R657-53-19. Request for Variance

  (1) A person may make a request for a variance to this rule for the collection, importation, propagation, or possession of an amphibian or reptile classified as prohibited under this rule by submitting a request for variance to the division.

  (2)(a) A request for variance shall include the following:

  (i) the name, address, and phone number of the person making the request;

  (ii) the species or subspecies of the amphibian or reptile and associated activities for which the request is made; and

  (iii) a statement of the facts and reasons forming the basis for the variance.

  (b) In addition to the information required under Subsection (a), the person making the request must provide any information requested by the division necessary to formulate a recommendation to the Wildlife Board.

  (3) The division shall, within a reasonable time, consider the request and shall submit its recommendation to the Wildlife Board.

  (4) At the next available Wildlife Board meeting the Wildlife Board shall:

  (a) consider the division recommendation; and

  (b) any information provided by the person making the request.

  (5)(a) The Wildlife Board shall approve or deny the request based on the issuance criteria provided in Section R657-53-11.

  (b) If the request applies to a broad class of persons and not to unique circumstances of the applicant, the Wildlife Board shall consider changing the species classification before issuing a variance to this rule.

  (6)(a) If the request is approved, the Wildlife Board may impose any restrictions on the person making the request considered necessary for that person to maintain the standards upon which the variance is made.

  (b) Any restrictions imposed on the person making the request shall be included in writing on the certificate of registration which shall be signed by the person making the request.

  (7) A request for variance shall be considered a request for agency action as provided in Subsection 63G-4-201(3) and Rule R657-2.