040-54 Wyo. Code R. §§ 54-6 - Notice of Suspension
(a) Upon receipt of a notice of failure to
comply or upon receipt of a notice of suspension of a person who has a mailing
address in Wyoming, a written notice of suspension shall be prepared by the
Compact Administrator (Administrator) or their designee. Upon discovery by the
Department of a person who has a mailing address outside of Wyoming, whose
license privileges are under suspension in a compact member state, and who has
obtained a license(s) in the State of Wyoming, a written notice of suspension
shall be prepared by the Administrator or their designee.
(b) The written notice of suspension shall be
sent to the violator by first class mail to the violator's last known
address.
(c) The violator shall
have twenty-three (23) days after the date listed in the notice to respond in
writing to the Administrator and request a review of the notice of suspension.
For the Administrator to consider the request for review, the violator shall
provide documentary evidence that supports one (1) or more permissible violator
defense outlined in subsection (d) or (e) of this section. Following the
Administrator's consideration of the request for review and documentary
evidence presented by the violator, the Administrator shall notify the violator
in writing if the notice of suspension remains. If, upon consideration of the
violator's request for review, the Administrator finds cause to support the
suspension, the violator may request a hearing. To be timely, said request must
be received by the Administrator within twenty-three (23) days from the date
affixed to the Administrator's letter denying the review. Failure on the part
of the violator to request a hearing under this section shall automatically
result in suspension of license privileges in Wyoming.
(d) In cases of notice of suspension for the
violator's failure to comply, the response shall only include one (1) or more
of the following defenses:
(i) Want of
authority of the State of Wyoming to suspend under the provisions of the
Wildlife Violator Compact;
(ii)
Failure of the issuing state to properly serve the violator;
(iii) A claim by the violator that the case
has been resolved in the issuing state; or,
(iv) The alleged violator is not the proper
party.
(e) In cases of
notice of suspension for the violator being suspended in a compact state, the
violator's response shall include only one (1) or more of the following
defenses:
(i) Want of authority of the state
of Wyoming to suspend under the provisions of the Wildlife Violator
Compact;
(ii) That the suspension
in the issuing state would not be a suspendable offense in Wyoming;
(iii) That the violator can demonstrate
through court documents that the case is under appeal or the court has amended
terms of the suspension; or,
(iv)
The alleged violator is not the proper party.
(f) Once a determination is made by the
Administrator that license privileges are suspended, the violator cannot
legally apply for, obtain or utilize any existing or future license to hunt,
fish or trap.
Notes
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