Wyo. Code R. 040-0001-28
Effective Date: 08/23/1985 to 08/29/2003
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.28.08231985
Section 1. Authority. This regulation is promulgated by authority of W.S. 23-1-302.
Section 2. Regulations and Effective Date. The Wyoming Game and Fish Commission hereby adopts the following regulation governing damage claims, filed in accordance with W.S. 23-1-901.
Section 3. Definitions. For the purpose of this regulation, definitions will be as set forth in Title 23, Wyoming Statutes, and the Commission also adopts the following definitions:
(a) 'Office of the Department' means Wyoming Game and Fish Department, 5400 Bishop Blvd, Cheyenne, Wyoming 82002.
(b) 'Office of the Commission' means Wyoming Game and Fish Commission, 5400 Bishop Boulevard, Cheyenne, Wyoming 82002.
(c) 'Damage' as used in W.S. 23-1-901 means actual damage as proved to have occurred by the claimant, to livestock, land, crops, improvements and extraordinary grass damage, and shall not include any amount for punitive damages under any circumstances.
(d) 'Extraordinary Damage to Grass' as used in W.S. 23-1-901(c) means the consumption or use of noncultivated grass plants in excess of the consumption or use which normally occurred during the two years immediately preceding the time period covered by the damage claim.
(e) 'Permitted Hunting' as used in W.S. 23-1-901(c) means the claimant operated in such a manner as to allow or provide for hunting on his land and access to adjoining land to allow for a harvest sufficient to meet the objectives for the area and herd.
(f) 'Disinterested Arbitrator' shall mean any person, otherwise qualified, who is capable of making a reasoned and unbiased decision on evidence presented by both parties to the Arbitration Board.
(g) 'Hearing' as used in W.S. 23-1-901(e) shall mean a procedurally correct arbitration hearing which shall be conducted in such a manner as to afford both parties to present, examine and cross-examine all witnesses and other forms of evidence received by the arbitrators. The decision of the arbitrators shall become a part of the agency file and shall be considered coevidence in the event of an appeal of the arbitrators' decision and any appeal therefrom to district court shall be conducted in conformity with the Wyoming Administrative Procedure Act.
(h) 'Investigated by the Department' as used in W.S. 23-1-901(c) means a reasonable inspection of the damaged premises, crops or livestock as deemed adequate by the Department to evaluate and to report to the Commission the extent of damage incurred. Failure of the claimant to allow such reason- able inspection, upon request, shall constitute a bar to making claim as specified under W.S. 23-1-901(c).
(i) 'Reasonable Service Charges' as used in W.S. 21-1-901(f) means fifty dollars ($50.00) per day while performing duties as an arbitrator.
(j) 'Reasonable Expense Charges' as used in W.S. 23-1-901(f) means actual expenses incurred by the arbitrators for telephone calls, paper supplies, mail service, meeting rooms, plus per diem allowance and transportation expenses as allowed state employees by Wyoming Statutes.
Section 4. Verified Claim Requirements. The verified claim required by W.S. 23-1-901(b) shall be submitted on the form prescribed by the Department designated as 'Damage Claim Affidavit.' The claim shall set forth a legal description of damaged land, a description of the property damaged, the dates during which damage occurred, the type and number of big or trophy game animals or game birds which caused the damage, when the damage was discovered, to whom the damage was reported and the manner and date reported, whether or not the claimant permitted hunting during the most recent authorized hunting season for the species causing damages. Additional supporting information may be submitted and will be considered as part of the verified claim. Amended damage claims may be filed with the office of the Department in the event that all information is not immediately known by claimant. In any event, the entire claim must be submitted in writing to the office of the Department within 60 days of the last item of damage.
Section 5. Arbitration Notification Procedure. During the process of establishing an arbitration board to act upon a damage claim, written notification will be made from the claimant to the office of the Department and from the Department to the claimant regarding the names and mailing addresses of arbitrators selected by them. The two arbitrators selected shall notify in writing both the claimant and the office of the Department of the name and address of the third arbitrator selected.
Section 6. Savings Clause. If any provision of this rule or its application to any person or circumstance is held invalid or in conflict with any other provision of this rule, the invalidity shall not affect other provisions or application of this rule which can be given effect without the invalid provision or applications and to this end the provisions of this rule are severable.
WYOMING GAME AND FISH COMMISSION
DENNIS DALY, PRESIDENT
Dated: August 1, 1985