Current through Bulletin 2024-18, September 15, 2024
(1) A person
may request a variance pursuant to the requirements of this rule by filing an
application with the Division within 120 days of the:
(a) last day of the hunting season for which
a season extension variance is requested; or
(b) drawing application deadline for which a
bonus or preference point variance is sought.
(2) The Division may not grant a variance
under this rule when the application is received beyond the 120 days limitation
period set forth in Subsection (1).
(3) An application for a season extension
variance under Subsection
R657-57-4(1),
a bonus point restoration and waiting period waiver variance under Subsection
R657-57-4(2),
or a preference point restoration variance under Subsection
R657-57-4(3)
shall contain the following information and documentation:
(a) name, address and telephone number of the
applicant;
(b) a brief statement of
the variance relief sought;
(c) the
original wildlife document for which a season extension variance is sought with
an undetached and unnotched tag;
(d) a statement verifying the applicant was
substantially precluded from participating in a qualified hunt because of:
(i) personal illness or injury;
(ii) the death, or significant injury or
illness of an immediate family member;
(iii) mobilization or deployment under orders
of the United States Armed Forces, or a public health or public safety
organization in the interest of national defense or a national emergency;
or
(iv) COVID-19 related personal
health concerns or general public health restrictions imposed by the federal
government, a state, or a local government; and
(e) corroborating documentation of the
qualifying event or condition listed in Subsection (3)(d), in the form of:
(i) a physician's written statement
describing and confirming the qualifying injury or illness of the applicant or
an immediate family member;
(ii) a
photocopy of the deceased immediate family member's certified death
certificate;
(iii) a photocopy of
the military orders, or a letter from an employment supervisor on official
public health or public safety organization letterhead stating;
(A) the branch of the United States Armed
Forces, or name of the public health organization or public safety organization
from which the applicant is deployed or mobilized; and
(B) the nature and length of duty while
deployed or mobilized; or
(iv)
(A) a
physician's written statement explaining and verifying that underlying health
conditions place the applicant at risk of life-threatening COVID-19
complications, if contracted, and that participation in the permitted activity
will significantly increase the applicant's risk of contracting COVID-19;
or
(B) a photocopy of the COVID-19
related federal, state, and local laws, orders, or directives substantially
precluding the applicant from participating in the permitted
activity.
(4) An application for a bonus or preference
point variance under Subsection
R657-57-4(4)
shall contain the following information and documentation:
(a) name, address and telephone number of the
applicant;
(b) a brief statement of
the variance relief sought;
(c) a
description of the wildlife document application and permit type for which a
bonus or preference point variance is sought, including the wildlife species
and sex, season dates, and weapon type;
(d) a statement verifying the applicant was
precluded or substantially impaired from submitting a wildlife document
application because of:
(i) personal illness
or injury;
(ii) the death, or
significant injury or illness of an immediate family member; or
(iii) mobilization or deployment under orders
of the United States Armed Forces, or a public health or public safety
organization in the interest of national defense or a national
emergency.
(e)
corroborating documentation of the qualifying event or condition listed in
Subsection (3)(d), in the form of:
(i) a
physician's written statement describing and confirming the qualifying injury
or illness of the applicant or an immediate family member;
(ii) a photocopy of the deceased immediate
family member's certified death certificate; or
(iii) a photocopy of the military orders, or
a letter from an employment supervisor on official public health or public
safety organization letterhead stating:
(A)
the branch of the United States Armed Forces, or name of the public health
organization or public safety organization from which the applicant is deployed
or mobilized; and
(B) the nature
and length of their duty while deployed or mobilized.
(5) The Division may
reject an application that is incomplete or that contains false or misleading
information.
(6) The Division may
require the applicant to provide additional information, documentation, or
clarification in conjunction with an application to determine eligibility for a
variance.
(7) The Division should
make its written decision within 30 days of receiving an application for
variance and mail a copy of the decision to the applicant.
