Or. Admin. Code § 635-060-0046

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-060-0046 - Preference Point Reinstatement

(1) The Commission shall accommodate Oregon residents who have lost preference points because of being called to active military service after June 1, 2002.

(a) The Commission shall accommodate the following individuals called to service at any location: Oregon National Guard.

(b) The Commission shall accommodate the following Oregon residents with military operational commitments: regular members of the United States Armed Forces (Army, Navy, Air Force, Marines, and Coast Guard), members of the United States military reserves, and members of the National Guard.

(c) The Commission authorizes the Director to make such accommodations by reinstating preference points existing for a series, plus an additional point for participating in the draw.

(d) Individuals seeking accommodation pursuant to this rule (or immediate family members acting on their behalf) must make a request in writing or in person to the Salem headquarters office. Each request must include a letter from a supervising officer on official unit letterhead verifying operational commitments.

(2)

(a) The Director may reinstate the preference points of a person who the Director determines did not or will not participate in a controlled hunt because of circumstances beyond the person's control or tragic personal circumstances. For the purposes of this rule:

(A) "Circumstances beyond the person's control" means any unforeseen circumstance that directly and reasonably results in a person's inability to participate in the hunt. This could include, but is not limited to, administrative or emergency closures of hunting units, extreme events, and other accidents or incidents. Circumstances beyond a person's control do not include complaints about the quality of the hunt including, but not limited to road closures, inclement weather, and work being conducted in the hunt area.

(B) "Tragic personal circumstances" means:

(i) Death or life-threatening injury or illness in the person's immediate family; or

(ii) The person's own serious injury or illness, which results in the person's hospitalization or inability to participate in the hunt due to a physician's orders or recommendation. The person need not be hospitalized during the hunt; this rule also applies if preparation for surgery or recovery after hospitalization renders the person incapable of participating in the hunt.

(b) A person is not eligible for preference point reinstatement if the person has received a preference point reinstatement under this rule for the same hunt series within 10 years of their request for point reinstatement unless the reinstatement was due to the Department's administrative or emergency closure(s) of hunting seasons.

(c) To apply for reinstatement, the person must request in writing to the Department, reinstatement of their preference points within 2 years of the last day of the season for the tag/series the person is requesting reinstatement for. The written request must include a sworn affidavit providing adequate details to support the request. The person must return the unused tag if it was purchased or a signed affidavit stating the tag was not used. When relying upon tragic personal circumstances, the person must also provide a sworn affidavit by a physician. When relying upon circumstances beyond the person's control, the person must also provide documentation of the circumstances (such as an accident report or affidavit from an employer).

(d) If the Director decides that the person does not qualify for reinstatement, the person may appeal that decision to the Oregon Fish and Wildlife Commission (Commission). All appeals to the Commission must be made in writing within 30 days of the Director's decision not to reinstate preference points. The Commission must review the Director's decision within 90 days after receipt of appeal, which may be scheduled as an agenda item or take place during "other Commission Business" at a Commission meeting. The Commission will not take verbal testimony from the person, and the Commission's decision is final.

(e) If the Director or Commission reinstates a person's preference point under this subsection, the person will be awarded a new point as when classified as "unsuccessful" in the draw and is not entitled to a refund of license or tag fees.

Or. Admin. Code § 635-060-0046

FWC 118, f. & ef. 6-3-77; FWC 32-1978, f. & ef. 6-30-78; FWC 29-1979, f. & ef. 8-2-79; FWC 33-1980, f. & ef. 6-30-80; FWC 7-1981, f. 2-18-81, ef. 6-1-81; FWC 10-1981, f. & ef. 3-31-81; FWC 22-1981, f. & ef. 6-29-81; FWC 21-1982, f. & ef. 3-31-82; FWC 38-1982, f. & ef. 6-25-82; FWC 43-1985, f. & ef. 8-22-85; FWC 35-1986, f. & ef. 8-7-86; FWC 11-1987, f. & ef. 3-6-87; FWC 40-1987, f. & ef. 7-6-87; FWC 12-1988, f. & cert. ef. 3-10-88; FWC 37-1988, f. & cert. ef. 6-13-88; FWC 48-1989, f. & cert. ef. 7-25-89; FWC 18-1991, f. & cert. ef. 3-12-91; FWC 55-1992(Temp), f. 7-22-92, cert. ef. 7-24-92; Reverted to FWC 18-1991, f. & cert. ef. 3-12-91; FWC 36-1993, f. & cert. ef. 6-14-93; FWC 46-1993, f. & cert. ef. 8-4-93; FWC 6-1994, f. & cert. ef. 1-26-94; FWC 94-1994, f. & cert. ef. 12-22-94; FWC 63-1995, f. & cert. ef. 8-3-95; FWC 9-1997, f. & cert. ef. 2-27-97; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 52-2001(Temp) f. & cert. ef. 6-27-01 thru 12-24-01; DFW 13-2002, f. & cert. ef. 2-12-02; DFW 34-2002, f. & cert. ef. 4-18-02; DFW 36-2002(Temp), f. & cert. ef. 4-22-02 thru 10-19-02; Reverted to DFW 34-2002, f. & cert. ef. 4-18-02; DFW 50-2002(Temp), f. & cert. ef. 5-16-02 thru 11-12-02; DFW 29-2003(Temp), f. & cert. ef. 4-9-03 thru 10-1-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 105-2004(Temp), f. & cert. ef. 10-13-04 thru 11-15-04; DFW 107-2004(Temp), f. & cert. ef 10-18-04 thru 11-27-04; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; Reverted to DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 26-2005, f. & cert. ef. 4-20-05; DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07; DFW 93-2007(Temp), f. & cert. ef. 9-26-07 thru 3-23-08; Administrative correction 4-23-08; DFW 126-2008(Temp), f. & cert. ef. 10-6-08 thru 4-4-09; DFW 66-2009, f. & cert. ef. 6-10-09; Reverted to DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10; DFW 14-2012(Temp), f. & cert. ef. 2-10-12 thru 8-7-12; DFW 58-2012, f. & cert. ef. 6-11-12; DFW 117-2013, f. & cert. ef. 10-10-13; DFW 139-2015, f. 10-14-15, cert. ef. 1/1/2016; DFW 139-2016(Temp), f. & cert. ef. 10-26-16 thru 3-31-17; Reverted to DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16; DFW 47-2017, f. & cert. ef. 4/24/2017; DFW 179-2018, amend filed 12/04/2018, effective 12/4/2018; DFW 78-2024, amend filed 09/16/2024, effective 9/16/2024

Statutory/Other Authority: SB 247 (2015), ORS 496.138, ORS 496.146 & ORS 496.162

Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162