Wyoming Administrative Code
Agency 040 - Game and Fish Commission
Sub-Agency 0001 - Game and Fish Commission Regulations
Chapter 51 - PRIVATE FISH HATCHERIES
Section 51-18 - Department Decision Appeals Process

Universal Citation: WY Code of Rules 51-18

Current through September 21, 2024

(a) This process applies to appeals allowed in the Requesting an Appeal to a Department Decision section of this regulation and Commission Regulations Chapter 49, Private Stocking of Cold-Blooded Wildlife; Chapter 50, Fishing Preserves and Chapter 53, Landowner Fishing Lakes or Ponds.

(b) Upon receipt of a written request for reconsideration, the Chief of Fisheries 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 appellant as a certified, registered letter with return receipt within fifteen (15) consecutive days of the Board receiving the written request for appeal.

(c) The appellant 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 appellant receives the Board's decision letter. If the appellant fails to request an appeal within thirty (30) consecutive days from the date they received the Board's decision letter, the appellant 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 appellant.

(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 appellant as a certified, registered letter with return receipt within fifteen (15) consecutive days of receipt of the request for reconsideration.

(d) The appellant 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 appellant receives the Director's decision letter. If the appellant fails to submit a request for reconsideration within thirty (30) consecutive days from the date they received the Director's decision letter, the appellant 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 appellant at their next regularly scheduled Commission Meeting.

(e) The appellant 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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