Current through Bulletin 2024-18, September 15, 2024
(1)
(a) A
person may file an appeal of a presiding officer's decision with the Wildlife
Board.
(b) The appeal must be in
writing and the respondent shall send a copy of the appeal by mail to the chair
of the Wildlife Board and each of the parties.
(2) The appeal must be received within 30
calendar days after the issuance of the presiding officer's decision and
order.
(3) The appeal shall:
(a) be signed by the respondent or the
respondent's legal counsel;
(b)
state the grounds for appeal and the relief requested; and
(c) state the date upon which it was
mailed.
(4)
(a) Within 30 calendar days after the mailing
date of the appeal, any party may file a written response with the Wildlife
Board.
(b) A copy of the response
shall be sent by mail to the chair of the Wildlife Board and each of the
parties.
(5) The
Wildlife Board may hold a de novo formal hearing in accordance with the
provisions of Section
63G-4-204
through Section
63G-4-208.
The Wildlife Board may convert the hearing to an informal hearing anytime
before a final order is issued if:
(a)
conversion of the proceeding is in the public interest; and
(b) conversion of the proceeding does not
unfairly prejudice the rights of any party.
(6) At the conclusion of the hearing, the
Wildlife Board may:
(a) affirm the
decision;
(b) vacate or remand the
decision;
(c) amend the type of
suspension ordered by the presiding officer; or
(d) amend the suspension period not to exceed
the statutory maximums.
(7) The Wildlife Board chair may vote in an
adjudicative proceedings decision, and any Wildlife Board decision shall be
supported by a majority of the voting members present.
(8)
(a)
Within a reasonable time after the close of the formal hearing, the chair of
the Wildlife Board shall issue a written order that affirms, vacates or remands
the decision or amends the type of suspension ordered by the hearing
officer.
(b) The order on review
shall be signed by the chair of the Wildlife Board and mailed to each
party.
(c) The order on review
shall contain:
(i) a designation of the
statute permitting review;
(ii) a
statement of the issues reviewed;
(iii) findings of fact as to each of the
issues reviewed;
(iv) conclusions
of law as to each of the issues reviewed;
(v) whether the decision of the presiding
officer is to be affirmed, reversed, modified, and whether all or any portion
of the adjudicative proceeding is to be remanded;
(vi) a notice of any right of further
administrative reconsideration; and
(vii) the time limits applicable to any
review.
