040-33 Wyo. Code R. § 33-4

Current through April 27, 2019

Section 33-4 - Permit Application Denial Review Process

The following permit denial review process shall be used when considering a Chapter 33 Scientific Research, Educational or Special Purpose Permit application that has been denied:

(a) When an application for a Chapter 33 Scientific Research, Educational or Special Purpose Permit has been denied, the Department Permitting Officer shall send a certified, registered letter with return receipt to the applicant indicating the Department's decision to deny the permit application and the reason(s) for the denial.

(b) The applicant may appeal the decision of the Department to deny a permit application by submitting a written request to the Department Permit Review Board (Board) for consideration. If an applicant fails to request an appeal within thirty (30) consecutive days from the date they received the Department's denial letter, the applicant shall waive their ability to make any future appeal request regarding the denied permit application.

• (i) The Board shall consist of the Chief of the Wildlife Division (or his designee), Chief of the Fish Division (or his designee), Supervisor of Biological Services, an appointed regional wildlife or fisheries supervisor (not affiliated with the original permit application) and an appointed senior game warden with commercial operations responsibility or regional fisheries biologist (not affiliated with the original permit application).

• (ii) The Board shall review the Department's decision to deny the permit application and may consider any additional information provided by the applicant.

• (iii) The Board shall either uphold the Department's decision to deny the permit application or approve the permit application. The Board's decision shall be sent to the applicant as a certified, registered letter with return receipt within fifteen (15) consecutive days of the Board receiving the applicant's written request for appeal.

(c) The applicant may appeal the decision of the Board to deny a permit application by submitting a written request to the Director of the Wyoming Game and Fish Department for consideration. If an applicant fails to request an appeal within thirty (30) consecutive days from the date they received the Board's denial letter, the applicant shall waive their ability to make any future appeal request regarding the denied permit application.

• (i) The Director, or his designee, shall conduct a review of the Department's and the Board's decisions, and may consider any additional information provided by the applicant.

• (ii) The Director shall either uphold the earlier denials of the permit application or approve the permit application. The Director's decision shall be sent to the applicant as a certified, registered letter with return receipt within fifteen (15) consecutive days of the Director receiving the applicant's written request for appeal.

(d) The applicant may appeal a decision of the Director to deny a permit application by submitting a written request to the Commission for consideration. If an applicant fails to request an appeal within thirty (30) consecutive days from the date they received the Director's denial letter, the applicant shall waive their ability to make any future appeal request regarding the denied permit application.

• (i) The Commission shall hold a contested case hearing under Commission Regulation Chapter 27, Rules of Practice Governing Contested Cases Before the Wyoming Game and Fish Commission to review the Director's decision specific to the permit application and appeals.

• (ii) The Commission shall either uphold the earlier denials of the permit or approve the permit application. The Commission shall provide its final decision on the matter to the applicant at their next regularly scheduled Commission meeting.

(e) An applicant may appeal a decision of the Commission to deny a permit application by filing with the appropriate Wyoming District Court.

040-33 Wyo. Code R. § 33-4