No. 34015 (Amendment): Rule R657-42. Fees, Exchanges, Surrenders, Refunds and Reallocation of Wildlife Documents

(Amendment)

DAR File No.: 34015
Filed: 08/26/2010 09:27:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the Division of Wildlife Resources' (DWR) rule pursuant to fees, exchanges, surrenders refunds, and reallocation of permits and other documents.

Summary of the rule or change:

The proposed revisions to this rule clarify criteria for refunding permits under certain situations and established protocol for reissuing surrendered, unissued, or unpaid for permits.

State statutory or constitutional authorization for this rule:

• Section 23-19-38
• Section 23-19-1

Anticipated cost or savings to:

the state budget:

This rule amendment clarifies certain conditions to be met in order for a permit holder to surrender his permit and receive a refund. It requires small programming changes and can be implemented with the Division's current budget. Therefore, DWR determines that theses amendments will not create any cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget.

local governments:

Since the amendment clarifies the criteria for surrendering a hunting permit and would impact only individual permit holders, this filing does not create any direct cost or savings impact to local governments since 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.

small businesses:

This amendment clarifies criteria for hunters wishing to surrender a permit and receive a refund. It does not have an additional financial requirement on persons who wish to surrender a permit, and would not generate a cost or saving impact to small businesses.

persons other than small businesses, businesses, or local governmental entities:

This amendment clarifies criteria for hunters wishing to surrender a permit and receive a refund. It does not have an additional financial requirement on persons who wish to surrender a permit, and would not generate a cost or saving impact to other persons.

Compliance costs for affected persons:

DWR determines that these amendments will not create additional costs for hunters who wish to surrender a permit under the criteria to receive a refund. Participation is voluntary and the rule amendments do not create a cost or savings impact to individuals who participate in hunting in Utah.

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

The amendments to this rule do not create an impact on businesses.

Michael R. Styler, Executive Director

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:

• Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, 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:

10/15/2010

This rule may become effective on:

10/22/2010

Authorized by:

James Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-42. Fees, Exchanges, Surrenders, Refunds and Reallocation of Wildlife Documents.

R657-42-1. Purpose and Authority.

(1) Under the authority of Sections 23-19-1 and 23-19-38 the division may issue wildlife documents in accordance with the rules of the Wildlife Board.

(2) This rule provides the standards and procedures for the:

(a) exchange of permits;

(b) surrender of wildlife documents;

(c) refund of wildlife documents;

(d) reallocation of permits; and

(e) assessment of late fees.

 

R657-42-5. Refunds.

(1) The refund of a license, certificate of registration or permit shall be made in accordance with:

(a) Section 23-19-38 and Rule R657-50;

(b) Section 23-19-38.2 and Subsection (3); or

(c) Section 23-19-38 and this section.

(2)(a) An application for a refund may be obtained from any division office.

(b) All refunds must be processed through the Salt Lake Division office.

(3) A person may receive a refund for a wildlife document if that person was deployed or mobilized on or after September 11, 2001, in the interest of national defense or national emergency and is thereby completely precluded from participating in the hunting or fishing activity authorized by the wildlife document, provided:

(a) the refund request is made to the division within one year of the end of the hunting or fishing season authorized by the wildlife document;

(b) the person surrenders the wildlife document to the division, or signs an affidavit stating the wildlife document is no longer in the person's possession; and

(c) the person verifies that the deployment or mobilization completely precluded them from participating in the activity authorized by the wildlife document ; and

(d) the person provides military orders, or a letter from an employment supervisor on official public health or public safety organization letterhead stating:

(i) the branch of the United States Armed Forces, or name of the public health organization or public safety organization from which they were deployed or mobilized; and

(ii) the nature and length of their duty while deployed or mobilized.

(4) The division may issue a refund for a wildlife document if the person to whom it was issued dies prior to participating in the hunting or fishing activity authorized by the wildlife document, provided:

(a) The person legally entitled to administer the decedent's estate provides the division with:

(i) picture identification;

(ii) letters testamentary, letters of administration, or such other evidence establishing the person is legally entitled to administer the affairs of the decedent's estate;

(iii) a photocopy of the decedent's certified death certificate; and

(iv) the wildlife document for which a refund is requested.

(5) (a)(i) A person may receive a refund for a [surrendered]once-in-a-lifetime or limited-entry permit provided the permit is surrendered to the division no less than 30 days prior to the season opening date identified on the permit[ and the permit is:]

([a) a once-in-a-lifetime or limited entry permit; or

(b)]ii) A person may receive a refund for a general season permit that must be surrendered in order to accept a reallocated limited entry permit for the same species.

([6]b) (i ) The established wildlife document refund fee shall be deducted from all [refunds]refunds under subsection (5)(a).

([7]ii) A refund will not be issued where the wildlife document purchase price is equal to or less than the wildlife document refund fee.

([8]6) The director may determine that a person did not have the opportunity to participate in an activity authorized by the wildlife document.

([9]7) The division may reinstate a bonus point or preference point, whichever is applicable, and waive waiting periods, if applicable, when issuing a refund in accordance with this Section.

 

KEY: wildlife, permits

Date of Enactment or Last Substantive Amendment: [August 9], 2010

Notice of Continuation: May 8, 2008

Authorizing, and Implemented or Interpreted Law: 23-19-1; 23-19-38; 23-19-38.2

 

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