Section R657-57-11 - Wildlife Board Variance Authority(1) Except as provided otherwise in this rule, the Wildlife Board may grant a variance to any regulation promulgated in Title R657 of the Administrative Code or in proclamation concerning the acquisition or use of a wildlife document, provided the event or condition justifying the variance: (a) is not the result of the applicant's willful misconduct or gross negligent acts or omissions;(b) substantially precludes the applicant from participating in the activity authorized by the wildlife document; or(c) completely or significantly impairs the applicant from filing a timely application in a Division administered drawing; and(d) is of a nature that it deprives opportunity from the applicant in a substantially more severe manner than other similarly situated individuals.(2) The Wildlife Board is limited to considering only those variance applications on which the Division has issued a letter indicating the variance relief sought is beyond its legal authority to grant.(3) The Wildlife Board shall consider the Division's recommendation on a variance request.(4) The Wildlife Board may grant a variance that extends a wildlife document season no more than one year into the future.(5) The Wildlife Board may award a bonus or preference point pursuant to a variance request only when the applicant would have received such a point had the event or condition not intervened.(6) The Wildlife Board may not grant a variance:(a) where the request is filed with the Division beyond the 120 day deadline established in R657-57-7(1);(b) where the applicant is not substantially precluded from participating in the prescribed wildlife activity;(c) for a season extension on any hunt not identified in R657-57-4(1)(a)(i) as eligible for a season extension;(d) where the applicant was successful in harvesting an animal for which the wildlife document was issued; or(e) in direct conflict with any provision of the Wildlife Code or elsewhere in statute.(7) The Wildlife Board may not refund wildlife document fees, except as authorized in Sections 23-19-38 and 23-19-38.2.Utah Admin. Code R657-57-11
Amended by Utah State Bulletin Number 2018-17, effective 8/9/2018