Administrative Rule Review Report  #AR11-047

Legislative Service Office

20-Sep-11

 

AGENCY:                                       Game and Fish Department

 

DATE SUBMITTED:                     6/23/2011

 

SUBJECT:                                       Chapter 35, Disabled Hunter & Disabled Hunter         Companion Permits; Chapter 38, Hunters with a

                                                         Qualifying Disability Authorized to Shoot From a Vehicle.

 

NATURE OF RULES:                   Legislative and procedural.

 

STATUTORY AUTHORITY:        W.S. 23-1-302(m)

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:             Apparently complete to date.

 

SUMMARY OF RULES:              

 

Chapter 35 sets forth regulations for disabled hunter and disabled hunter companion permits.   These amended rules allow certification of the disability by a licensed medical doctor, nurse practitioner or physician assistant.  The rules are also amended to disallow use of a disabled hunter permit in Grand Teton National Park or on the National Elk Refuge.

 

Chapter 38 sets forth regulations concerning when a disabled hunter may shoot from a vehicle.  The rules are amended to allow certification of the disability by a licensed medical doctor, nurse practitioner or physician assistant.  The rules also clarify that a permanent permit is valid only as long as the applicant continues to have a qualifying disability.  Finally, the rules are amended to describe the process for revocation or denial of a permit and the appeal of such a decision.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent. 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

                                                         _______________________

                                                         Lynda Cook

                                                         Staff Attorney

 

 

                       _______________________

                                                         David K. Gruver

                                                         Assistant Director