If, in accordance with § 10-615 of the Criminal Law Article, the Board considers it necessary to take possession of a horse to protect it from neglect or cruelty, the Board immediately shall notify the owner or custodian of this action. The owner or custodian of the horse may petition the Board for return of the horse within 5 days after possession was taken. If a timely petition is not filed with the Board, the horse shall be treated as an estray. If the owner or custodian files a timely petition, the Board shall return the horse if the owner or custodian: Consents to providing proper attention to the horse, as specified by the Board; and Pays all costs and expenses incurred in taking possession of and stabling the horse during possession. If the owner or custodian does not consent or pay all costs and expenses, the horse shall be treated as an estray.