Wyo. Code R. 040-0001-31
Effective Date: 08/11/1999 to 01/13/2000
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.31.08111999
Section 1. Authority. This regulation is promulgated by authority of W.S. §1-1-115, §11-6-305, §23-1-302, W.S. §23-1-701, §23-2-101 and §23-2-201.
Section 2. Regulation and Effective Date. The Wyoming Game and Fish Commission hereby adopts the following regulation governing the appointment and operation of license selling agents. The Commission authorizes the Department to develop and maintain policies, processes and procedures necessary to carry out the provisions of this Chapter. This regulation shall remain in effect until modified or rescinded by the Commission.
(a) It is the purpose of this regulation to carry out the provisions of Wyoming Statutes §23-1-302 and §23-1-701 by providing policies, procedures and processes to appoint license selling agents throughout the State that enhance the Department's ability to serve the license buying public.
(b) In the appointment of these license selling agents, the Commission gives preference to sporting goods and equipment vendors because they foster the purpose and mission of the Game and Fish Commission as follows:
(i) serve the same customer;
(ii) the public generally expects to purchase hunting and fishing licenses at sporting goods and equipment vendors;
(iii) the ownership, management and employees of sporting goods and equipment vendors are more knowledgeable in the application of hunting and fishing products, services, and related rules and regulations; and,
(iv) the ownership, management and employees of sporting goods and equipment vendors keep current with hunting and fishing issues through various information resources and networking.
Section 4. Definitions. For the purpose of this regulation, definitions shall be as set forth in Title 23 Wyoming Statutes, and the Commission also adopts the following definitions:
(a) 'Agent of Record' means the designated license selling agent that shall be legally accountable for all aspects of proper transacting of specified Wyoming Game and Fish Commission business within the respective business entity.
(b) “Business Entity” means sole proprietor, corporation, partnership, limited liability company or any combination thereof.
(c) “License Selling Agent” means the business entity at the physical location authorized by the Commission to act as its agent for purposes of selling and accounting for specified hunting, fishing and trapping licenses, permits, tags and/or stamps.
(d) “License Selling Sub-agent” means an individual in the employ of, or responsible to, the license selling agent and authorized by the Commission to sell specified hunting, fishing and trapping licenses, permits, tags and/or stamps. License selling sub-agents shall be accountable to the license selling agent for all aspects of proper transaction of specified Wyoming Game and Fish Commission business.
(e) “Non-sporting goods and equipment vendor” means a business establishment that does not demonstrate a bona fide and good faith commitment to providing the community a retail outlet for hunting, fishing, trapping and camping equipment, excluding foodstuffs and motorized vehicles.
(f) “Out-of-State license selling agent” means an authorized license selling agent located in a state contiguous with Wyoming.
(g) “Out-of-State vendor” means a business establishment located outside the boundaries of the State of Wyoming that demonstrates a bona fide and good faith commitment to providing the community an outlet for nonresident Wyoming licenses.
(h) “Sporting goods and equipment vendor” means a business establishment that demonstrates a bona fide and good faith commitment to providing the community a retail outlet for hunting, fishing, trapping and camping equipment, excluding foodstuffs and motorized vehicles.
(i) “Remote location” means the physical location of a business establishment which is at least fifteen (15) miles from an existing Wyoming Game and Fish Commission license selling agent.
(j) “Youth License” means a big game license that may be issued to a resident or nonresident individual who is at least eleven (11) years of age and who has not attained eighteen (18) years of age. The license shall not be valid until the license holder reaches his/her twelfth (12th) birthday. For all other species requiring a license to take means a license that may be issued to a resident or nonresident individual who has not attained eighteen (18) years of age.
(a) After a license selling agent has received and signed for licenses, permits, tags and/or stamps on a license inventory charge document, the risk of loss for licenses, permits, tags and/or stamps or license fees lost, stolen or destroyed shall pass to the license selling agent. The license selling agent shall be liable to the Wyoming Game and Fish Commission for the cash value of any licenses, permits, tags and/or stamps that are lost, stolen or destroyed. All licenses, permits, tags and/or stamps shall remain the property of the Wyoming Game and Fish Commission. The license selling agent shall be responsible for actions of any of the license selling agent’s sub-agents authorized to sell hunting, fishing and trapping licenses, permits, tags and/or stamps.
(a) License selling agents and/or sub-agents shall ensure that all required information is completed on the license form.
(b) Resident licenses shall be signed at the time of purchase by the individual whose name appears on the license and in the presence of the license selling agent and/or sub-agent. A license may also be issued upon presentation, by the applicant or another individual, of a Wyoming Game and Fish Commission authorized application form which has been properly completed bearing the applicant's signature. Prior to the issuance of a trophy game license or a youth big game license to a person under the age of fourteen (14), both the licensee and either a parent or legal guardian shall sign the license at the time of license issuance or provide a properly completed application bearing both signatures.
(c) For the purpose of conveying hunting, fishing, and trapping privileges in the State, only official Wyoming Game and Fish Commission license forms shall be sold.
(d) Under no circumstances shall a license selling agent or sub-agent alter the printed form of any license, permit, tag and/or stamp. This includes adding anything other than information required by the license form. Any altered license, permit, tag and/or stamp shall be void.
(e) The license issue date shall not be predated or postdated. All hunting and fishing licenses, permits, tags and/or stamps shall be valid only during the calendar year printed on the respective form, unless the license provides for a specific period of validity.
(f) Once removed from the business entity, licenses, permits, tags and/or stamps shall be canceled only under the written authority from the District Game Warden, Regional Wildlife Supervisor, or the License Sales and Accounting Manager. The canceled license, permit, tag and/or stamp shall be evidenced by the signature and date on the completed void certificate submitted for void credit.
(g) Unsold licenses, permits, tags and/or stamps shall not be removed from the license selling agent's authorized physical location without written authority of the District Game Warden, Regional Wildlife Supervisor or the License Sales and Accounting Manager.
(h) Except as otherwise prohibited by regulation, all license selling agents shall immediately upon receipt make available for sale, during their stated business hours, all license inventory to the public.
(i) License selling agents shall not charge fees other than established fees by Wyoming Statute for any service related to license, permit, tag and/or stamp sales.
(j) Under no circumstances shall the pink copy of a license, permit or stamp be removed from the license book. Removal of the pink copy shall result in an automatic charge for the full license fee.
(k) Wildlife Damage Management Stamp. Upon creation of a Wildlife Damage Management Stamp by the Wyoming Animal Damage Management Board, the Department shall sell the stamp at the price annually established by the Animal Damage Management Board through Headquarters, Regional Offices, designated Department personnel and at designated license selling agents throughout the State.
(a) Licenses, permits, tags and/or stamps shall be voided in accordance with established Department procedure. The procedure for voiding any license, permit, tag and/or stamp shall include, but not be limited to; the word 'VOID' written or stamped across the face of the document, the document number, the license number issued in lieu of the voided license (if applicable), void date, reason for the void and signature of the license selling agent, sub-agent or Department employee voiding the document.
(a) Approved license selling agents and their designated sub-agents shall complete, sign and return the appropriate Oath of Office form to the License Sales and Accounting Section. The approved license selling agent shall complete the Oath of Office form at the License Selling Agency Orientation and Training Seminar. Authorized sub-agents shall properly complete and mail to the License Sales and Accounting Section the Oath of Office Form prior to issuing any licenses, permits, tags and/or stamps.
(i) The completion of an Oath of Office form for the Agent of Record may be witnessed by a Notary Public, Clerk of Court, or Department personnel authorized by the Chief Fiscal Officer to administer oaths and issue licenses. The completion of an Oath of Office form for a license selling sub-agent may be witnessed by a Notary Public, Clerk of Court, Agent of Record, or Department personnel authorized by the Chief Fiscal Officer to administer oaths and issue licenses.
(b) Persons who have not been approved by the Commission as prescribed in established procedure shall be prohibited from selling licenses, permits, tags and/or stamps.
(c) Persons shall be at least eighteen (18) years of age to be an authorized license selling agent or sub-agent.
(d) Persons shall be a resident of the State of Wyoming where the licenses, permits, tags and/or stamps are issued in order to administer an oath for the issuing of resident licenses, permits, tags and/or stamps.
(e) During all business hours, the agent of record or his/her designated sub-agent shall be available to sell licenses, permits, tags and/or stamps.
(a) The designated license selling agent shall be required to verify all license books, permit books, tags and/or stamps books received from the Department. Such verification shall be completed on a License Inventory Charge Document furnished by the Department. This form shall be signed by the person verifying the information and returned to the Department within ten (10) days from receipt.
(a) Monthly License Reports shall be prepared in duplicate on forms provided by the Department. The original copy (white copy) with all funds collected shall be remitted to the Department. The license selling agent shall retain the duplicate copy. All license funds collected including search and rescue donations and access donations shall be reported and submitted on the monthly license sales report. Sub-agents or business names shall not be used on License Reports.
(i) Every selling agent shall file a monthly license sales report for the preceding month and remit all moneys, less commission, collected during the previous month on or before the 10th of the month. Filing a report means the report and moneys physically received by the License Sales and Accounting Section on or before the 10th of the month, not postmarked on or before the 10th of the month.
(ii) Any person who issues a check to the Wyoming Game and Fish Department to fulfill the requirements of this section which is not paid because the check has been dishonored by the bank shall be required to make restitution within thirty (30) calendar days following date of written demand. The written demand shall be mailed to the drawer of the check by United States postal service certificate of mailing at the address shown on the check or the last known address or personally served pursuant to the Wyoming Rules of Civil Procedure. The restitution shall be in the form of a postal money order or a cashier's check in the amount of the check and a collection fee not to exceed thirty dollars ($30.00).
(iii) If the license selling agent fails to pay the amount of the check and the collection fee within thirty (30) days following the date of written demand, mailed to or served upon them, they shall be assessed an additional amount equal to two (2) times the amount of the check or one hundred dollars ($100.00), whichever is greater, in addition to the collection fee of thirty dollars ($30.00) referenced above and any court costs.
(iv) If a license selling agent submits a second dishonored check within a consecutive twelve (12) month period of a previous dishonored check, the agent shall be required to remit all subsequent payments in the form of a postal money order or cashier's check for a period of twelve (12) calendar months. Failure to do so shall be grounds for cancellation.
(b) Each appointed license selling agent shall be assigned an account number by the Department. This number shall be used on all transactions concerning the license selling agent.
(c) If no licenses, permits, tags and/or stamps are sold during the month, the license selling agent shall submit a report indicating no sales.
(a) A “Duplicate License” shall be required for the replacement of lost or destroyed big or trophy game and wild turkey licenses. Any other lost or destroyed hunting, fishing or trapping license may be replaced by either purchasing another license or a “Duplicate License”.
(b) A duplicate license affidavit form shall be properly completed by the licensee and by the license selling agent that issued the original license.
(a) All Wyoming Game and Fish Commission license selling agents shall be subject to audit of any and all records and documents relating to licenses, permits, tags and/or stamp sales. These audits may be conducted, during normal business hours, without prior notification by a Department representative authorized by the Chief Fiscal Officer. Any audit of records shall also extend to records, documents and other writings in possession or custody of accountants or other agents or representatives.
(a) Any Department personnel required to administer oaths and/or sell licenses shall be so authorized by the Chief Fiscal Officer.
(b) Business establishments shall be evaluated and classified through an application process as either a sporting goods and equipment vendor, a non-sporting goods and equipment vendor or an out-of-state vendor based on the definitions provided in Section 4 of this Chapter.
(c) Applications for license selling agents shall be submitted on forms supplied by the License Sales and Accounting Section.
(d) Applications from sporting goods and equipment vendors as defined in Section 4 of this Chapter shall be accepted throughout the year and shall be given preference in appointment in accordance with Wyoming Statute.
(e) If a District Game Warden determines a need for an additional license selling agent within his/her district, applications shall be accepted through solicitation by public notice in statewide and/or local news media.
(f) Untimely applications for advertised vacancies shall not be accepted by the Department.
(g) A license selling agent shall be appointed based upon the facts contained in the original application.
(i) Continued appointment of license selling agents shall be based upon whether the facts contained in the original application continue to be in effect.
(ii) If any facts contained in the original application change, the license selling agent's authority to sell licenses, permits, tags and/or stamps shall be subject to revocation by the Wyoming Game and Fish Commission.
(h) If any of the following facts have changed from those listed in the license selling agent's original application, the renewal of the license selling agent may not be approved.
(i) Appointed agent of record;
(ii) Business entity upon which the appointment was based;
(iii) Physical location of the business entity upon which the appointment was based;
(iv) Hours/days/months of operation;
(v) Continuance of a valid sales tax license for the respective business entity;
(vi) Appointed agent of record has maintained physical control of the license, permit, tag and/or stamp inventory;
(vii) Appointed agent of record has maintained physical control of funds collected.
(i) A license selling agent shall be considered appointed upon completing the following:
(i) approval by the Commission;
(ii) travel to the Wyoming Game and Fish Department Headquarters in Cheyenne or another Department facility as designated by the License Sales and Accounting Manager, at the license selling agent expense, within sixty (60) days of written notification of approval by the Commission to attend the License Selling Agency Orientation and Training Seminar;
(iii) payment of the annual bonding fee as prescribed by W.S. §23-1-701 within sixty (60) days of notification of approval by the Commission; and,
(iv) receive the initial license allocation within sixty (60) days of notification of approval by the Commission.
(a) All applications for license selling agents accepted by the Department shall be presented to the Commission for review.
(b) Appointment of sporting goods and equipment vendors as license selling agents shall be based upon their qualification of a sporting goods and equipment vendor as defined in Section 4.
(i) Agents shall be considered for appointment only if they are existing business entities.
(c) Appointment of non-sporting goods and equipment vendors as license selling agents shall be based upon the following criteria:
(i) Applicants shall be considered for appointment on the basis of their proximity to existing license selling agents and physical location in relation to existing license selling agents;
(ii) Applicants shall be considered for appointment based on the public service provided taking into consideration the optimum period of hours, days and months of operation; and,
(iii) Applicants shall be considered for appointment only if they are existing business entities.
(a) The District Game Warden, through the Regional Wildlife Supervisor, shall notify the License Sales and Accounting Manager of the possible need to establish an out-of-state license selling agent.
(b) Applicants for out-of-state license selling agents shall complete the proper application form. Consideration for approval of the agent shall generally, but not necessarily, be limited to criteria set forth in Section 14 of this Chapter.
(c) Out-of-State license selling agents may only be authorized to sell the licenses listed in this subsection:
(a) Within thirty (30) days of appointment, all new agents of record and/or their designees shall be notified of a scheduled date in which they shall be required to travel to the Wyoming Game and Fish Department Headquarters in Cheyenne, or another Department facility as designated by the License Sales and Accounting Manager, at the license selling agent's expense in order to: pay the annual bonding fee as prescribed by W.S. §23-1-701; attend a License Selling Agency Orientation and Training Seminar; and, receive the initial license allocation.
(b) At any time, a license selling agent may be required to travel at the license selling agent's expense to the Department Headquarters or another Department facility, as designated by the License Sales and Accounting Manager, to attend remedial training at the direction of the License Sales and Accounting Manager.
(a) A Wyoming Game and Fish Commission license selling agent may be transferred to another physical location of the same business establishment only upon approval of the Chief Fiscal Officer and the District Wyoming Game and Fish Commissioner. Recommendations by the District Game Warden, Regional Wildlife Supervisor and the License Sales and Accounting Manager shall be considered by the Chief Fiscal Officer and the District Game and Fish Commissioner in determining whether or not to approve a transfer of physical location. A sporting goods license selling agent is exempt from this provision.
(a) If the change in agent of record does not change the organizational structure of the business entity, the new agent of record shall submit a properly completed Oath of Office form to the License Sales and Accounting Section.
(b) If the change in agent of record results in a change in the Business Entity, then:
(i) A new owner of a currently established Wyoming Game and Fish Commission license selling agent shall immediately apply to the Commission to be considered for appointment as a license selling agent pursuant to Section 13.
(ii) Subject to application and appointment as a license selling agent, the new owner may apply to the License Sales and Accounting Section for a temporary license selling agent authorization which shall allow the continuance of the existing license selling agent. Upon approval of the Department and the District Commissioner, the License Sales and Accounting Section shall issue a temporary license selling agent authorization to the new owner. Failure to apply for appointment as a license selling agent or apply for a temporary license selling agent authorization may result in delay of issuance.
(iii) A temporary license selling agent authorization shall remain in effect for one hundred twenty (120) days. The authorization may be extended an additional one hundred twenty (120) days by the District Commissioner.
(iv) In order to receive the temporary license selling agent authorization, the new owner shall assume all liability for the license selling agent from whom the business was purchased. If the new owner does not agree to assume the liability of the previous owner, the existing license selling agency is immediately canceled.
(v) Until a temporary license selling agent is authorized in which the new owner assumes liability, the existing license selling agent shall remain liable as described in Section 5.
(a) A License Selling Agency may be canceled, pursuant to procedures described in 'Cancellation Procedures, License Selling Agencies' approved December 4, 1995, by the Wyoming Game and Fish Commission (a copy of 'Cancellation Procedures, License Selling Agencies' can be obtained from the License Sales and Accounting Section, Wyoming Game and Fish Department, 5400 Bishop Blvd., Cheyenne, Wyoming 82006) for noncompliance with W.S. §23-1-701 or Commission Regulations including but not limited to:
(b) The cancellation shall be a contested case proceeding in accordance with Wyoming Game and Fish Commission Regulation Chapter 27, Rules of Practice Governing Contested Cases Before The Wyoming Game And Fish Commission.
Section 20. Violation of Commission Regulations. Failure to abide by the provisions of this regulation shall be punishable as provided by Wyoming statutes for violation of Commission regulations.
Section 21. Savings Clause. If any provision of this regulation is held to be illegal or unconstitutional, such a ruling shall not affect other provisions of this regulation which can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of this regulation are severable.
WYOMING GAME AND FISH COMMISSION
By:
TRACY HUNT, PRESIDENT
Dated: July 26, 1999