R657-27-7. License Agent Obligations

  (1) Each license agent must:

  (a) comply with the requirement and provisions provided in Section 23-19-15;

  (b) keep wildlife documents or license paper secure and out of the public view during business hours;

  (c) keep wildlife documents or license paper in a safe or locked cabinet after business hours;

  (d) display all signs and distribute guidebooks provided by the division;

  (e) have all sales clerks and management staff available for sales training;

  (f) maintain a License Agent Manual provided by the division and make it available to the license agent's staff, including supplemental manuals and addendums; and

  (g) retain agent copies of wildlife documents issued for as long as is necessary for the purposes of the license agent account reconciliation, at which time agent copies of licenses and permits must be destroyed by burning, shredding or submitting to the division.

  (h) allow agent employees access to the Utah.gov internet domain from a place wildlife documents are sold in order to provide access to online resources pertinent to issuing wildlife documents and assisting customers with wildlife document related questions.

  (2) If a license agent becomes delinquent on reporting or remission of proceeds Subsection (2)(a), (2)(b) or (2)(c) shall apply.

  (a) The license agent must immediately submit all reports when due along with the remission of required proceeds.

  (b) If the license sales report is submitted in accordance with Subsection (1)(a) but funds are not submitted with the report then the following applies:

  (i) A repayment plan may be structured in an agreement that will allow repayment in equal monthly installments for up to six months at a payment level that will provide repayment of the principal along with an annual percentage interest rate (APR) of 12 percent. This APR shall be calculated back to the date that the payment should have been received in accordance with Subsection (1)(a);

  (ii) If the ongoing monthly report and proceed submissions are not received for the future months, from the month of the agreement in accordance with Subsection (1)(a), then any agreement made in Subsection (2)(b)(i) may be terminated and all outstanding balances and accrued interest shall become due immediately, along with a penalty of 20 percent of the unpaid balance. Interest shall continue to accumulate on any unpaid balance, including the penalty, at the APR;

  (iii) Activate the bond and collect all remaining funds in accordance with Section R657-27-5 and hold any remaining unpaid balances of penalty, ongoing interest, and principle amounts as a receivable from the license agent; or

  (iv) If the license agent enters into an agreement with the division as provided in Subsection (2)(b)(i), and then violates the terms of that agreement, the division may begin the revocation process in accordance with Section R657-27-12.

  (c) Nothing in this rule shall be construed as requiring the division to offer a repayment agreement to a license agent delinquent on report submissions or proceeds remissions before taking action to revoke license agent status.

  (d) If the license agent does not submit a monthly report as provided in Subsection (1)(a), or if the license agent does not immediately pay the delinquent funds or fails to execute and abide by the terms of a repayment agreement as provided in Subsection (2)(b), the division may:

  (i) change the license agent's status to deactivated;

  (ii) withhold issuing additional wildlife document inventory;

  (iii) withhold access to the agent hunting and fishing licenses online sales system;

  (iv) collect the license agent's inventory of wildlife documents and license paper, and determine unaccounted inventory of wildlife documents and license paper;

  (v) assess a monetary penalty for each wildlife document and piece of license paper unaccounted for as provided in Subsection R657-27-8(2);

  (vi) take action to revoke license agent status;

  (vii) create a receivable from the license agent that equals the amount due as determined in Subsection (1)(a) and charge a 20 percent late penalty on the entire balance, and accumulate the unpaid balance, included penalties, at a 12 percent APR from the due date of the earliest date in which a license agent failed to submit a report in accordance with Subsection (1)(a); or

  (viii) activate the bond and collect all available funds remaining in accordance with Section R657-27-5 and hold any remaining unpaid balances of penalty, ongoing interest, and principle amounts as a receivable from the license agent.

  (e) A deactivated license agent that has not been revoked may regain active status by paying all due balances in full, and providing a bond, provided the license agent is otherwise in compliance with this rule or any other laws or agreements regulating license agent activity.

  (f)(i) The division reserves the right to unilaterally and immediately modify monthly reporting or payment requirements when any License Agent is:

  (A) in bankruptcy;

  (B) insolvent;

  (C) financially distressed;

  (D) unable to meet reporting or payment obligations; or

  (E) otherwise experiencing events or conditions that may compromise their ability to comply with reporting and payment obligations.

  (ii) The division may require license funds to be transferred to the division more frequently than monthly, and may require the use of Automated Clearing House payments, Electronic Funds Transfer payments, or other expedited methods of payment.