163 Neb. Admin. Code, ch. 1, § 012

Current through September 17, 2024
Section 163-1-012 - Procedures for reviewing the suspension or revocation of a privilege or permit to hunt, fish or harvest fur imposed by any jurisdiction other than Nebraska

The following regulations are prescribed by the Game and Parks Commission, State of Nebraska in accordance with Neb. Rev. Stat. 37-106, 37-202 through 37-247,37 -614 through 37-618. These regulations are effective following enactment by the Commission, approval by the Attorney General and Governor, and when five days have elapsed since filing with the Secretary of State.

012.01 Application for review of a suspension or revocation of a privilege or permit to hunt, fish or harvest fur imposed by any jurisdiction other than Nebraska.
012.01A An applicant seeking review of suspension or revocation of a privilege or permit to hunt, fish or harvest fur imposed by any jurisdiction other than Nebraska and thereby also imposed in Nebraska as provided in 37-618(1) and (2) must submit an application on the form prescribed by the Commission including all information requested therein if the applicant wishes to be eligible to purchase a permit to hunt, fish or harvest fur in Nebraska.
012.01B An application that does not provide all requested information may be rejected automatically.
012.02 Application for review of a suspension or revocation of a hunting or fur harvesting privilege or permit by any jurisdiction other than Nebraska will be reviewed within fifteen (15) working days of receipt of the application by the Administrator or Assistant Administrator of the Law Enforcement Division, and the Administrator of the Wildlife Division to determine if the offense for which the privilege or permit is suspended or revoked is an offense under the Game Law or would constitute grounds for suspension or revocation under Sections 37-614 through 37-617 and to determine if further review is necessary or appropriate and to provide the Secretary of the Commission with a written report of that determination along with all of the documentation submitted by the applicant and any other information considered in reaching that determination.
012.03 The Secretary, or their designee, may either confirm the suspension or revocation in Nebraska or conduct an administrative review hearing prior to a final decision. If an administrative review hearing is held, the Secretary may require an appearance by the applicant, and may request additional information from the jurisdiction that revoked or suspended the applicant's privilege or permit to hunt, fish or harvest fur.
012.03A The Secretary, or their designee, may provide the applicant an opportunity to appear at an administrative hearing prior to a final determination. Upon the hearing to determine the eligibility of the applicant to purchase a permit, the Secretary of the Commission, or any designated representative of the Commission, may administer oaths and the Commission may require the attendance of witnesses and the production of relevant records. The Secretary may allow other Commission staff at the hearing.
012.04 The Secretary shall either confirm the suspension or revocation in Nebraska or reinstate the privilege or affirm the eligibility of the person to purchase a permit in Nebraska.
012.04A The applicant shall be notified, in writing, within ten (10) working days of the decision regarding the application.
012.04B The decision of the Secretary shall be final.

163 Neb. Admin. Code, ch. 1, § 012