040-68 Wyo. Code R. § 68-10

Current through April 27, 2019
Section 68-10 - Withdrawal or Modification of Application and Refund of License Fees

Grizzly bear licenses issued under Title 23, Wyoming Statutes and this regulation become the permanent property of the licensee and shall not be canceled or any fee refunded after the license has been issued, except as specified in this section or otherwise as set forth in Commission regulation.

(a) A request for a voluntary withdrawal of an application before the grizzly bear limited quota drawing shall be accepted through the Electronic Licensing Service until July 16, 2018 for the initial drawing.

(b) A modification of an application for the grizzly bear limited quota drawing shall be completed through the Electronic Licensing Service by July 16, 2018 for the initial drawing.

(c) Applicants for the grizzly bear license issuance list may not submit a voluntary withdrawal or modification to their application.

(d) To request the refund of a license fee, the licensee shall submit a written request along with the unaltered license with all coupons intact. The request shall be submitted to the Department during the calendar year for which the license is valid. The licensee shall also execute and submit, at the time of a refund request, a Department affidavit describing the reason(s) the licensee was unable to exercise the license privileges. The affidavit shall include a sworn statement that the licensee did not exercise any hunting privileges granted by the license during any or all seasons for the designated species as specified in Commission regulation during the calendar year for which the license was valid. If the license is destroyed, lost or illegible, the licensee shall state to that effect on the Department affidavit submitted with the written request for refund. Application fees shall not be refunded. The License Review Board shall review all requests for license refunds and shall determine whether to grant or deny the request.

(e) To qualify for a refund of a grizzly bear license fee in accordance with this section, the licensee shall meet one (1) of the following provisions:

  • (i) In the case of the death of the licensee, a written request for a license refund supported by a copy of the licensee's death certification shall be submitted to the Department. The date of death on such certificate shall have resulted in the licensee not being able to participate in the majority of the regular season. All refunds issued under this subsection shall be made payable to the estate of the decedent.
  • (ii) In the case of the death of the licensee's spouse, parents, grandparents, siblings, lineal descendants and their spouses, step-parent, step-sibling, step-children, father-in-law, mother-in-law, brother-in-law, sister-in-law, step-son-in-law or step-daughter-in-law, the licensee shall submit a written request for a license refund supported by the respective death certificate. The date of death shall have resulted in the licensee not being able to participate in the majority of the regular season.
  • (iii) In the case of incapacitating illness or injury of the licensee, the licensee's spouse, parents, grandparents, siblings, lineal descendants and their spouses, step-parent, step-sibling, step-children, father-in-law, mother-in-law, brother-in-law, sister-in-law, step-son-in-law or step-daughter-in-law, the refund request shall be supported by a physician's sworn statement on a Department form that the licensee is incapable of performing tasks necessary to exercise the privileges of the license.
  • (iv) In the case of military personnel who receive permanent change of station (PCS) orders and military personnel who are assigned away from their home duty station on temporary orders (TDY) for the majority of the regular season, the refund request shall be supported by a copy of official military orders from the Armed Forces of the United States, and such orders shall require the affected personnel to move away from their home duty station.
  • (v) In the case of individuals who are not able to participate in the majority of the regular season during the year for which the license is issued as a result of a court subpoena, jury duty, Grand Jury investigation or attorneys required to attend criminal cases, the refund request shall include a certified copy of the court document.
  • (vi) When the Department determines fifty percent (50%) or more of the hunting opportunity and access to public land within a open hunt area(s) has been closed due to administrative actions of the state or federal government in closing public access to public lands, or due to a natural disaster, including but not necessarily limited to, wildland fires, the licensee may request a license fee refund. The closing of hunt areas due to harvest quotas being met does not qualify a licensee for a license fee refund.
    • (A) When the Department determines one hundred percent (100%) of the hunt areas for which the license is valid are closed or the hunting season is preempted by administrative actions of the state or federal government, a grizzly bear licensee may request a license fee refund. The closing of hunt areas due to harvest quotas being met does not qualify a licensee for a license fee refund.
  • (vii) If an applicant is issued a license not requested due to an error on the part of the Department, the applicant may request a license fee refund. The applicant may submit a written request to the License Review Board to review a decision made by a Department employee in the handling of the application for, or the issuance of a license, if the decision is contrary to statute or rule and regulation promulgated by the Commission. All decisions of the License Review Board shall abide by provisions of state and federal statutes and Commission regulations.

(f) Refunds of grizzly bear license fees shall not be allowed under the following circumstances:

  • (i) The licensee illegally purchased more licenses than what was authorized for purchase by Commission regulation or Wyoming statute;
  • (ii) Refunds shall be denied in any circumstance where the licensee hunted on the license as specified in Commission rules and regulations during the year for which the license is issued.

(g) There shall be no right of appeal to the Commission for any decision rendered by the License Review Board or the Department for any provision of this section.

040-68 Wyo. Code R. § 68-10

Adopted, Eff. 6/21/2018.