R657-57-11. Wildlife Board Variance Authority

(1) Except as provided otherwise in this rule, the Wildlife Board may grant a variance to any regulation promulgated in Title R657 of the Administrative Code or in proclamation concerning the acquisition or use of a wildlife document, provided the event or condition justifying the variance: (a) is not the result of the applicant's willful misconduct or gross negligent acts or omissions; (b) substantially precludes the applicant from participating in the activity authorized by the wildlife document; or (c) completely or significantly impairs the applicant from filing a timely application in a Division administered drawing; and (d) is of a nature that it deprives opportunity from the applicant in a substantially more severe manner than other similarly situated individuals. (2) The Wildlife Board is limited to considering only those variance applications on which the Division has issued a letter indicating the variance relief sought is beyond its legal authority to grant. (3) The Wildlife Board shall consider the Division's recommendation on a variance request. (4) The Wildlife Board may grant a variance that extends a wildlife document season no more than one year into the future. (5) The Wildlife Board may award a bonus or preference point pursuant to a variance request only when the applicant would have received such a point had the event or condition not intervened. (6) The Wildlife Board may not grant a variance: (a) where the request is filed with the Division beyond the 30 day deadline established in Subsection R657-57-7(1); (b) where the applicant is not substantially precluded from participating in the prescribed wildlife activity; (c) for a season extension on any hunt not identified in Subsection R657-57-4(1)(a)(i) as eligible for a season extension; (d) where the applicant was successful in harvesting an animal for which the wildlife document was issued; or (e) in direct conflict with any provision of the Wildlife Code or elsewhere in statute. (7) The Wildlife Board may not refund wildlife document fees, except as authorized in Sections 23A-4-207 and 23A-4-301.