R657-57-4. Division Variance Authority Scope

  (1)(a) The Division may grant a season extension variance extending the hunting season on an applicant's wildlife document to the same or substantially similar hunt in the following year, provided:

  (i) the variance request involves a wildlife document for a:

  (A) once-in-a-lifetime hunt under R657-5;

  (B) conservation permit hunt under R657-41;

  (C) limited entry landowner permit hunt under R657-43;

  (D) poaching-reported reward permit hunt under R657-5; or

  (E) CWMU hunt obtained through the operator or landowner under R657-37-9.

  (ii) the applicant was substantially precluded during the prescribed hunting season from using a wildlife document because of a qualifying event or condition set forth in R657-57-6; and

  (A) the qualifying event or condition was not the result of the applicant's willful misconduct or gross negligent acts or omissions; and

  (B) the applicant was unsuccessful in harvesting an animal for which the wildlife document was issued; and

  (iii) the season extension occurs the following year and is restricted to the same species, gender, unit, weapon type, and season as the original wildlife document;

  (iv) any changes in unit descriptions and season dates in the extension year are applied; and

  (v) the variance is otherwise requested and issued in compliance with the standards, requirements and procedures set forth in this rule.

  (b) Any waiting period associated with a wildlife document for which a season extension variance is granted begins on the date the original wildlife document is obtained.

  (2)(a) The Division may grant a variance by restoring forfeited bonus points and waiving an incurred waiting period, provided:

  (i) the variance request involves a wildlife document for a:

  (A) limited entry hunt or once-in-a-lifetime hunt; or

  (B) any other hunt that triggers a waiting period to participate in a Division administered drawing;

  (ii) the applicant was substantially precluded during the prescribed hunting season from using a wildlife document because of a qualifying event or condition set forth in R657-57-6; and

  (A) the qualifying event or condition was not the result of the applicant's willful misconduct or gross negligent acts or omissions; and

  (B) the applicant was unsuccessful in harvesting an animal for which the wildlife document was issued; and

  (iii) the variance is otherwise requested and issued in compliance with the standards, requirements and procedures set forth in this rule.

  (b) The Division may not restore a bonus point on a wildlife document that did not cause a bonus point forfeiture.

  (3)(a) The Division may grant a variance by restoring forfeited preference points, provided:

  (i) the variance request involves a wildlife document obtained through a Division administered drawing and for which preference points are awarded to unsuccessful applicants and forfeited by successful applicants;

  (ii) the applicant was substantially precluded during the prescribed hunting season from using a wildlife document because of a qualifying event or condition set forth in R657-57-6; and

  (A) the qualifying event or condition was not the result of the applicant's willful misconduct or gross negligent acts or omissions; and

  (B) the applicant was unsuccessful in harvesting an animal for which the wildlife document was issued; and

  (iii) the variance is otherwise requested and issued in compliance with the standards, requirements and procedures set forth in this rule.

  (4)(a) The Division may grant a variance by awarding a bonus or preference point to a person who filed an untimely wildlife document application in a Division administered drawing, provided:

  (i) the variance request involves a wildlife document for any hunt identified in Subsections (2)(a)(i) or (3)(a)(i);

  (ii) the applicant was significantly impaired from filing a timely application in a Division administered drawing because of a qualifying event or condition set forth in R657-57-6;

  (iii) the untimely application was rejected and a bonus or preference point was not awarded for the selected species;

  (iv) the applicant would have been eligible to receive the bonus or preference point had the application been timely filed; and

  (v) the variance is otherwise requested and issued in compliance with the standards, requirements and procedures set forth in this rule.

  (5) A Division administered drawing for purposes of subsection (2) does not include a drawing conducted at a wildlife exposition pursuant to R657-55.

  (6) The Division may not refund wildlife document fees, except as authorized in Sections 23-19-38, 23-19-38.2 and R657-42-5.