Current through Register Vol. 35, No. 24, December 23, 2024
The denial of an importation permit may only be set aside if
each step in the application and appeal process is adhered to sequentially and
the appeal is conducted in accordance with the following procedures.
A. Director's review: any applicant whose
importation permit application has been denied may request a review by the
director in accordance with the following procedures.
(1) Theapplicant must submit by certified mail a written request
to the director within 30 days of denial.
(2) A request for the director's review must contain the reason
for the objection.
(3) Thedirector
will consider any additional evidence and information that was not previously
considered in the initial denial.
(4) The director will consider any conflicts with native wildlife,
threats to human health, domestic animals or livestock and qualified expert
designation when making a determination.
(5) The designation within a specified group on the director's
species importation list cannot be used as the basis for review or
appeal.
(6) The director shall
make a determination and send the applicant his decision within 45
days.
(7) The determination to
approve or deny a qualified expert designation by the director is final and is
not subject to appeal.
B. Commission appeal: any applicant may
appeal the decision by the director in accordance with the following
procedures.
(1) The applicant must submit by
certified mail a written appeal to the chairman of the state game commission
within 20 days of denial by the director.
(2) The appeal to the chairman must contain the reason for the
objection.
C. Basis for
decision:The commission may set aside the decision of the director only if;
(1) the commission determines that the
decision of the director was arbitrary or capricious;
(2) the decision of the director was not
based on law or regulation;
(3)
the appellant provides additional data or proves significant evidence that
contradicts the data of the department;
(4) the decision of the commission shall be final.
D. An appeal filed with the
commission will be heard at the next scheduled commission meeting subject to
agenda item availability and related time constraints.
