040-28 Wyo. Code R. §§ 28-5 - Notification of Damage and Filing of Damage Claims
(a) Any claimant who has incurred damage as
defined in Section 2 of this regulation shall report the damage to the nearest
game warden, supervisor, or Commission member within fifteen (15) consecutive
days following the date damage was discovered. If the claimant intends to take
actions that prevent the damage being investigated by the Department, such as
harvest of damaged crops or removal of damaged livestock, the claimant shall
notify the nearest game warden, supervisor, or Commission member as soon as
reasonably possible after discovery of the damage so the damage can be
investigated by the Department prior to removal, harvest, modification or
destruction of the damaged property; however, in no case shall the claimant
take actions that preclude the damage being investigated by the Department. If
the claimant denies or precludes the damage being investigated by the
Department, the Department shall deny the verified claim.
(b) The claimant shall present a verified
claim in accordance with Section 9 of this regulation to the Office of the
Department within sixty (60) consecutive days following the date the last item
of damage was discovered.
(i) For verified
claims of damage to individual livestock by a trophy game animal,
or gray wolf in accordance with W.S. §
23-1-901 (g) and (h), the sixty
(60) consecutive day period shall commence from the last date the livestock
were lawfully present on the grazing allotment or geographic location where the
damage occurred, and no later than sixty (60) consecutive days following the
last day of the calendar year in which the damage occurred;
(ii) For verified claims of damage to bees,
hives and honey by a trophy game animal, or gray wolves in accordance with W.S.
§
23-1-901 (g) and (h), the sixty (60) consecutive day period shall
commence from the last date damage occurred or from the last date the bees,
hives and honey were present on the location where the damage occurred,
whichever date occurs first, and no later than sixty (60) consecutive days
following the last day of the calendar year in which the damage occurred;
and,
(iii) For verified claims of
damage to land, growing cultivated crops, seed crops, stored crops,
improvements or extraordinary damage to grass by big game animals, trophy game
animals or gray wolves in accordance with W.S. §
23-1-901 (g) and (h) or
game birds, the sixty (60) consecutive day period shall commence from the last
date the growing cultivated crop or seed crop was harvested or the land, stored
crops or improvements were damaged or the extraordinary damage to grass
occurred.
(iv) Verified claims for
big game, trophy game or gray wolf in accordance with W.S. §
23-1-901 (g)
and (h) and game bird damage shall not exceed three hundred sixty five (365)
consecutive days from when the damage was reported to the Department. Nothing
in this section prevents a claimant from initiating a new damage claim after a
three hundred sixty five (365) consecutive day time period in accordance with
W.S. §
23-1-901 and this regulation.
(c) If a claimant chooses to appeal the
Department's decision regarding a verified claim award to the Commission, the
claimant shall file a written appeal that is received by the Office of the
Department within thirty (30) consecutive days from the date the claimant
received the Department's notification of its award decision on the verified
claim.
(d) The claimant shall have
no right of appeal to the Commission of the Department's denial of the claim if
based upon the information provided by the claimant in the verified claim, the
claimant failed to comply with subsection (a) or (b) of this section. The
claimant shall have no right of appeal to the Commission of the Department's
decision on a verified claim if the claimant failed to comply with subsection
(c) of this section.
(e) The U.S.
Postal Service or any other mail delivery service providers are not agents of
the Department. Therefore, the Department cannot assume responsibility for mail
delivery to the Office of the Department. It is the claimant's responsibility
to assure the delivery of a verified claim to the Office of the
Department.
Notes
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