Date Filed 02/03/95 Expr Date Supr Date WYOMING GAME AND FISH COMMISSION CHAPTER 31 REGULATIONS GOVERNING AUTHORIZED SELLING AGENTS

Where can a license selling agent be found?
What must a person sign to be designated as subagents within a license selling agency?

Transcription

1 gamefish/hunting/31_regulation_governing_license_selling_agents Agency GAMEFISH Game and Fish Commission Program HUNTING Hunting Chapter Name Regulation Governing License Selling Agents Chapter No.31 Date Filed 02/03/95 Expr Date Supr Date Repeal Date Document Type RULES WYOMING GAME AND FISH COMMISSION CHAPTER 31 REGULATIONS GOVERNING AUTHORIZED SELLING AGENTS Section 1. Authority. These regulations are promulgated by authority of W.S Section 2. Regulation and Effective Date. The Wyoming Game and Fish Commission hereby adopts the following regulations governing the appointment and operation of license selling agencies. These regulations shall remain in effect until modified or rescinded by the Commission. Section 3. Definitions. All terms used herein are referenced to and adopted from definitions contained in Title 23 Wyoming Statutes, and the Commission also adopts the following definitions: (a) License Selling Agent - The individual who is authorized by the Commission to act as its agent for purposes of selling and accounting for specified Wyoming hunting and fishing licenses, tags, stamps, and/or permits. The license selling agent shall be the agent of record and shall be ultimately accountable for all aspects of proper transacting of specified Wyoming Game and Fish business within the respective license selling agency. (b) License Selling Agency - The business establishment and location that the Commission authorizes the license selling agent to conduct specified Wyoming Game and Fish business. (c) License Selling Sub-agent - An individual in the employ of, or responsible to the license selling agent, and is authorized by the Wyoming Game and Fish Department to sell specified Wyoming Game and Fish hunting and fishing licenses, stamps, tags, and/or permits. License selling sub-agents shall be accountable to the license selling agent for all aspects of proper transacting of specified Wyoming Game and Fish business. Section 4. Liability.

2 (a) After a license selling agent has received and signed for licenses, stamps or tags on a license inventory charge document, the Wyoming Game and Fish Department will assume no liability for licenses, license books, stamps, tags or license fees lost, stolen or destroyed. The license selling agent is liable to the Wyoming Game and Fish Department for the cash value of any licenses, stamps, tags or license books that are lost, stolen or destroyed. All license books, stamps and tags remain the property of the Wyoming Game and Fish Department. The license selling agent is responsible for actions of any sub-agent authorized to sell Wyoming Game and Fish licenses at the respective establishment. Section 5. Issuance of Licenses, Stamps and Tags. (a) License selling agents and sub-agents must ensure that all required information is provided on the license form. (b) Resident licenses must be signed at the time of purchase, by the person whose name appears on the license and in the presence of the license selling agent or sub-agent. A license may also be issued upon presentation of a Game and Fish Department authorized application form, properly completed bearing the applicant's signature. (c) For the purpose of conveying hunting and fishing privileges in the State of Wyoming, only official Wyoming Game and Fish license forms may be sold. (d) Under no circumstances may a license selling agent or sub-agent alter the printed form of any Game and Fish license, stamp and/or tag. This includes adding anything other than information required by the license form. Any altered license, stamp and/or tag is void. (e) License issue date may not be predated or postdated. Unless otherwise specified, all hunting and fishing licenses, stamps, tags and permits are valid only during the calendar year printed on the respective form. Some licenses provide for a specific period of validity on the license forms. (f) Once removed from the license selling agency, hunting or fishing licenses, stamps and/or tags may be cancelled only under the written authority of a Game and Fish Department Law Enforcement Officer or the License Sales and Accounting Manager. (g) Unsold licenses, stamps and/or tags may not be removed from the Agency to which they were issued without written authority of the District Game Warden, Regional Wildlife Supervisor or the License Sales and Accounting Manager. Section 6. Void Licenses or Stamps. (a) Licenses or stamps may be voided in accordance with established Wyoming Game and Fish Department procedure. The procedure for voiding any license, stamp, tag or permit shall include, but not be limited to: The word "VOID" written or stamped across the face of the document, the document number, license number issued in lieu of the voided license (if applicable), void date, reason for the void and signature of the agent, sub-agent or employee voiding the document.

3 Section 7. Oath of Office. (a) Approved license selling agents shall complete, sign and return the appropriate Oath of Office Form to the Wyoming Game and Fish Department - License Sales and Accounting Section. Approved license selling sub-agents shall complete, sign and send the appropriate sub- agent approval & Oath of Office form to the Game Warden responsible for that agency as prescribed by Department procedure. (b) Not more than eight (8) persons may sign Oath of Office Forms and be designated as subagents within any one license selling agency, without prior approval of the License Sales and Accounting Manager and Game Warden. (c) Persons who have not been approved by the Commission or Department as prescribed in established procedure are prohibited from selling Wyoming Game and Fish licenses, stamps and/or tags. Section 8. License Inventory Charge Document. (a) The designated license selling agent is required to verify all license books, stamp books and/or tags received from the Game and Fish Department. Such verification must be completed on a License Inventory Charge Document furnished by the Game and Fish Department. This form must be signed and returned within ten (10) days from receipt. Section 9. Monthly License Reports. (a) Monthly License Reports shall be prepared in duplicate on forms provided by the Wyoming Game and Fish Department. The original copy is to be mailed with all fees collected to the Department with the license selling agent retaining the duplicate copy. Sub-agents or business names cannot be used on License Reports. (b) Each appointed license selling agent will be assigned an account number by the Department. This number must be used on all transactions concerning the license selling agency. (c) If no licenses, stamps or tags are sold during the month, the license selling agent shall submit a report indicating no sales. book. (d) Under no circumstances may the pink copy of a license, or stamp be removed from the license Section 10. Duplicate Licenses. (a) With the exception of big or trophy game and wild turkey licenses, any lost or destroyed Wyoming hunting and fishing licenses may be replaced by either purchasing another license or a "Duplicate License". A "Duplicate License" is required for the replacement of lost or destroyed big or trophy game and wild turkey licenses.

4 (b) A duplicate license affidavit form must be properly completed by the licensee and by the license selling agent that issued the original license. (c) License selling agents may not charge fees for any service related to Wyoming Game and Fish license or stamp sales other than that established by Wyoming Statute. Any violation of this provision shall result in immediate cancellation of the Agency selling licenses. Section 11. Examination of Agents Records. (a) All Wyoming Game and Fish license selling agencies are subject to audit of any and all records and documents relating to hunting and fishing license, stamp and/or tag sales. These audits may be conducted without prior notification by a Department representative authorized by the Chief Fiscal Officer. Any audit of records also extends to records, documents and other writings in possession or custody of accountants, lawyers or agents. Failure to allow or permit an audit will result in immediate cancellation of the Agency selling licenses. Section 12. Appointment of License Selling Agents. (a) The Wyoming Game and Fish Commission shall regulate the maximum number of hunting and fishing license agencies in each Game Warden District as described in Appendix A of this Section. The Commission may change the number of Agencies within a District based on a demonstrated need. (b) Applications for vacant license agency positions, that the Department elects to fill, shall be solicited for by public notice in statewide and/or local news media. (c) Applications for license selling agencies must be submitted on forms supplied by the Wyoming Game and Fish Department - License Sales and Accounting Section. (d) Untimely applications will not be considered by the Wyoming Game and Fish Department. Section 13. Criteria for Determining the Appointment of License Selling Agencies. In-state license selling agencies will be appointed on a competitive basis using the following criteria: (a) Availability of an Agency position in a Warden District as provided in Section 12 of this Chapter. (b) Consideration of the applicant's ability to satisfy all conditions as provided below: (i) Proximity to Existing Agencies - Agencies will be considered for appointment on the basis of their physical location in relation to existing Agencies.

5 (ii) Public Service - Consideration will be given to an applicant's ability to provide at least, but not necessarily limited to the following services to the license buyer: recreation. (A) Knowledgeable, reliable and personalized information on wildlife associated (B) Products and services normally associated with wildlife related recreation. (C) Optimum period of operation. (D) Customer service consistent with the Department's goals and objectives. License selling applications may be denied if it is determined that the establishment of the Agency will adversely affect the stability of an existing Agency. Section 14. Criteria for Appointment of Out-of-State License Selling Agencies. (a) Applications for license selling agencies which are located in states contiguous with Wyoming, will be reviewed by the Wyoming Game and Fish Department on a case-by-case basis. (i) The District Game Warden, through the Regional Wildlife Supervisor, will notify the Chief Fiscal Officer of the possible need to establish an out-of-state license selling agency. (ii) Applicants for out-of-state license selling agencies shall complete the standard application form and consideration for approval of the Agency will generally, but not necessarily be limited to, criteria set forth in Section 13 of this regulation. (iii) Out-of-state Agencies will be authorized to sell licenses as listed below. (A) Nonresident Fishing (B) Tourist Fishing (C) Nonresident Game Bird (D) Nonresident Small Game (E) Conservation Stamps (F) Reciprocity Stamps (G) Nonresident Archery

6 Section 15. License Agent Bonding, Initial License Distribution and Training. (a) Within thirty days of appointment, all new license selling agents shall be notified of a schedule date and required to travel to the Wyoming Game and Fish Headquarters in Cheyenne at their expense to pay the annual bonding fee as prescribed by W.S , attend a License Selling Agency Orientation and Training Seminar, and pick up their initial license allocation. At any time, a license selling agent may be required to travel at his or her expense to the Department Headquarters to attend remedial training at the direction of the License Sales and Accounting Manager. Failure to attend the training session may result in cancellation of the Agency. Section 16. Transfer of License Selling Agencies. (a) A Wyoming Game and Fish License Selling Agency may be transferred to a new owner of the same business establishment or to another location of the same business establishment only upon approval of the Chief Fiscal Officer and the District Game and Fish Commissioner, following favorable recommendation by the respective District Game Warden, Regional Wildlife Supervisor, and the License Sales and Accounting Manager. Section 17. Cancellation of License Selling Agencies. (a) The Chief Fiscal Officer, with concurrence from the responsible District Commissioner, may cancel license selling agencies on the basis of recommendation of the License Sales and Accounting Manager, noncompliance with Wyoming Statute or Commission Regulation, or any Agency which is determined to be non-beneficial in the service to the public or Wyoming Game and Fish Department. (b) Upon cancellation, the Agency shall immediately cease selling licenses, stamps and/or tags. The Chief Fiscal Officer shall direct License Sales and Accounting Section personnel to travel to the cancelled Agency location and along with the Game Warden, perform an audit of, and pick up the corresponding sales records, licenses, stamps and/or tags. If requested, the agent shall be entitled to a hearing before the Game and Fish Commission. Request for the hearing must be made in writing to the Chief Fiscal Officer within ten (10) business days after receipt of the notice of cancellation. Upon receipt of the request for hearing, the Chief Fiscal Officer shall schedule the cancelled agent to appear in front of the Commission at the next regularly scheduled Commission Meeting. Section 18. Policy and Procedure Provisions. The Department shall develop and maintain policies and procedures necessary to carry out the provisions of this chapter. WYOMING GAME AND FISH COMMISSION Dated: December 6, 1994 By: KARI B. PRIEWE, PRESIDENT

7 APPENDIX A WYOMING LICENSE SELLING AGENTS BY WARDEN DISTRICT WARDEN TOTAL WARDEN TOTAL DISTRICT AGENTS DISTRICT AGENTS Casper (East) 6 Cokeville 2 Casper (West) 5 Afton 8 Kemmerer 4 Cheyenne 9 Douglas 5 Sheridan 12 Glenrock 3 Dayton 3 Lusk 3 Green River 7 Rock Springs 7 Thermopolis 3 Baggs 2 Buffalo 7 Laramie (North) 3 Kaycee 2 Laramie (South) 4 Gillette 7 Saratoga 8 Medicine Bow 3 Moorcroft 4 Rawlins (East) 5 Sundance (North) 4 Rawlins (West) 4 Sundance (South) 3 Elk Mountain 3 Torrington 7 Mountain View 4 Evanston 5 Wheatland 7 Ten Sleep 3 Greybull 5 Worland 6 Lovell 3 Newcastle 4 Dubois 5 Riverton (North) 4 Jackson (North) 8 Riverton (South) 4 Jackson (South) 7 Lander 8 Alpine 6 Pinedale (North) 3 Powell 9 Pinedale (South) 5 Cody (North) 4 Big Piney 2 Cody (South) 2 Meeteetse 1