No. 38735 (5-year Review): Rule R156-79. Hunting Guides and Outfitters Licensing Act Rule

DAR File No.: 38735
Filed: 08/05/2014 01:35:32 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 79, provides for the licensure of hunting guides and outfitters. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-79-201(3)(a) provides that the Hunting Guides and Outfitters Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division director. This rule was enacted to clarify the provisions of Title 58, Chapter 79, with respect to hunting guides and outfitters.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was first enacted in September 2009, the Division received several written comments with respect to this rule. An 08/19/2009 email from Hunter Finch was received by the Division regarding this rule, wherein Mr. Finch recommended a change to an incorrect statute citation. The Division filed a nonsubstantive rule change in DAR No. 32964 to make the correction suggested by Mr. Finch. The Division also received an 08/30/2009 letter from Louise Stark/White Cloud Outfitters where she suggested some changes to the proposed new rule, but overall supported the proposed new rule. The Division received an 08/07/2009 email from Scott Brown, American Heart Association, supporting the CPR (cardiopulmonary resuscitation) requirements for hunting guides and outfitters. On 08/30/2009, letters were also received from George McQuiston in which he suggested changes to the new proposed rule, Alesha Williams/Flying J Outfitters in which it appears her comments were directed to the newly created statute (Title 58, Chapter 79) which was passed during the 2009 General Legislative Session and not necessarily the proposed new rule, and Tim Pilling in which he suggested changes to the new proposed rule. Based on written comments received by the Division which contained various suggested changes, the Division filed another proposed rule amendment filing in November 2009 and a 11/10/2009 rule hearing was conducted on those additional proposed amendments. The additional proposed amendments were ultimately made effective on 12/08/2009.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 79, with respect to hunting guides and outfitters. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

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

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Kristina Bean at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Effective:

08/05/2014

Authorized by:

Mark Steinagel, Director

---