Current through Bulletin 2024-18, September 15, 2024
(1) A
division error, which results in the rejection or incorrect processing of an
application to obtain a wildlife document through a drawing, may be handled as
provided in Subsections (a) through (d).
(a)
If the drawing has not been held, the division may extend the application
deadline and evaluate the application as though filed timely.
(b) If the drawing is over and the wildlife
document applied for is available, the division may issue the wildlife
document.
(c) If the drawing is
over and the wildlife document applied for is not available, the division must
follow the procedures set forth in Subsection (7).
(d) If an application is for one or more
persons applying as a group, the division may treat the remaining members of
the group the same as the applicant.
(2) A division error, which results in an
application denial for wildlife documents other than those issued through a
drawing, may be resolved by extending the application deadline and evaluating
the application as though filed timely.
(3) A division error, which results in an
impermissible surrender or exchange of a wildlife document may be resolved by
extending the deadline necessary to validate the surrender or exchange,
provided:
(a) the applicant has not
participated in the activity authorized by the surrendered wildlife document;
and
(b) the applicant shall be
substantially prejudiced if relief under this section is not granted.
(4) A division error, which
results in the improper denial of a wildlife document, may be resolved as
provided in Subsections (a) through (b).
(a)
If the wildlife document erroneously denied is available, the division may
issue the wildlife document.
(b) If
the wildlife document erroneously denied is not available, the division must
follow the procedures set forth in Subsection (7).
(5) A division error, which results in the
erroneous issuance of a wildlife document may be resolved as provided in
Subsections (a) through (b).
(a) If the
wildlife document requested by the applicant prior to or at the time of the
error is currently available, the division may issue the wildlife
document.
(b) If the wildlife
document requested by the applicant prior to or at the time of the error is
currently not available, the division must follow the procedures set forth in
Subsection (7).
(6) A
division error, which directly results in the applicant's loss of bonus points
or the imposition of a waiting period, may be resolved by restoring part or all
of the bonus points and removing the waiting period.
(7) Procedures for issuing wildlife documents
otherwise unavailable for distribution are as follows:
(a) If the applicant would have received a
wildlife document absent an error, or if the applicant received a wildlife
document because of an error, the division shall determine if an additional
wildlife document beyond the applicable quota may be issued without detriment
to the particular wildlife species in a specific hunt area.
(i) If issuing the additional wildlife
document is not detrimental to the species in the hunt area, the division may
issue the wildlife document, except as provided in Subsection (A).
(A) Only the Wildlife Board may approve
issuing an additional permit for a once-in-a-lifetime hunt.
(B) Additional CWMU permits may not be
issued.
(ii) If a
wildlife document cannot be issued, the applicant may be placed at the top of
the alternate drawing list.
(iii)
If a wildlife document is not issued under Subsection (i) or (ii), the division
may issue a bonus point or preference point, whichever is applicable.
(iv) If a bonus point or preference point
does not apply, the division may issue a refund of the wildlife document and
handling fee.
(b) If the
applicant would not have received a wildlife document in a drawing, absent an
error, the division may issue a bonus point or preference point, where
applicable.
(c) If the wildlife
document was applied for through a division drawing and the hunting season for
that wildlife document is over, the division may:
(i) issue a bonus point or preference point
for which the application was submitted, where applicable; or
(ii) issue a refund of the wildlife document
and handling fee where bonus points or preference points do not
apply.
