DAR File No. 28083

Natural Resources, Wildlife Resources

R657-42

Fees, Exchanges, Surrenders, Refunds and Reallocation of Wildlife Documents

NOTICE OF PROPOSED RULE

DAR File No.: 28083
Filed: 07/08/2005, 01:32
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to H.B. 177 and H.B. 181, 2005 General Legislative Session, and Wildlife Board meetings conducted for taking public input. (DAR NOTE: H.B. 177 is found at UT L 2005 Ch 115, and was effective 02/07/2005, and H.B. 181 is found at UT L 2005 Ch 117, and was effective 02/07/2005.)

Summary of the rule or change:

Subsection R657-42-5(5) is being amended to allow the director of the Division of Wildlife Resources (DWR) to determine whether a person participated in a wildlife-related activity for purposes of issuing a refund under Section 23-19-38, which was amended with H.B. 177. Section R657-42-10 is being amended to provide the provisions for issuing a duplicate license, permit, tag, or certificate of registration in accordance with Section 23-19-10, which was amended with H.B. 181.

State statutory or constitutional authorization for this rule:

Sections 23-19-1 and 23-19-38

Anticipated cost or savings to:

the state budget:

This amendment allows the director of DWR to determine whether a person participated in a wildlife-related activity for purposes of issuing a refund and provides the provisions for issuing a duplicate license, permit, tag, or certificate of registration. DWR determines that this amendment does not create a cost or savings impact to the state budget or DWR's budget.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

other persons:

This amendment allows the director of the Division of Wildlife to determine whether a person participated in a wildlife-related activity for purposes of issuing a refund and provides the provisions for issuing a duplicate license, permit, tag, or certificate of registration. This amendment does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

This amendment allows the director of DWR to determine whether a person participated in a wildlife-related activity for purposes of issuing a refund and provides the provisions for issuing a duplicate license, permit, tag, or certificate of registration. DWR determines that there are no compliance costs associated with this amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendments to this rule do not create an impact on businesses. Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Debbie Merrill at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at debbiemerrill@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2005

This rule may become effective on:

09/01/2005

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-42. Fees, Exchanges, Surrenders, Refunds and Reallocation of Wildlife Documents.

R657-42-5. Refunds.

(1) The refund of a license, certificate of registration or permit shall be made in accordance with:

(a) Section 23-19-38 and Rule R657-50;

(b) Section 23-19-38.2 and Subsection (3); or

(c) Section 23-19-38 and Subsection (4).

(2)(a) An application for a refund may be obtained from any division office.

(b) All refunds must be processed through the Salt Lake Division office.

(3) A person may receive a refund in accordance with Subsection (3) for a wildlife document if that person was deployed or mobilized on or after September 11, 2001, in the interest of national defense or national emergency and is thereby completely precluded from participating in the hunting or fishing activity authorized by the wildlife document, provided:

(a) the refund request is made to the division within one year of the end of the hunting or fishing season authorized by the wildlife document;

(b) the person surrenders the wildlife document to the division, or signs an affidavit stating the wildlife document is no longer in the person's possession; and

(c) the person verifies that the deployment or mobilization completely precluded them from participating in the activity authorized by the wildlife document, except as provided in Subsection (5); and

(d) the person provides military orders, or a letter from an employment supervisor on official public health or public safety organization letterhead stating:

(i) the branch of the United States Armed Forces, or name of the public health organization or public safety organization from which they were deployed or mobilized; and

(ii) the nature and length of their duty while deployed or mobilized.

(4) The division may issue a refund for a wildlife document if the person to whom it was issued dies prior to participating in the hunting or fishing activity authorized by the wildlife document, provided:

(a) The person legally entitled to administer the decedent's estate provides the division with:

(i) picture identification;

(ii) letters testamentary, letters of administration, or such other evidence establishing the person is legally entitled to administer the affairs of the decedent's estate;

(iii) a photocopy of the decedent's certified death certificate; and

(iv) the wildlife document for which a refund is requested.

(5) The director may determine that a person [deployed or mobilized, or a decedent ]did not have the opportunity to participate in [the]an activity authorized by the wildlife document.

(6) The division may reinstate a bonus point or preference point, whichever is applicable, and waive waiting periods, if applicable, when issuing a refund in accordance with Subsection (3).

R657-42-10. Duplicates.

(1) [Whenever any]If an unexpired wildlife document is destroyed, lost or stolen, a person may obtain a duplicate from a division office[, for five dollars or half of the price of the original wildlife document, whichever is less.] or online license agent, for a duplicate fee as provided in the fee schedule.

(2) The division may waive the fee for a duplicate unexpired wildlife document provided the person did not receive the original wildlife document.

(3) To obtain the duplicate wildlife document, the applicant [must]may be required to complete an affidavit testifying to such loss, destruction or theft[ pursuant to Section 23-19-10].

KEY: wildlife, permits

[January 15,] 2005

Notice of Continuation May 14, 2003

23-19-1

23-19-38

23-19-38.2

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Debbie Merrill at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at debbiemerrill@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.