Wyoming Administrative Code
Agency 040 - Game and Fish Commission
Sub-Agency 0001 - Game and Fish Commission Regulations
Chapter 33 - SCIENTIFIC RESEARCH, EDUCATIONAL OR SPECIAL PURPOSE PERMITS
Section 33-6 - Process for Appealing a Department Decision

Universal Citation: WY Code of Rules 33-6

Current through September 21, 2024

(a) The applicant may appeal a permit denial or other Department decision made under the authority of this regulation by submitting a written request to the Department Permitting Officer at Department headquarters for reconsideration within thirty (30) consecutive days from the date of receipt of written notification of the decision being contested. If an applicant fails to request an appeal within thirty (30) consecutive days, the applicant shall waive their ability to make any future appeal request regarding the Department's decision.

(b) Upon receipt of a written request for reconsideration, the Permitting Officer shall notify the Chief of the Wildlife Division or Chief of the Fish Division as appropriate. The Chief shall establish a Department Decision Review Board (Board) consisting of five (5) Department employees, no more than two (2) of whom were directly involved in the initial decision.

(i) The Board shall review the Department's decision and may consider any additional information provided by the applicant.

(ii) The Board shall either uphold the Department's decision or approve the appeal request, in full or in part. The Board's decision shall be sent to the applicant as a certified, registered letter with return receipt within fifteen (15) consecutive days of the Board receiving the written request for appeal.

(c) The applicant may appeal the decision of the Board by submitting a written request to the Director of the Department at Department headquarters for reconsideration. This request shall be received at Department headquarters no later than thirty (30) consecutive days after the applicant receives the Board's decision letter. If an applicant fails to request an appeal within thirty (30) consecutive days from the date they received the Board's decision letter, the applicant shall waive their ability to make any future request for reconsideration of the Department's decision.

(i) The Director, or designee, shall conduct a review of the Department's and the Board's decision and may consider any additional information provided by the applicant.

(ii) The Director shall either uphold the Department's decision or approve the appeal request in full or in part. The Director's decision shall be sent to the applicant as a certified, registered letter with return receipt within fifteen (15) consecutive days of the applicant's written request for reconsideration.

(d) An applicant may appeal the decision of the Director by submitting a written request to the President of the Commission at Department headquarters no later than thirty (30) consecutive days after the applicant received the Director's decision letter. If the applicant fails to submit a request for reconsideration within thirty (30) consecutive days from the date they received the Director's decision letter, the applicant shall waive their ability to make any future request for reconsideration of the Department's decision.

(i) The Commission shall hold a contested case hearing under Commission Regulation Chapter 27, Rules of Practice Governing Contested Cases before the Wyoming Game and Fish Commission to review the Director's decision.

(ii) The Commission shall either uphold the Director's decision or approve the appeal and issue a new decision. The Commission shall provide its final decision on the matter to the applicant at their next regularly scheduled Commission meeting.

(e) An applicant may appeal a decision of the Commission by filing with the appropriate Wyoming District Court.

Disclaimer: These regulations may not be the most recent version. Wyoming 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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