Wyo. Code R. 040-0001-54
Effective Date: 05/22/1997 to 09/30/2003
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.54.05221997
Section 1. Authority. These regulations are promulgated by authority of W.S. §23-1-302(xvi)(xxii) and §23-6-302, Article IV(a).
Section 2. Regulation and Effective Date. The Wyoming Game and Fish Commission hereby adopts the following regulation governing the home state suspension procedures for the Wildlife Violator Compact. This regulation shall remain in effect until modified or rescinded by the Commission.
Section 3. Definitions. For the purpose of this regulation, definitions shall be set forth as in Title 23, Wyoming Statutes and the Commission adopts the following definitions:
(a) 'Compact' means the states of Arizona, Colorado, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming and any additional states which choose to become compact members after the effective date of this regulation.
Section 4. Contested Cases. Any suspension pursuant to the Wildlife Violator Compact Act shall be conducted pursuant to the Wyoming Administrative Procedure Act as outlined in W.S. §16-3-107 through W.S. §16-3-113 and pursuant to these regulations.
Section 5. Adoption of the Wildlife Violator Compact Operations Manual. The Wyoming Game and Fish Commission hereby adopts and incorporates by reference the Wildlife Violator Compact Operations Manual in its current format to include any future updates or revisions as part of this rule and regulation. The Wildlife Violator Compact Operations Manual is attached as Appendix I of this regulation.
Section 6. Suspension Action. The Wyoming Game and Fish Department shall initiate suspension action when it receives one or both of the following:
(a) Notice of failure of residents of Wyoming to comply.
(b) Notice of Suspension.
Section 7. Notice of Suspension.
(a) Upon receipt of a notice of failure to comply or upon receipt of a notice of suspension, a written notice of suspension shall be prepared by the Violator Compact Administrator.
(b) The written notice of suspension shall be sent to the violator by first class mail to the violator's last known address.
(c) The violator shall have twenty-three (23) days after the date listed in the notice to respond in writing to the Violator Compact Administrator and request a hearing. Said request must be received by the Administrator within twenty-three (23) days to be timely. Failure on the part of the violator to request a hearing under this section shall automatically result in suspension of hunting, fishing, and/or trapping licensing privileges in Wyoming.
(d) In cases of notice of suspension for the violator's failure to comply, the response shall include one or all of the following defenses:
(i) Want of authority of the State of Wyoming to suspend under the provisions of the Wildlife Violator Compact.
(ii) Failure of the issuing state to properly serve the violator.
(iii) A claim by the violator that the case has been resolved in the issuing state.
(iv) The alleged violator is not the proper party.
(e) In cases of notice of suspension for the violator being suspended in a compact state, the violator's response shall include one or all of the following defenses:
(i) Want of authority of the state of Wyoming to suspend under the provisions of the Wildlife Violator Compact.
(ii) That the suspension in the issuing state would not be a suspendable offense in Wyoming.
(iii) That the violator can demonstrate through court documents that the case is under appeal.
(iv) The alleged violator is not the proper party.
(f) Once a determination is made by the Administrator that all privileges are suspended, the violator cannot validly hunt, fish or trap on any existing or future hunting and/or fishing or trapping license.
Section 8. Burden of Proof. In all cases, the burden of proof shall rest with the violator.
Section 9. Hearing. Upon receipt of request for a hearing, the Wildlife Violator Compact Administrator shall hold a contested case hearing within thirty (30) days. No hearing shall be held unless the request for hearing is accompanied with at least one of the aforementioned defenses.
(a) Formal Hearing Procedures. Violators will be advised of:
(i) the time, place, and nature of the hearing;
(ii) that the hearing is being held pursuant to the Wildlife Violator Compact W. S. §23-6-
(a) When formal proceedings are initiated and notice has been afforded, the case shall be assigned a number and entered upon a docket provided for such purpose.
(b) There shall be established a separate file for each docketed case, in which shall be systematically placed all papers, pleadings, documents, transcripts, evidence, and exhibits pertaining thereto, and all such items shall have noted thereon the docket number assigned, and the date of filing.
For good cause shown, continuance may be granted at the discretion of the Compact Administrator.
The Compact Administrator may enter an order based on the allegations in the notice of suspension when the violator has not answered in writing within twenty-three (23) days, or in any case in which the violator or the violator’s representative has not appeared at a scheduled hearing of which the violator had notice.
The Violator Compact Administrator or such designee as chosen by the Violator Compact Administrator shall be the hearing officer.
In all formal proceedings before the Compact Administrator, discovery shall be afforded in accordance with the Wyoming Administrative Procedure Act, however, said discovery will normally be restricted to obtaining information on Wyoming’s jurisdiction to suspend under provisions of the Wildlife Violator Compact; to obtaining information on whether the original citation was received by violator; to prove insufficient service of process of the original citation; or to obtaining information to prove the case has been resolved.
(a) The Wildlife Violator Compact Administrator or his designee may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths.
(b) Service of a subpoena must be made at the expense of the party applying for it and shall be made in the manner provided by law for service of subpoenas in civil actions.
(a) All persons testifying at any hearing before the Administrator shall stand and be administered a standard oath.
(b) No testimony will be received from a witness except under oath or affirmation.
(c) The party calling a witness shall bear the costs associated with witness’s appearance.
(d) The Administrator or Administrator's designee shall retain the right and opportunity to examine any witness upon the conclusion of all testimony offered by a particular witness.
Section 17. Representation.
(a) Any respondents may represent themselves or be represented by counsel, provided that such counsel is licensed to practice law in the State of Wyoming, or associate at the hearing with one or more attorneys licensed to practice law in the State of Wyoming.
(b) A request for withdrawal from representation shall be made by the attorney in writing to the Administrator and may be granted only upon good cause shown.
(c) In any case before the Administrator, an appearance in person or the filing of an answer shall constitute an appearance of record by an attorney.
(d) A representative of the Attorney General's office may present to the Administrator all matters enumerated and described in the notice.
(e) In all matters before the Administrator, the Administrator may request the Attorney General or a specially appointed person to be present throughout the hearing to assist and advise the representative or the Administrator conducting the hearing.
Section 18. Pre-hearing Conference.
(a) At a time on or before the day of any hearing, the hearing officer may direct the parties to appear before the Administrator to consider:
(b) Such conferences shall be conducted informally. An order will be prepared which recites the actions taken at the conference, amendments allowed, agreements of the parties and limitation of the issues to those not disposed of by admission or agreements of counsel and the parties.
Section 19. Rules of Civil Procedure. The rules of practice and procedure contained in the Wyoming Rules of Civil Procedure insofar as they are applicable and not inconsistent with the matter before the Administrator and applicable to the rules and order promulgated by the Commission shall apply.
Section 20. Decisions.
(a) Proposed Decisions.
(i) At the discretion and direction of the Administrator, the parties may file proposed findings of fact, conclusions of law and order after the hearing and before the deadline announced in the hearing's closing announcements.
(ii) At the discretion and direction of the Administrator, the hearing officer shall file proposed findings of fact, conclusions of law and order.
(b) Final Decisions. Proposed decisions will be given consideration but are not binding upon the Administrator. All final decisions will be issued by the Administrator and be based exclusively upon the evidence in the record and matters officially noted. All final decisions issued by the Administrator will be served to all parties by first class or personal service.
(c) Consent Agreements, Settlements, Other.
(i) Results of consent agreements, settlements, and other final decisions entered by the Administrator will become a part of the public record pursuant to the content and terms of the agreement.
(d) Record.
(i) Unless otherwise provided in this section, copies of the Administrator's final decision filed as a result of formal proceedings heard by or settled by the Administrator shall be placed in the public file.
(ii) All completed investigation records shall be retained in a private file not subject to public inspection, but available to the violator.
Section 21. Appeals to District Court. Appeals from Administrator's decision shall be taken to the district court having jurisdiction and proper venue in accordance with applicable statutes and the Wyoming Rules of Appellate Procedure.
Section 22. Transcript in Case of Appeal. In the case of an appeal to the district court, the appellant shall pay and arrange for the transcript of the testimony. The transcript shall be verified by the oath of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case or by oath of a transcriber who transcribed any tape recording.
Section 23. Reinstatement Procedures. Where suspension is the result of failure to comply, the burden of proof for reinstatement lies with the violator.
(a) The violator may apply for reinstatement under the following conditions.
(i) Evidence of compliance is shown to Wyoming by the following: All of these documents may be submitted to the Compact Administrator by electronic transmission.
excluding voice transmission.
(A) Certificate from court of issuing state that laws have been complied with.
(B) Copy of court judgment that laws have been complied with.
(C) The issuing state issues a Notice of Compliance for Wyoming.
(b) Within ten (10) working days of receipt of information required from the violator in Section 23, the Violator Compact Administrator shall review the information provided and if appropriate reinstate the violator's privileges in Wyoming.
(c) When suspension is the result of a notice of suspension, the reinstatement is automatic following the suspension period. In such cases, the violator's privileges will be automatically reinstated.
Section 24. Violation of Commission Regulations. Failure to abide by the provisions of this regulation shall be punishable as provided by the Wyoming statutes for violations of Commission regulations.
Section 25. Savings Clause. If any provision of these regulations is held to be illegal or unconstitutional, such a ruling shall not affect other provisions of these regulations which can be given effect without the illegal or unconstitutional provisions; and, to this end, the provisions of the regulations are severable.
WYOMING GAME AND FISH COMMISSION
By:
President
Dated: March 24, 1997