30 minutes of the onset of extreme weather conditions which shall be defined for purpose of this provision as temperatures above 90° or below 32° F. or during active weather warnings issued by the National Weather Service or the Queen Anne's County Department of Emergency Services.
The parent or guardian of a minor who owns or keeps an animal shall be responsible for ensuring compliance with the provisions of this chapter and Maryland State Law.
A. 
Prohibited. Animals at large are prohibited.
(1) 
Includes any animal off the property of the owner or custodian without being under restraint.
(a) 
Domestic animals. Under restraint means:
[1] 
Secured by a leash or lead; or
[2] 
Under the effective control of its owner, custodian, or other responsible person (at heel and directly beside) by way of training of the animal and handler; or
[3] 
Within a vehicle being driven, standing, or parked in a manner that does not endanger the animal's health or safety.
(b) 
Unattended or domesticated livestock. Under restraint means confined within a fence or enclosure of suitable material capable of holding the animal.
(2) 
Does not include:
(a) 
An animal at large with a person in immediate pursuit.
(b) 
An animal that is unrestrained in a permitted or appropriate area.
(c) 
Community cats.
(d) 
An animal engaging in supervised obedience training or hunting activities in an authorized area and supervised by a competent person.
B. 
School and County property.
(1) 
An animal may not be on school grounds on a day when school is in session without the permission of the proper authority.
(2) 
If in a public recreation area, the animal must be controlled by a leash or other similar restraining device.
(3) 
An animal may not be on any County property that is properly posted against such animals.
C. 
Duty to report. A person who observes an animal at large shall report the finding to the Animal Control Office. A person who takes custody of an animal at large must surrender the animal to the Animal Control Office or the Animal Services Center.
D. 
Pursuit. An Animal Control Officer who observes an animal at large may pursue that animal on public or private property.
E. 
Animal pursuing livestock, domesticated livestock, domestic animals or human beings. A person may kill any animal which he or she sees in the act of pursuing, attacking, wounding, or killing any poultry, livestock, domesticated livestock, any domestic animal, or a human being.
A. 
Private property. The owner or custodian of an animal may not allow his or her animal or any animal under his or her care to defecate or urinate on the private property of another without the consent of the owner of the property.
B. 
Public property. The owner or custodian of an animal may not allow his or her animal or any animal under his or her care to defecate or urinate on public property unless the owner or custodian of the animal immediately thereafter removes and disposes of any and all solid waste in a sanitary manner.
A. 
Public nuisance animal.
(1) 
Includes any animal which has engaged in one or more of the following behaviors:
(a) 
Is repeatedly at large;
(b) 
Molests pedestrians or passersby;
(c) 
Chases vehicles or bicycles;
(d) 
Barks or makes other harsh noise as to disturb the quiet, comfort, or repose of members of the community as reflected by a reasonable person with normal sensitivities to noise;
(e) 
Defecates or urinates on private property without permission from the property owner;
(f) 
Molests, defaces or destroys the property of another;
(g) 
Does or performs any other acts which are determined by the Commission, after notice to the owner or custodian and a hearing, to be a public nuisance by virtue of acting in any manner which is injurious to the public health, welfare, or safety.
(2) 
Does not include:
(a) 
Any activity or behavior resulting from a farm operation, including, but not limited to:
[1] 
Production of livestock;
[2] 
Pasturing;
[3] 
Raising of poultry and fowl;
[4] 
Production of eggs;
[5] 
Production of milk; or
[6] 
Production of bees and honey.
(b) 
Community cats.
B. 
Regulation. A person who keeps any animal which has been deemed a public nuisance under this chapter is subject to the regulations and orders set forth by the Commission.
C. 
Seizure and impoundment not covered under § 9-20 of this chapter.
(1) 
Animal Control Officers are not authorized to seize and impound an animal that has engaged in the conduct defined in Subsection A(1)(d) and (e) of this section, or community cats merely for being at large.
(2) 
Animal Control Officers are authorized to seize and impound an animal if they have witnessed that the animal has engaged in conduct defined in Subsection A(1)(a) through (c), (f) and (g) of this section or if the owner or custodian has been found in violation within the past 12 consecutive months for the same offense.
(3) 
Seized and/or impounded animals shall be held and redeemed in accordance with § 9-23.
A. 
Dangerous animal.
(1) 
Includes any animal that has engaged in one or more of the following behaviors:
(a) 
Inflicted serious physical injury or death to a human without provocation;
(b) 
Inflicted injury of any kind on a human being in more than one incident, without provocation, off the property of the owner or custodian;
(c) 
Killed a domestic animal, domesticated livestock, or livestock off the property of the owner or custodian without provocation;
(d) 
Attacked and caused injury to a domestic animal, domesticated livestock, or livestock two or more times off the property of the owner or custodian, without provocation; or
(e) 
Is owned, trained, or harbored primarily or in part for the purpose of engaging in animal fighting.
(2) 
Does not include an animal that has inflicted threat, injury, or damage upon any person who:
(a) 
At the time was committing a willful trespass or other tort upon the premises occupied by the owner or custodian of the animal;
(b) 
Was teasing, tormenting, abusing, or assaulting the animal;
(c) 
Has in the past been observed or reported to have teased, tormented, abused, or assaulted the animal;
(d) 
Was committing or attempting to commit a crime;
(e) 
Was injured because the animal was protecting or defending its young or other animals; or
(f) 
Was injured because the animal was responding to its own pain or injury.
B. 
Procedure involving potentially dangerous animals.
(1) 
Any animal allegedly exhibiting behavior of a dangerous animal described in § 9-20A of this chapter may be classified as a potentially dangerous animal by the Manager and seized.
(2) 
As soon as practicable, the Commission shall conduct a hearing in which the owner or custodian shall appear before the Commission. Based on all evidence presented at the hearing, including the nature of the animal, the Commission shall render a determination expeditiously as to whether the animal is a dangerous animal.
(3) 
If the Commission determines that the animal is a dangerous animal, the Commission may set appropriate conditions for the release of the animal to the owner or custodian, direct the animal be removed from the owner or custodian and rehomed, direct the animal be held for further evaluation, or that the animal be euthanized.
(4) 
Animals seized under this section shall be held and redeemed in accordance with § 9-23.
C. 
Surrender required. A person may not refuse to surrender to an Animal Control Officer an animal that has been deemed potentially dangerous.
D. 
Violation uncorrectable.
(1) 
If the violation cannot be immediately corrected, the animal may be impounded.
(2) 
If the animal is impounded, the owner or custodian shall be notified to appear before the Commission to argue the disposition of the animal.
E. 
Proof of subsequent compliance. If the owner or custodian of a dangerous animal impounded for a violation of this chapter presents proof to the Manager that the animal will now be kept in compliance with this chapter, the animal may be redeemed in accordance with § 9-23D.
F. 
Failure to respond. If the owner or custodian of a dangerous animal fails to provide proof that the animal will be in compliance with this chapter and all directives of the Commission, fails to appear at a hearing before the Commission, or fails to redeem the animal from the Animal Services Center within 72 hours of notice that the animal may be redeemed, the animal may be humanely euthanized upon approval of the Commission after a hearing.
G. 
Dangerous animal registration required.
(1) 
Animals deemed to be dangerous by the Commission shall be registered as a dangerous animal with Animal Services prior to redemption from impoundment, or within five days of the Commission's decision if the animal is not impounded.
(2) 
Dangerous animal registration must be renewed annually and for a period of not less than five years from the date of the decision by the Commission.
(3) 
Owners who move to the County with an animal deemed dangerous by another jurisdiction are required to register.
(4) 
Failure to register as a dangerous animal may result in seizure, impoundment and humane euthanization.
H. 
Notice. The owner or custodian of an animal deemed to be a dangerous animal shall immediately notify the Animal Control Office if the animal becomes at large for any reason.
A. 
Prohibited. Cruelty to animals is prohibited.
(1) 
Includes any of the following acts or activities:
(a) 
Abandon an animal;
(b) 
Tease, torture, torment, deliberately incite, cruelly beat or kill, intentionally injure, mutilate, intentionally run down with a vehicle, overdrive, overload, or otherwise abuse an animal;
(c) 
Administer poison to any animal or knowingly place or leave any poisonous or other harmful substance with the intent to injure or kill any animal other than vermin;
(d) 
Use or permit any animal to be used for the purpose of fighting, raise for the purpose of fighting, or organize or participate in any type of animal fighting;
(e) 
Inflict suffering or pain upon an animal under the individual's charge or custody;
(f) 
Breed an animal at an age and/or with the frequency that does not conform to the standards set out in the regulations propounded by the Commission;
(g) 
Fail to provide an animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter, or protection from the elements;
(h) 
Leave any domestic animal unattended in a manner that endangers the health or safety of the animal; or
(i) 
Shoot any domestic animal, except as provided under § 9-17F of this chapter or to humanely destroy such animal because of sickness, disease, or injury.
(2) 
Does not include any of the following acts or activities:
(a) 
Legitimate medical and scientific activities, food processing, customary and normal veterinary and agricultural husbandry practices, and hunting and trapping activities may not be construed as prohibited by any provision of this section if such activities employ the most humane method reasonably available;
(b) 
Training of any animal for police work by the County, state or any political subdivision shall not be considered as teasing, tormenting, or deliberately inciting an animal; or
(c) 
Returning an eartipped community cat to their original location as part of a trap-neuter-return program.
(3) 
Penalty. A person who violates this section may receive a civil citation and be liable for the preset fine that is set forth for the civil infraction in the schedule of fines published by the Commission. Nothing herein shall prevent an Animal Control Officer from charging the conduct, instead, as a misdemeanor criminal violation of the Maryland State Cruelty Statute. A person found in violation of this section in either instance shall not be permitted to acquire or register an animal for a period of three years.
B. 
Seizure.
(1) 
If an Animal Control Officer determines that the health or safety of an animal is in immediate danger because of a cruel or neglectful act, the Animal Control Officer may remove the animal from any place, except the interior of a private residence, and seize the animal.
(2) 
For the purposes of this subsection, an Animal Control Officer may enter upon private property without the consent of the property owner.
(3) 
Animals seized under this section shall be held and redeemed in accordance with § 9-23.
C. 
Removal from vehicle.
(1) 
If an Animal Control Officer or any public safety officer finds an animal unattended as described in Subsection A(1)(h) of this section, the Animal Control Officer or public safety officer may use reasonable force to remove the animal from the vehicle.
(2) 
Any Officer who uses reasonable force under this subsection may not be held liable for any damages resulting from the use of that force.
A. 
Vaccination required.
(1) 
Every resident of the County owning a dog, cat, or ferret four months old or older shall have the dog, cat, or ferret vaccinated with an anti-rabies vaccine approved by the Maryland Public Health Veterinarian.
(2) 
The vaccination shall be administered by a licensed veterinarian as provided by Maryland State Law.
B. 
Rabies certificate.
(1) 
The rabies certificate issued by the veterinarian shall be carefully preserved by the owner or custodian of that dog, cat, or ferret.
(2) 
The owner or custodian of the dog, cat, or ferret shall promptly exhibit the rabies certificate upon request for inspection by an Animal Control Officer, health officer, or any law enforcement officer, and shall also exhibit the certificate to the Animal Services Center staff when redeeming the animal at the Center.
C. 
Rabies tag. Rabies tags shall be issued with rabies certificates. Rabies tags shall be worn by dogs at all times in the same manner as described in § 9-12F of this chapter.
D. 
Exposure to rabies.
(1) 
Any dog, cat, or ferret exposed to rabies shall be quarantined for 10 days following the exposure, or for a longer period as may be established by the Department of Environmental Health. The Maryland Department of Agriculture Veterinarian shall determine the length and location of quarantine for affected livestock.
(2) 
The quarantined animal shall be confined to a house, garage, or other escape-proof enclosure or building approved by the Department of Environmental Health.
(3) 
The quarantined animal shall be prevented from having any contact with other animals or any person except its owner, custodian, or caretaker.
(4) 
The quarantined animal may not be removed from the quarantine premises unless permission is first obtained from the Department of Environmental Health. Any removal is subject to any conditions set by the Department of Environmental Health.
(5) 
If the quarantined animal becomes ill or begins to show behavioral changes, the owner or custodian shall immediately notify the Department of Environmental Health, which shall determine the proper course of action.
(6) 
If the quarantined animal dies, the owner or custodian shall immediately notify the Department of Environmental Health and make the animal available for rabies testing.
(7) 
If the quarantined animal escapes, the owner or custodian shall immediately notify the Animal Services Center, the Animal Control Office, and the Department of Environmental Health.
(8) 
Until the quarantined animal is released by the Department of Environmental Health from quarantine, the owner or custodian may not kill, give away, or sell, or otherwise dispose of the animal without the written permission of the Department of Environmental Health.
(9) 
If a veterinarian's examination is not required on the last day of the quarantine, the owner or custodian shall report to the Department of Environmental Health the health status of the quarantined animal or make the animal available for inspection by the Department of Environmental Health or an Animal Control Officer.
(10) 
If the quarantined animal has a current vaccination against rabies at the time of exposure, the owner or custodian should take the animal to a licensed veterinarian within 10 days of exposure for a physical rabies exam and the veterinarian will make a determination whether the animal needs a booster rabies shot. This vaccination procedure is optional for farm animals.
(11) 
If the quarantined animal does not have a current vaccination against rabies at the time of exposure, the owner or custodian shall take the animal to a licensed veterinarian within 10 days of exposure for a physical rabies exam and the animal should be vaccinated with inactive rabies vaccine. This vaccination procedure is optional for farm animals.
(12) 
If an animal is not properly quarantined, it shall be impounded and a citation for failing to comply with this section may be issued by an Animal Control Officer.
A. 
Animal in violation of law.
(1) 
An animal observed and/or found in violation of this chapter or Maryland State Law may be seized and impounded and housed at the Animal Services Center or its designated facility.
(2) 
In addition to, or in lieu of, seizing or impounding an animal, an Animal Control Officer shall provide notice to its owner or custodian within 24 hours after observing and/or finding the animal in violation, and may issue to the owner or custodian of the animal a citation for the violation or apply for criminal charges in reference to the violation.
B. 
Notification. Upon seizure or impoundment, Animal Control Office personnel, in conjunction with the Animal Services Center, shall promptly notify owners or custodians of the details of the seizure or impoundment and the conditions, if any, for redemption.
C. 
Seizure; impoundment.
(1) 
Subject to Subsection C(3) of this section, an impounded domestic animal shall be kept for not fewer than seven days, unless an owner or custodian redeems the impounded domestic animal, pursuant to § 9-23D of this chapter, within seven days. The holding period does not apply to animals under the age of three months.
(2) 
At the request and expense of the owner or custodian, and with the approval of the Manager, the impoundment may be at a veterinarian or licensed kennel of the owner or custodian's choosing. The veterinarian or kennel must be physically located in Queen Anne's County.
(3) 
If the animal is contagiously ill or severely injured, it may be immediately humanely euthanized.
(4) 
Any impounded community cat may immediately be sterilized, vaccinated, eartipped and returned to the location where they were trapped or may immediately be directed to a trap-neuter-return program.
D. 
Redemption.
(1) 
Before an owner or custodian can redeem an impounded or seized animal, the owner or custodian shall:
(a) 
Provide evidence of a current rabies vaccination and possess or purchase a valid County animal registration; and
(b) 
Comply with all directives of the Commission and correct all violations of this chapter which resulted in the impoundment or seizure of the animal.
(2) 
In addition, Animal Services may require payment of all applicable fees and costs, including veterinary fees, incurred by the Animal Services Center or designated facility in connection with the housing and care of the animal.
(3) 
Notwithstanding the above, community cat caregivers are empowered to reclaim impounded community cats without proof of ownership and without paying any fees and/or charges solely for the purpose of carrying out trap-neuter-return and/or returning eartipped community cats to their original locations.
E. 
Abandoned animal. Except as otherwise provided in this chapter, an animal impounded and not redeemed by its owner or custodian within seven days shall be deemed abandoned and become the property of the Animal Services Center. Animals being held pending a hearing before the Commission or any other legal proceeding shall not be considered abandoned.
F. 
Cruelty.
(1) 
Notwithstanding any other provisions of this chapter, any animal seized or impounded as a result of an alleged violation of § 9-21 (Cruelty) shall not be redeemed unless approval is granted by the Animal Control Commission.
(2) 
In such cases, the owner or custodian shall be notified by the person taking possession of the animal of the seizure and impoundment and of the administrative remedies available under this subsection.
(3) 
The Animal Control Commission shall conduct a hearing and following such hearing, may allow return of the animal upon such conditions as the Commission may determine to be proper or make other appropriate disposition of the animal.
(4) 
If the owner or custodian is notified and fails to file a petition within the prescribed time period, or if the owner and custodian is unknown and cannot with reasonable effort be ascertained for a period of 20 days from the date of impoundment or seizure, the animal shall be deemed abandoned and become the property of the Animal Services Center.
A person who strikes a domestic animal with a motor vehicle shall immediately notify the State Police or local police and remain at the scene until help arrives for the injured animal.
A. 
Restriction. A person may not keep a wild animal in Queen Anne's County unless a permit to keep the animal has been issued by the Maryland Department of Natural Resources, if required.
B. 
Registration. If a wild animal is kept in the County, the animal must be registered with the Animal Control Office of Queen Anne's County, in accordance with the provisions of regulations issued by the Commission.