250 R.I. Code R. 250-RICR-30-00-3.5

Current through October 15, 2024

Section 250-RICR-30-00-3.5 - Agent Requirements

3.5.1Becoming an Agent

A. Every citizen and/or corporation who seeks authority from the Director to act as an agent of the Director to issue licenses for hunting, fishing and the taking of fish, game, birds, shellfish, or other wild animals within the State of Rhode Island and its territorial waters for the State of Rhode Island, must submit a written application to the Director and/or his or her designee.

B. Such application will be on forms provided by the Office of Boat Registration & Licensing or as otherwise designated by the Office of Boat Registration & Licensing, however the application must provide the following information:

1. Name and address of citizen and/or corporation seeking to serve as an authorized agent of the Director; and,

2. Description of citizen and/or corporation, including, but not limited to whether the citizen and/or corporation is a sporting goods store; and,

3. Hours of operation of citizen and/or corporation; and,

4. The name, address, and telephone number of the designated contact person(s) to serve as liaison between the citizen and/or corporation and the Office of Boat Registration and Licensing; and any other information as reasonably requested by the Department.

C. All citizens and/or corporations are required to enter an agreement with the Department prior to approval by the Director to become an agent. Such agreement will be on forms prescribed by the Office of Boat Registration & Licensing.

D. All corporations or partnerships are required to provide a certificate of disclosure of corporation or partnership and a certificate of good standing or legal existence, if applicable, from the Secretary of State prior to approval by the Director to become an agent.

E. The Office of Boat Registration & Licensing must receive the written on-site inspection and report of the findings of the Division of Law Enforcement pursuant to §3.5.3 of this Part herein prior to appointment as an agent.

3.5.2Bond Requirements

A. Any citizen and/or corporation who seeks authority from the Director to act as an agent of the Director to issue licenses for hunting, fishing and the taking of fish, game, birds, shellfish, or other wild animals within the State of Rhode Island and its territorial waters for the State of Rhode Island must obtain a bond with a surety company authorized to do business in the State of Rhode Island. All agents are required to obtain a surety bond in the amount of ten thousand dollars ($10,000.00). The bond requirements are as follows:

1. All agents must keep their bonds in full force for the entire licensing year; and,

2. All agents are required to notify the Office of Boat Registration & Licensing within 48 hours of cancellation or lapse of their bond; and,

3. All agents must provide the Office of Boat Registration & Licensing a true copy of their bond along with their agent application.

B. Failure to obtain a bond or any other violation of §§3.5.2(A)(1) through (A)(3) of this Part above is grounds to deny, suspend or revoke an agent's authorization to issue licenses.

C. The bond will cover all license types sold and must be renewed annually, prior to any new licenses being issued to the agent. The bond must be renewed prior to March 1st of each year, and remain valid March 1st through the last day in February, annually.

D. Agents shall obtain a surety bond in the amount of ten thousand dollars ($10,000.00) that covers each location or premises in which licenses are sold in accordance with these regulations.

3.5.3On-Site Inspection and Report

A. Upon receipt by the Director and/or his or her designee of an application pursuant to §3.5.1(A) of this Part, the citizen and/or corporation's place of business shall be inspected by a representative of Department's Division of Law Enforcement. Such inspection shall include but not be limited to:

1. Verification of facts contained in agent application, and;

2. Whether the applicant has a permit to make retail sales, and;

3. Whether the location where sales are to be made is a sporting goods store, and;

4. A criminal background check.

B. Such inspection shall take place at a reasonable time and for a reasonable duration.

C. The Division of Law Enforcement shall make a written report of the findings of the inspection. Such inspection report shall be transmitted to the Office of Boat Registration & Licensing.

D. Such written report by the Division of Law Enforcement shall be made available to the citizen/corporation upon written request subject to the provisions of R.I. Gen. Laws § 38-2-1 et. seq.

E. The Division of Law Enforcement may conduct inspections of agents at any reasonable time.

3.5.4 Obtaining Licenses from the Department

A. Agents may obtain Licenses from the Department that are required for hunting, fishing and the taking of fish, game, birds, shellfish, or other wild animals within the State of Rhode Island and its territorial waters pursuant to these Rules and Regulations upon satisfactory receipt of all of the following:

1. A completed agent application; and,

2. A copy of the current year's bond; and,

3. The inspection report from the Division of Law Enforcement; and,

4. Completed and signed agreement with the Office of Boat Registration & Licensing.

B. No new licenses will be sent out if the prior month or year's account has an outstanding balance, or if the agent is in violation of these Rules and Regulations.

C. Each agent shall be assigned an agent number that is to be used on all correspondence to the Office of Boat Registration & Licensing.

D. Agents who sell their business or close before the end of the season must return all unsold and voided licenses and monies owed to the Department within five (5) business days of the sale or closure of the business. Agents shall not transfer licenses to new business owners, other agents or other locations. Failure to comply with these rules may result in collection action or further legal action.

3.5.5Issuance of Licenses

A. All licenses shall be issued in accordance with the following requirements:

1. Agents and their employees shall issue all licenses in compliance with R.I. Gen. Laws § 20-13-5;

2. Agents and their employees shall remit all money and license receipts to the State in compliance with R.I. Gen. Laws §§ 20-2-3 and 20-2-4;

3. Agents and their employees shall verify all hunter safety requirements in compliance with R.I. Gen. Laws § 20-13-4 at the point of sale as shown on license application prior to the issuance of a license;

4. Agents and their employees shall display all Department issued signs in a conspicuous location at the point of sale;

5. Licenses shall be issued only by approved agents or by authorized employees of such agents who have been properly trained by the agents in the issuance of licenses;

6. Agents shall be responsible for all licenses issued to them by the State whether sold, lost, missing, stolen, damaged or voided;

7. All licenses shall be issued in consecutive license number order;

8. Licenses shall not be backdated for any reason;

9. If a mistake is made in filling out a license, the license must be voided and a new license issued. Licenses containing erasures, changes or corrections of any kind shall be void and invalid.

10. Agents shall notify the Office of Boat Registration & Licensing if a licensee's payment for a license by check or credit card is returned by the bank or otherwise invalidated by the bank or credit card company. The Office of Boat Registration & Licensing shall immediately notify the Division of Law Enforcement of same.

250 R.I. Code R. 250-RICR-30-00-3.5