R657-57-10. Wildlife Board Appeals

  (1) A person may appeal the Division's decision on a variance application to the Wildlife Board pursuant to the requirements of this rule. The appeal request must be in writing and received by the Division within 30 calendar days of the issuance date on the Division's decision.

  (2) The appeal shall contain the following information and documentation:

  (a) name, address and telephone number of the petitioner;

  (b) a statement of the variance relief sought and justification for the relief;

  (c) a description of the wildlife document application for which the variance is sought, including the document number, species and sex, season dates, and weapon type;

  (d) the original wildlife document for which the variance is sought;

  (e) a statement describing the degree of lost opportunity because of an event or condition; and

  (f) corroborating documentation of the event or condition listed in R657-57-7(3)(d) and (4)(d), which may include:

  (i) a physician's written statement;

  (ii) a certified death certificate photocopy;

  (iii) a photocopy of the military orders;

  (iv) a letter from an employment supervisor on official letterhead; or

  (v) court documentation.

  (3) The Wildlife Board may reject a variance appeal that is incomplete or that contains false or misleading information.

  (4) The Wildlife Board may require the petitioner to provide additional information, documentation, or clarification in conjunction with the variance appeal.

  (5) The Wildlife Board may set a time and date for a hearing on the variance appeal where the petitioner may be given an opportunity to address the Wildlife Board concerning the appeal.

  (a) The Wildlife Board will provide the petitioner notice of the date, time, and location of the hearing.

  (b) Failure to participate in the hearing may result in dismissal of the variance appeal.

  (6) The Wildlife Board may sustain, overturn, or modify the Division's decision which is the subject of the variance appeal, provided the relief granted is consistent with the standards, limitations, requirements, and procedures in R657-57-11 through R657-57-13.

  (7) The Wildlife Board will prepare a written decision on the variance appeal and mail a copy to the petitioner.