R657-72-3. Application Requirements and Approval

(1) An applicant must obtain a certificate of registration from the division to provide guiding or outfitting services and to be compensated as a guide or outfitter. (2) An application to operate as an outfitter must contain: (a) the name of the applicant, and if the applicant is an entity, proof of registration with Utah Business Entities, Department of Commerce; (b) a brief description of the services that will be provided; (c) proof of possession of a hunting, fishing, or combination license relevant to services being provided, or if the outfitter is an entity, have at least one individual designated by the outfitter hold the appropriate license; (d) all necessary federal permits to operate on federal land; (e) attestation that workers' compensation insurance and commercial liability insurance to cover employees and clients has been obtained; and (f) payment of the fee described in Section 23A-4-1202. (3)(a) Guides must obtain a certificate of registration for each outfitter they intend to work for. (b) An affiliate code to provide guide services with a particular outfitter can be obtained from the outfitter. (c) To operate as a guide the applicant must acquire a guide certificate of registration from the division using the affiliate code obtained from each outfitter the guide intends to work for. (d) An applicant for guide must pay the annual fee described in Subsection 23A-4-1202(4) one time for each guide year, regardless of the number of outfitters the guide intends to work for. (4) In reviewing an application, the division shall consider: (a) the completeness and accuracy of the application; (b) any conviction of, a plea of no contest to, or a plea held in abeyance of Title 23A, the Wildlife Resources Act; (c) any license suspension action that has been reciprocated pursuant to the Interstate Wildlife Violators Compact; and (d) any conviction of, a plea of no contest to, or a plea held in abeyance to a crime of moral turpitude by the applicant or an applicant's employees, that when considered with the functions and responsibilities of a guide or outfitter bears a reasonable relationship to the applicant's ability to responsibly operate as a guide or outfitter. (6) A denial of an application for a certificate of registration is a final agency action and the applicant may appeal the denial by filing a Request for Agency Action with the division under Rule R657-2 Adjudicative Proceedings. (7) Certificates of registration approved by the division will expire at the end of the guide year, on March 31, annually.