No. 27240 (Amendment): R657-50. Error Remedy Rule

DAR File No.: 27240
Filed: 06/15/2004, 04:23
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to provide the standards and procedures in the identification and resolution of landowner association operator errors, which result in the incorrect processing of a voucher to obtain a wildlife document.

 

Summary of the rule or change:

Section R657-50-3 is being amended to add definitions for: "landowner association operator," "landowner association operator error," and "voucher." Section R657-50-6 is being amended to provide the standards and procedures for landowner association operator errors, which results in the incorrect processing of a voucher to obtain a wildlife document. Other changes are being made for consistency and clarity.

 

State statutory or constitutional authorization for this rule:

Sections 23-14-19, 23-19-1, and 23-19-38

 

Anticipated cost or savings to:

the state budget:

This rule is being amended to provide the standards and procedures in the identification and resolution of landowner association operator errors. The Division of Wildlife Resources (DWR) determines that this amendment does not create a cost or savings impact to the state budget or DWR's budget.

 

local governments:

None--This rule does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

 

other persons:

This rule is being amended to provide the standards and procedures in the identification and resolution of landowner association operator errors. The rule does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

 

Compliance costs for affected persons:

This rule is being amended to provide the standards and procedures in the identification and resolution of landowner association operator errors. The DWR determines that there are no additional compliance costs associated with this amendment.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule does not create an impact on businesses.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

 

Direct questions regarding this rule to:

Debbie Sundell at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/02/2004

 

This rule may become effective on:

08/03/2004

 

Authorized by:

Kevin Conway, Director

 

 

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-50. Error Remedy [Rule].

R657-50-1. Purpose and Authority.

(1) Under the authority of Sections 23-14-19, 23-19-1, and 23-19-38 this rule is established to provide guidelines for identifying and resolving errors resulting in the:

(a) rejection of a [license, permit, tag, or Certificate of Registration (COR)]wildlife document application;

(b) denial of a [license, permit, tag, or COR]wildlife document; or

(c) incorrect issuance of a [license, permit, tag or COR]wildlife document.

(2) This rule provides standards and procedures in the identification and resolution of division errors, third party errors and petitioner errors.

 

R657-50-2. Policy.

(1)(a) The Division receives hundreds of thousands of applications and issues tens of thousands of wildlife documents each year through a variety of distribution methods, including:

(i) drawings;

(ii) over-the-counter sales;

(iii) license agent sales; and

(iv) online sales.

(b) The application procedures and eligibility requirements for wildlife documents are set forth in Utah Code, Title 23, and Utah Administrative Code Rules, Title R657.

(c) The public must comply with the procedures and requirements set forth in the statutes and rules identified in Subsection (1)(b).

(d) The Division recognizes, however, that errors may be made by the Division in processing and issuing wildlife documents. Therefore, procedures are needed for evaluation, identification and resolution of errors.

(2)(a) The Division may notify petitioners of rejection status for wildlife document applications completed incorrectly as provided under the applicable application correction procedures set forth in the respective statutes and rules identified in Subsection (1)(b).

(b) The Division may use the data on file to correct rejection status applications. Ultimately, however, it is the responsibility of the petitioner to provide all necessary information as required on the application.

(3)(a) The Division may mitigate division and third party errors when issuing wildlife documents by:

(i) extending a deadline;

(ii) issuing a refund on an erroneously collected fee;

(iii) issuing the correct wildlife document; or

(iv) authorizing an incorrectly issued wildlife document.

(b) Any mitigation efforts shall be subject to the Division's determination that the petitioner shall not receive an unfair benefit from the mitigation.

(c) The Division may not mitigate errors caused in whole or part by the petitioner's knowing violation of statute, rule or proclamation.

(d) This rule applies only to errors adversely effecting a petitioner that cannot be remedied through compliance with existing processes and procedures set in statute, rule or proclamation.

(e) The Division may refund any fee collected in error.

 

R657-50-3. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2, and the applicable rules as provided in Section R657-50-1(b).

(2) In addition:

(a)(i) "Division error" means the Division or one of its license agents erroneously:

(A) provides information to the petitioner, which the petitioner relied upon to their detriment in obtaining, or attempting to obtain a wildlife document;

(B) rejects a properly completed and accurate wildlife document application;

(C) incorrectly issues a wildlife document; or

(D) incorrectly denies issuing a wildlife document.

(ii) "Division error" does not include any error made by the Division or its agents acting in reliance upon inaccurate information provided by the petitioner or any other individual acting in the petitioner's behalf.

(b) "Error Committee" means a committee established by the Director consisting of the Wildlife Chief, [Public]Administrative Services Chief, [and ]Licensing Coordinator, and Rules Coordinator, or their designees[, to:

(i) review complaints of errors on applications, permits, and fees;

(ii) determine facts;

(iii) apply the provisions of this rule; and

(iv) recommend resolutions to the Director's Office or Wildlife Board.

(c)].

(c) "Landowner association operator" for purposes of this rule, means:

(i) a landowner association or any of its members eligible to receive limited entry landowner permits as provided in Rule R657-43; or

(ii) Cooperative Wildlife Management Unit (CWMU) landowner association or its designated operator as provided in Rule R657-37.

(d) "Landowner association operator error" means a landowner association operator whose error or mistake results in an incorrect voucher redemption.

(e) "Petitioner" means the person directly impacted by an error adversely effecting the opportunity to obtain or use a wildlife document.

[(d)](f) "Petitioner error" means the petitioner did not comply with the procedures and requirements to apply for or obtain a wildlife document. Petitioner error includes errors made by a person acting on the petitioner's behalf.

[(e)](g) "Rejection status" means the application will not be considered for a wildlife document due to:

(i) a petitioner error on the application;

(ii) the application lacking required information; or

(iii) the petitioner does not meet a specific requirement.

[(f)](h) "Third party error" means the petitioner has satisfied the procedures and requirements for obtaining a wildlife document, but the opportunity is lost due to an error by mail carrier services or financial institutions.

(i) "Voucher" means a document issued by the division to a landowner association member or landowner association operator, to designate who may purchase a CWMU big game hunting permit or a limited entry landowner permit from a division office.

(j)[(g)] "Wildlife document" means any license, permit, tag, or certificate of registration issued by the Division.

 

R657-50-4. Division Error Procedures.

(1) A Division error, which results in the rejection or incorrect processing of an application to obtain a wildlife document through a drawing, may be handled as provided in Subsections (a) through (d).

(a) If the drawing has not been held, the Division may extend the application deadline and evaluate the application as though filed timely.

(b) If the drawing is over and the wildlife document applied for is available, the Division may issue the wildlife document.

(c) If the drawing is over and the wildlife document applied for is not available, the Division must follow the procedures set forth in Subsection (6).

(d) If an application is for one or more persons applying as a group, the Division may treat the remaining members of the group the same as the petitioner.

(2) A Division error, which results in an application denial for wildlife documents other than those issued through a drawing, may be resolved by extending the application deadline and evaluating the application as though filed timely.

(3) A Division error, which results in an impermissible surrender or exchange of a wildlife document may be resolved by extending the deadline necessary to validate the surrender or exchange, provided:

(a) the petitioner has not participated in the activity authorized by the surrendered wildlife document; and

(b) the petitioner shall be substantially prejudiced if relief under this section is not granted.

(4) A Division error, which results in the improper denial of a wildlife document, may be resolved as provided in Subsections (a) through (b).

(a) If the wildlife document erroneously denied is available, the Division may issue the wildlife document.

(b) If the wildlife document erroneously denied is not available, the Division must follow the procedures set forth in Subsection (6).

(5) A Division error, which results in the erroneous issuance of a wildlife document may be resolved as provided in Subsections (a) through (b).

(a) If the wildlife document requested by the petitioner prior to or at the time of the error is currently available, the Division may issue the wildlife document.

(b) If the wildlife document requested by the petitioner prior to or at the time of the error is currently not available, the Division must follow the procedures set forth in Subsection (6).

(6) Procedures for issuing wildlife documents otherwise unavailable for distribution are as follows:

(a) If the petitioner would have received a wildlife document absent an error, or if the petitioner received a wildlife document because of an error, the Division shall determine if an additional wildlife document beyond the applicable quota may be issued without detriment to the particular wildlife species in a specific hunt area.

(i) If issuing the additional wildlife document is not detrimental to the species in the hunt area, the Division may issue the wildlife document, except as provided in Subsection (A).

(A) Only the Wildlife Board may approve issuing an additional permit for a once-in-a-lifetime hunt.

(B) Additional [Cooperative Wildlife Management Unit]CWMU permits may not be issued.

(ii) If a wildlife document cannot be issued, the petitioner may be placed at the top of the alternate drawing list.

(iii) If a wildlife document is not issued under Subsection (i) or (ii), the Division may issue a bonus point or preference point, whichever is applicable.

(iv) If a bonus point or preference point does not apply, the Division may issue a refund of the wildlife document and handling fee.

(b) If the petitioner would not have received a wildlife document in a drawing, absent an error, the Division may issue a bonus point or preference point, where applicable.

(c) If the wildlife document was applied for through a Division drawing and the hunting season for that wildlife document is over, the Division may:

(i) issue a bonus point or preference point for which the application was submitted, where applicable; or

(ii) issue a refund of the wildlife document and handling fee where bonus points or preference points do not apply.

 

R657-50-5. Third Party Errors.

(1) The Division shall not be held responsible for third party errors, including those of a financial institution or postal service, however, the Division may mitigate a third party error as provided under this section.

(2)(a) The petitioner must:

(i) provide proof to the satisfaction of the Division that the error was due to a third party; and

(ii) provide written documentation from the third party verifying the error.

(b) If the petitioner cannot prove to the satisfaction of the Division that the error was due to a third party, no mitigating action will be taken.

(3) Third party errors which result in the rejection or incorrect processing of an application to obtain a wildlife document through a drawing shall be handled as provided in Subsections (a) through (c).

(a) If the error is found prior to the drawing and there is sufficient time to complete the processing of the application before the drawing for which the application was submitted, the application shall be included in the drawing as though filed timely.

(b) If the error is found after the drawing or there is not sufficient time to complete the processing of the application before the drawing, and the petitioner's application is rejected because of the error, or the petitioner otherwise fails to obtain the wildlife document applied for, the Division may issue a bonus point or preference point for the hunt applied for, where applicable.

(c) A refund of handling fees shall not be made for third party errors.

(4) A third party error, which results in a rejected application for a wildlife document issued outside of a drawing process, may be handled by extending the application deadline and evaluating the application as though filed timely.

(5) If an application is for one or more persons applying as a group, the Division may treat the remaining members of the group the same as the petitioner.

 

R657-50-6. Landowner Association Operator Errors.

(1)(a) The Division shall not be held responsible for landowner association operator errors, however, the Division may mitigate a landowner association operator error as provided under this section.

(b) The petitioner must provide proof to the satisfaction of the Division that the error was due to a landowner association operator.

(c) If the petitioner cannot prove to the satisfaction of the Division that the error was due to a landowner association operator, the division will take no mitigating action.

(2) A landowner association operator error, which results in the incorrect processing of a voucher to obtain a wildlife document, shall be mitigated as provided in Rule R657-42-11(3).

 

R657-50-7. Petitioner Errors.

A petitioner error will not be corrected, except as provided in the applicable proclamations and rules under the Utah Administrative Code, Title R657.

 

R657-50-[7]8. Limitations.

An error may be reviewed at any time, but a wildlife document may not be issued or exchanged after the season closure for the activity authorized by the particular wildlife document.

 

R657-50-[8. Error Committee.]9. Error Committee.

(1) The error committee shall:

(i) review complaints of errors on applications, vouchers, wildlife documents, and fees;

(ii) determine facts;

(iii) apply the provisions of this rule; and

(iv) recommend resolutions to the Director's Office or Wildlife Board.

(2) Any relief granted and decisions made pursuant to this rule shall be reviewed and approved by the Error Committee and is subject to review by the Division Director.

 

KEY: wildlife, permits

[April 16, 2002]2004

23-14-19

23-19-1

23-19-38