Wyoming Game and Fish Commission: Home State License Suspension Procedures for the Wildlife Violator Compact

Section 1: Authority

  • Regulatory Basis: These regulations are established under W.S. § 23-1-302(xvi)(xxii) and § 23-6-302.

Section 2: Regulation Overview

  • Purpose: The regulation outlines procedures for the home state license suspension under the Wildlife Violator Compact.

Section 3: Definitions

  • Compact: Refers to the Wildlife Violator Compact, including various states and any new member states post-regulation.

Section 4: Contested Cases

  • Procedure: Contests of suspension under the Wildlife Violator Compact Act are conducted as per the Wyoming Administrative Procedure Act (W.S. § 16-3-107 through W.S. § 16-3-113).

Section 5: Suspension Action

  • Initiation: Suspension action begins upon receipt of either non-compliance notice or suspension notice in a Compact member state.

Section 6: Notice of Suspension

  • Process: Written notice of suspension is prepared and sent by the Compact Administrator or designee upon certain conditions.
  • Response Time: Violators have 23 days after notice date to respond and request a review.
  • Review Process: The Administrator reviews the request and documentary evidence, then notifies the violator of the decision.
  • Hearing Request: If the suspension is upheld, the violator may request a hearing within 23 days of the review denial.

Section 7: Burden of Proof

  • Responsibility: The burden of proof rests with the violator in all cases.

Section 8: Hearing

  • Timeline: A contested case hearing is held within 90 days of a hearing request.
  • Conditions: Hearings only proceed if accompanied by valid defenses.

Section 9: Docket

  • Case Management: A separate file with a unique number is assigned for each case, systematically organizing all relevant documents.

Section 10: Continuance

  • Granting: Continuances may be granted at the Administrator’s discretion for good cause.

Section 11: Default

  • Consequence: If the violator doesn’t respond or appear at a scheduled hearing, the Administrator may order based on notice allegations.

Section 12: Hearing Officer

  • Appointment: The Administrator or a designated person acts as the hearing officer.

Section 13: Discovery

  • Scope: Discovery is aligned with the Wyoming Administrative Procedure Act but is usually limited to specific aspects related to the Wildlife Violator Compact.

Section 14: Subpoenas

  • Issuance and Service: The Administrator/designee may issue subpoenas, and service is made at the requesting party's expense.

Section 15: Witnesses

  • Testimony and Costs: Witnesses testify under oath, and the party calling the witness bears the appearance costs.

Section 16: Representation

  • Options: Respondents may represent themselves or be represented by counsel, subject to certain conditions.

Section 17: Pre-Hearing Conference

  • Purpose: To simplify issues, amend pleadings, and formulate hearing procedures.

Section 18: Rules of Civil Procedure

  • Applicability: Wyoming Rules of Civil Procedure apply as far as applicable and not inconsistent with this regulation.

Section 19: Decisions

  • Final Decisions: Issued by the Administrator based on evidence in the record.

Section 20: Appeals to District Court

  • Process: Appeals from the Administrator’s decision are taken to the district court as per applicable statutes and rules.

Section 21: Transcript in Case of Appeal

  • Responsibility: The appellant arranges and pays for the transcript in appeals.

Section 22: Reinstatement Procedures

  • Burden of Proof: Rests with the violator for reinstatement after suspension due to non-compliance.
  • Process: Involves providing compliance evidence to the Administrator for review.
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