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) "Applicant" means the person directly impacted by an error adversely affecting the opportunity to obtain or use a wildlife document.

  (b)(i) "Applicant error" means the applicant inadvertently or negligently fails to comply with the procedures and requirements to become eligible for, apply for, or obtain a wildlife document.

  (ii) "Applicant error" includes the negligent acts and omissions committed by an individual or entity acting in the applicant's behalf.

  (iii) "Applicant error" does not include knowing and willful noncompliance with division procedures and requirements by the applicant or any individual or entity acting in his or her behalf.

  (c) "Application" means a request made by the applicant to receive a wildlife document whether through a drawing, license agent, division employee, or online application.

  (d)(i) "Division error" means the division or its agent:

  (A) provides erroneous information to the applicant, which the applicant relies upon to his or her detriment in obtaining, or attempting to obtain a wildlife document;

  (B) fails to provide information to the applicant required by law, policy, practice, or circumstance that directly leads to the applicant's ineligibility, inability, or failure to apply for or receive a wildlife document;

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

  (D) incorrectly issues a wildlife document;

  (E) incorrectly denies issuing a wildlife document; or

  (F) experiences a computer, online, or other electronic systems failure that prevents an applicant from applying for or obtaining a wildlife document.

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

  (e) "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.

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

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

  (i) an applicant error on the application;

  (ii) the application lacking required information; or

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

  (h) "Third party error" means the applicant is prepared and capable of or has satisfied the procedures and requirements for obtaining a wildlife document, but the opportunity is lost due to an error by computer service, internet provider, 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) "Wildlife document" means any license, permit, tag, or certificate of registration issued by the division.