040-54 Wyo. Code R. § 54-6

Current through April 27, 2019

Section 54-6 - Notice of Suspension

(a) Upon receipt of a notice of failure to comply or upon receipt of a notice of suspension of a person who has a mailing address in Wyoming, a written notice of suspension shall be prepared by the Compact Administrator (Administrator) or their designee. Upon discovery by the Department of a person who has a mailing address outside of Wyoming, whose license privileges are under suspension in a compact member state, and who has obtained a license(s) in the State of Wyoming, a written notice of suspension shall be prepared by the Administrator or their designee.

(b) The written notice of suspension shall be sent to the violator by first class mail to the violator's last known address.

(c) The violator shall have twenty-three (23) days after the date listed in the notice to respond in writing to the Administrator and request a review of the notice of suspension. For the Administrator to consider the request for review, the violator shall provide documentary evidence that supports one (1) or more permissible violator defense outlined in subsection (d) or (e) of this section. Following the Administrator's consideration of the request for review and documentary evidence presented by the violator, the Administrator shall notify the violator in writing if the notice of suspension remains. If, upon consideration of the violator's request for review, the Administrator finds cause to support the suspension, the violator may request a hearing. To be timely, said request must be received by the Administrator within twenty-three (23) days from the date affixed to the Administrator's letter denying the review. Failure on the part of the violator to request a hearing under this section shall automatically result in suspension of license privileges in Wyoming.

(d) In cases of notice of suspension for the violator's failure to comply, the response shall only include one (1) or more of the following defenses:

(i) Want of authority of the State of Wyoming to suspend under the provisions of the Wildlife Violator Compact;

(ii) Failure of the issuing state to properly serve the violator;

(iii) A claim by the violator that the case has been resolved in the issuing state; or,

(iv) The alleged violator is not the proper party.

(e) In cases of notice of suspension for the violator being suspended in a compact state, the violator's response shall include only one (1) or more of the following defenses:

(i) Want of authority of the state of Wyoming to suspend under the provisions of the Wildlife Violator Compact;

(ii) That the suspension in the issuing state would not be a suspendable offense in Wyoming;

(iii) That the violator can demonstrate through court documents that the case is under appeal or the court has amended terms of the suspension; or,

(iv) The alleged violator is not the proper party.

(f) Once a determination is made by the Administrator that license privileges are suspended, the violator cannot legally apply for, obtain or utilize any existing or future license to hunt, fish or trap.

040-54 Wyo. Code R. § 54-6

Amended, Eff. 8/19/2015.