R657-57-13. Wildlife Board Variance Denial  


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  • (1) The Wildlife Board shall deny a variance appeal or 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 wildlife document privileges at the time the variance request is filed or at any time while the variance would be in effect;

    (c) was legally ineligible to apply for, obtain, or use the original wildlife document for which a variance is sought;

    (d) is legally ineligible to engage in the activity proposed for authorization in a variance;

    (e) is legally ineligible to use the weapon type or implement authorized by a wildlife document during the original season or the proposed substitute season;

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

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

    (2) The Wildlife Board may deny a variance appeal or 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.