Utah Administrative Code
Topic - Natural Resources
Title R657 - Wildlife Resources
Rule R657-27 - License Agent Procedures
Section R657-27-7 - License Agent Obligations
Universal Citation: UT Admin Code R 657-27-7
Current through Bulletin 2024-18, September 15, 2024
(1) Each license agent must:
(a) comply with the
requirement and provisions provided in Section
23-19-15;
(b) keep wildlife documents or license paper
secure and out of the public view during business hours;
(c) keep wildlife documents or license paper
in a safe or locked cabinet after business hours;
(d) display all signs and distribute
guidebooks provided by the division;
(e) have all sales clerks and management
staff available for sales training;
(f) maintain a License Agent Manual provided
by the division and make it available to the license agent's staff, including
supplemental manuals and addendums; and
(g) retain agent copies of wildlife documents
issued for as long as is necessary for the purposes of the license agent
account reconciliation, at which time agent copies of licenses and permits must
be destroyed by burning, shredding or submitting to the division.
(h) allow agent employees access to the
Utah.gov internet domain from a place wildlife documents are sold in order to
provide access to online resources pertinent to issuing wildlife documents and
assisting customers with wildlife document related questions.
(2) If a license agent becomes delinquent on reporting or remission of proceeds Subsection (2)(a), (2)(b) or (2)(c) shall apply.
(a) The license agent
must immediately submit all reports when due along with the remission of
required proceeds.
(b) If the
license sales report is submitted in accordance with Subsection (1)(a) but
funds are not submitted with the report then the following applies:
(i) A repayment plan may be structured in an
agreement that will allow repayment in equal monthly installments for up to six
months at a payment level that will provide repayment of the principal along
with an annual percentage interest rate (APR) of 12 percent. This APR shall be
calculated back to the date that the payment should have been received in
accordance with Subsection (1)(a);
(ii) If the ongoing monthly report and
proceed submissions are not received for the future months, from the month of
the agreement in accordance with Subsection (1)(a), then any agreement made in
Subsection (2)(b)(i) may be terminated and all outstanding balances and accrued
interest shall become due immediately, along with a penalty of 20 percent of
the unpaid balance. Interest shall continue to accumulate on any unpaid
balance, including the penalty, at the APR;
(iii) Activate the bond and collect all
remaining funds in accordance with Section
R657-27-5 and
hold any remaining unpaid balances of penalty, ongoing interest, and principle
amounts as a receivable from the license agent; or
(iv) If the license agent enters into an
agreement with the division as provided in Subsection (2)(b)(i), and then
violates the terms of that agreement, the division may begin the revocation
process in accordance with Section
R657-27-12.
(c) Nothing in this rule shall be
construed as requiring the division to offer a repayment agreement to a license
agent delinquent on report submissions or proceeds remissions before taking
action to revoke license agent status.
(d) If the license agent does not submit a
monthly report as provided in Subsection (1)(a), or if the license agent does
not immediately pay the delinquent funds or fails to execute and abide by the
terms of a repayment agreement as provided in Subsection (2)(b), the division
may:
(i) change the license agent's status to
deactivated;
(ii) withhold issuing
additional wildlife document inventory;
(iii) withhold access to the agent hunting
and fishing licenses online sales system;
(iv) collect the license agent's inventory of
wildlife documents and license paper, and determine unaccounted inventory of
wildlife documents and license paper;
(v) assess a monetary penalty for each
wildlife document and piece of license paper unaccounted for as provided in
Subsection
R657-27-8(2);
(vi) take action to revoke license agent
status;
(vii) create a receivable
from the license agent that equals the amount due as determined in Subsection
(1)(a) and charge a 20 percent late penalty on the entire balance, and
accumulate the unpaid balance, included penalties, at a 12 percent APR from the
due date of the earliest date in which a license agent failed to submit a
report in accordance with Subsection (1)(a); or
(viii) activate the bond and collect all
available funds remaining in accordance with Section
R657-27-5 and
hold any remaining unpaid balances of penalty, ongoing interest, and principle
amounts as a receivable from the license agent.
(e) A deactivated license agent that has not
been revoked may regain active status by paying all due balances in full, and
providing a bond, provided the license agent is otherwise in compliance with
this rule or any other laws or agreements regulating license agent
activity.
(f)
(i) The division reserves the right to
unilaterally and immediately modify monthly reporting or payment requirements
when any License Agent is:
(A) in
bankruptcy;
(B)
insolvent;
(C) financially
distressed;
(D) unable to meet
reporting or payment obligations; or
(E) otherwise experiencing events or
conditions that may compromise their ability to comply with reporting and
payment obligations.
(ii) The division may require license funds
to be transferred to the division more frequently than monthly, and may require
the use of Automated Clearing House payments, Electronic Funds Transfer
payments, or other expedited methods of payment.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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