R657-22-5. Conditions for Approval Initial and Renewal Applications

  (1) Initial and renewal applications may be denied by the division if the applicant or operator, or any of its agents or employees:

  (a) violated any provision of this rule , the Wildlife Resources Code, a CHA certificate of registration, or the CHA application;

  (b) obtained or attempted to obtain a CHA certificate of registration by fraud, deceit, falsification, or misrepresentation;

  (c) is employed, contracted through writing or verbal agreement, assigned, or requested to apply and act as the operator by a person, group, or business entity that will directly or indirectly benefit from the CHA, but would otherwise be ineligible under this rule or by virtue of suspension under Section 23-19-9 to operate a CHA if they applied directly as the operator; or

  (d) engaged in conduct that results in the conviction of, a plea of no contest to, a plea held in abeyance, or a diversion agreement to a crime of moral turpitude, or any other crime that when considered with the functions and responsibilities of a CHA operator bears a reasonable relationship to the operator's or applicant's ability to safely and responsibly operate a CHA.

  (2) Initial and renewal applications may be denied by the division if CHA operations may present unacceptable risk to wildlife populations.

  (3) If an application is denied, the division shall state the reasons in writing within 30 days of denial.