Code of Colorado Regulations
400 - Department of Natural Resources
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
2 CCR 406-16 - CHAPTER W-16 - PARKS AND WILDLIFE PROCEDURAL RULES
Article VIII - GRAY WOLF INJURIOUS HAZING AND LETHAL TAKE PERMITS
Section 1690 - PROCEDURES FOR APPLYING FOR AND APPEALING A DENIED GRAY WOLF PERMIT
Current through Register Vol. 47, No. 17, September 10, 2024
A.
Applications to conduct activities requiring express authorization from the
Division under state law, including Chapter W-10, #1000.A.11 or #1001.B or
#1001.C, such as applications for authorization to injuriously or lethally take
gray wolves, including retroactive authorization for take of wolves caught in
the act of attacking livestock or working dogs, must be filed in the relevant
CPW Area Office or via email at wolf.permits@state.co.us on an application form
provided by the Division. The relevant CPW Area Office means the CPW office
having administrative responsibility over some or all of the lands where the
claimed wolf depredation at issue occurred, or is occurring, as shown on the
Areas, Districts, and Office Locations map on the CPW website, available at
B. The Region Manager responsible for the lands identified in the application will review such an application promptly and after consulting with the Director of the Division, will issue a written notice of the action taken by the agency. If the application for authorization is denied, the grounds therefor shall be given to the applicant ("Region Manager Decision"). The giving of such notice shall be via mail to the same address as shown on the application. Such notice will be provided via email if the applicant provided an email address on their permit application. If mailed, the Region Manager Decision must contain a certificate of mailing evidencing when the decision was mailed to the applicant and is effective upon mailing. If emailed, the Region Manager Decision is effective upon transmission by the Division.
C. Subject to paragraph G below, if the application is denied in the Region Manager Decision, the applicant may appeal the Region Manager Decision to the Commission by filing a written notice of appeal with the Commission within 45 days from the effective date of the Region Manager Decision. The notice of appeal must be sent to "CPW Wolf Permit Appeals - Attention Commission Appeals" 6060 Broadway, Denver, CO 80216. If a timely appeal is not made to the Commission, the Region Manager Decision shall become final.
D. The notice of appeal must contain contact information for the applicant, state the legal and factual reasons why the application should be granted, and identify the relief sought by the applicant. The notice of appeal must contain all documents and information necessary for the applicant to meet their burden of proof.
E. The Commission will review the appeal at its next regularly scheduled meeting and issue a written decision ("Commission Decision"). Provided, however, the applicant may request an earlier hearing. The Division Director or their designee will notify the applicant of the Commission Decision in the same manner as provided for in the Region Manager Decision. If mailed, the Commission Decision is effective upon mailing. If emailed, the Commission Decision is effective upon transmission by the Division Director or their designee. At the time of filing the appeal, the applicant may provide other written materials in support of their appeal but, unless ordered by the Commission Chair, oral testimony will not be accepted.
F. The Commission Decisions constitute final agency action.
G. Nothing in these rules enables any person to file a notice of appeal over a Region Manager Decision denying a permit application seeking retroactive authorization for take of gray wolves caught in the act of attacking livestock or working dogs pursuant to chapter W-10, #1001.B; such a decision constitutes final agency action subject only to appeal as authorized by § 24-4-106, CRS (judicial review).
