R657-57-9. Variance Denial

  (1) The Division shall deny a variance request where the applicant:

  (a) fails to satisfy the variance criteria set forth in this rule;

  (b) is under a judicial or administrative order suspending his/her Utah hunting privileges for the species at the time:

  (i) the variance request is filed or at any time during an extension season; or

  (ii) the wildlife document application period expired for a bonus or preference point variance;

  (c) was legally ineligible to receive or use the wildlife document for which a season extension variance is sought;

  (d) is legally ineligible to hunt during the extension season;

  (e) is legally ineligible to use the weapon type authorized by the wildlife document during the original hunting season or the extension season;

  (f) provides false or misleading information on a material fact in the variance request application; or

  (g) provides false or misleading information on a material fact in a previous variance request application.

  (2) The Division may deny a variance request when it is contrary to sound public policy, wildlife management objectives, Division policies and interests, or the interests sought to be served by this rule.