Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.15-006 - Administrative License Suspension, Violation, Penalty and Miscellaneous Regulation Proposals

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER
		  01.00
- GENERAL INFORMATION
01.00-1
PENALTIES UPON
		  CONVICTION
Unless otherwise noted, upon a person's conviction for violation
			 of a Commission regulation, a court of competent jurisdiction shall be
			 authorized to impose a monetary fine and jail sentence within the following
			 penalty ranges:
Class 1 Offense
- Fine of
			 $100 to $1,000 and ajail sentence of 0 to 30 days
Class 2
			 Offense
- Fine of $250 to $2,500 and ajail sentence of 0 to
			 60 days
Class 3 Offense
- Fine of $500 to
			 $5,000 and ajail sentence of 0 to 90 days
Class 4
			 Offense
- Fine of $750 to $7,500 and ajail sentence of 0 to
			 180 days.
Class 5 Offense
- Fine of
			 $1,000 to $10,000 and ajail sentence of 0 to 1 year.
In lieu of a jail sentence, the court may impose community
			 service upon conviction. Further, the court may suspend or revoke that person's
			 hunting and/or fishing rights, privileges, and related licenses . The
			 Commission reserves the sole authority to assign violation points for
			 violations of Commission regulations and to administratively suspend or revoke
			 hunting and/or fishing rights, privileges, and related licenses and as a
			 remedial action for the protection of the wildlife resources of the
			 State.
01.00-J
ENHANCED
		  PENALTIES
A person who is convicted of violating a Commission regulation
			 and who has previously been convicted of violating the same or similar
			 regulation may, at the discretion of the court, be subject to enhanced
			 penalties as outlined in the below sentencing chart.
Enhanced Penalty for 2nd
						  Offense
Enhanced Penalty for 3rd
						  Offense
Enhanced Penalty for 4th
						and All Subsequent Offenses
Class 1 Offense
Same as Class 2 Base Penalty
Same as Class 3 Base Penalty
Same as Class 4 Base Penalty, mandatory jail
						sentence
Class 2 Offense
Same as Class 3 Base Penalty
Same as Class 4 Base Penalty, mandatory jail
						sentence
Same as Class 5 Base Penalty, mandatory jail
						sentence
Class 3 Offense
Same as Class 4 Base Penalty
Same as Class 5 Base Penalty, mandatory jail
						sentence
Same as Class 5 Base Penalty, mandatory jail
						sentence
Class 4 Offense
Same as Class 5 Base Penalty
Same as Class 5 Base Penalty, mandatory jail
						sentence
Same as Class 5 Base Penalty, mandatory jail
						sentence
Class 5 Offense
Same as Class 5 Base Penalty, mandatory jail
						sentence
Same as Class 5 Base Penalty, mandatory jail
						sentence
Same as Class 5 Base Penalty, mandatory jail
						sentence
01.00-K
POINT SYSTEM FOR HUNTING, FISHING AND/OR BOATING VIOLATIONS
(A) The Commission shall assign violation
		  points to:
(1) a person convicted of
		  violating a Commission hunting, fishing or boating regulation;
(2) a person convicted of violating a
		  federal wildlife law or regulation in Arkansas; and
(3) in accordance with Code 01.00-Q, an
		  Arkansas resident convicted of a wildlife offense in another state that is a
		  member of the Interstate Wildlife Violator Compact as follows :t
Class of Offense
Points
Class 1 Offense
6
Class 2 Offense
12
Class 3 Offense
18
Class 4 Offense
30
Class 5 Offense
99
The violation point value for a federal wildlife law or
			 regulation violation shall be equal to the violation point value for the most
			 similar Commission regulation violation. If a court imposes an enhanced penalty
			 pursuant to Code 01.00-J, the Commission shall assign corresponding violation
			 points for the higher class of offense.
(B) Violation points will remain on a
		  person's violation record indefinitely. However, the Commission will consider
		  only violation points accumulated within a five-year period for the purpose of
		  determining a person's eligibility for suspension or revocation under Code
		  1.00-L(C).
01.00-L
DENIAL, SUSPENSION OR REVOCATION OF LICENSES, PERMITS, TAGS AND
		  STAMPS
(A) The Director of the Arkansas
		  Game and Fish Commission or his designated representative, is authorized to
		  suspend or revoke the hunting and fishing rights and privileges and any
		  Commission-issued license, permit, tag or stamp of any person and to deny the
		  application of any applicant in accordance with due process upon reasonable
		  cause or a showing through the Commission's records or other sufficient
		  evidence that the person has met one or more of the following criteria:
(1) accumulated violation points for hunting,
		  fishing, or boating violations
		  (
CodeOl.OOL(C))
;
(2) made a material misrepresentation or
		  practiced fraud or deceit in an attempt to obtain or use a license, permit, tag
		  or stamp;
(3) permitted a
		  fraudulent or unlawful use of his license, permit, tag or stamp;
(4) under either federal law or another
		  state's law, has received a lifetime revocation of his or her hunting or
		  fishing rights or privileges or any related licenses, or been convicted within
		  the past-five years of a hunting or fishing violation, which, if the conviction
		  had been pursuant to Arkansas law, would have been grounds for suspension or
		  revocation;
(5) failed to comply
		  with any term of a license, permit, tag or stamp;
(6) failed to comply with any term of a
		  citation for a hunting or fishing violation (including, without limitation,
		  failure to appear in court or to otherwise resolve the case such as by paying a
		  fine); or
(7) has received a
		  suspension or revocation of his or her hunting or fishing rights, privileges,
		  or any related licenses by another state that is a member of the Interstate
		  Wildlife Violator Compact Act. (Code 01.00-Q).
(B) The Director of the Arkansas Game and
		  Fish Commission, or his designated representative, shall deny for a period of
		  three years all applications for Commission permit hunts submitted by an
		  applicant who has accumulated 12 or more violation points within a three-year
		  period from the date of the applicant's application.
(C) The Director of the Arkansas Game and
		  Fish Commission, or his designated representative, shall suspend or revoke the
		  hunting and fishing rights, privileges, and any related licenses for the
		  accumulation of violation points within a five-year period as follows:
Points
Suspension/Revocation
18-29
1 year suspension
30-36
2 years suspension
37-75
3 years suspension
76+
5 years suspension
99
Lifetime revocation (if violation points accumulate from
						violation of a Class 5 offense)
A suspension of hunting or fishing rights, privileges, or related
			 licenses occurring for a third time during an individual's lifetime shall
			 result in the lifetime revocation of all hunting and fishing rights,
			 privileges, and related licenses.
(D) Prior to implementing a suspension or
		  revocation of hunting and fishing rights, privileges, and any related licenses,
		  the Director, or his designated representative, shall send the person affected
		  written notice of the Commission's intent to suspend or revoke hunting and
		  fishing rights, privileges, and related licenses and allow an opportunity for a
		  hearing for the purpose of confirming the identity of the person affected and
		  the accuracy of that person's violation record and violation points assigned
		  under Code 01.00-L. The Commission shall provide such notice within three years
		  from the date of the most recent assignment of violation points.
(E) Except as stated otherwise herein, upon
		  suspension or revocation of any license, permit, tag or stamp, denial of any
		  application or rights and privileges attached thereto, the Director, or his
		  designated representative, shall notify the person affected in writing. Such
		  notification shall not be required if the person affected receives a notice of
		  intent to suspend or revoke hunting and fishing rights, privileges, and related
		  licenses and does not request an administrative hearing within the time allowed
		  under Code 01.00-R.
01.00-R
ADMINISTRATIVE HEARING
		  PROCEDURE
(A) Any person whose hunting
		  and fishing rights, privileges, or related licenses have been suspended or
		  revoked by the Commission; who has been denied a Commission-issued license,
		  permit, tag or stamp, or application or rights and privileges attached thereto;
		  or who has received notice of intent to suspend, revoke, or deny the same may
		  request an administrative review hearing only by notifying the Commission in
		  writing within twenty (20) calendar days after receipt of the notice of
		  suspension, revocation or denial or notice of intent thereof.
(B) Upon timely receipt of the hearing
		  request, the Commission shall appoint a hearing officer and notify the person
		  requesting the hearing of the date, time, location, and nature of the hearing.
		  Hearing requests received after the deadline for receipt shall be denied unless
		  the person requesting the hearing can show good cause in writing for the
		  untimeliness of the hearing request, in which case the Commission shall appoint
		  a hearing officer and notify the person requesting the hearing of the date,
		  time, location, and nature of a hearing for the limited purpose of determining
		  the person's eligibility for an administrative review hearing. If the hearing
		  officer determines that the hearing request was timely or was untimely but for
		  good cause, the requested hearing shall be held immediately
		  thereafter.
(C) The Commission
		  shall cause a record to be made of the proceedings.
(D) Hearings shall be conducted in an
		  informal manner and without necessity of adherence to the rules of evidence
		  required injudicial proceedings. Both the Commission and the person requesting
		  the hearing shall have the right to be represented by counsel, to submit
		  evidence in open hearing, compel the attendance of witnesses and to
		  cross-examine any witness at the hearing. Irrelevant, immaterial or unduly
		  repetitious evidence shall be excluded by the hearing officer. Notice may be
		  taken of generally recognized technical or scientific facts within the
		  Commission's specialized knowledge, and the Commission's experience, technical
		  competence and specialized knowledge may be utilized in the evaluation of the
		  evidence.
(E) Except as stated
		  otherwise herein, the hearing officer shall suspend hunting and fishing
		  licenses, rights, and privileges as set forth in Code Ol.OO-L(C).
(1) The hearing officer may reduce the
		  suspension term by one-half (1/2) if, after consideration of the person's
		  violation record and evidence admitted at the hearing, the hearing officer
		  makes all of the following findings of fact:
(a) The person's hunting or fishing rights,
		  privileges, or any related licenses have never been suspended or revoked by the
		  Commission or a court of competent jurisdiction; and
(b) The person has accumulated less than 30
		  violation points in the past five years.
Any reduction granted shall be contingent upon the person
			 successfully completing a hunter education course and a boating education
			 course, both of which are approved by the Commission, and submitting written
			 proof of the same to the Commission no later than one hundred-twenty (120)
			 calendar days after suspension. The suspension reduction shall not become
			 effective unless and until the Commission has received proof of completion of
			 the courses.
(2)
		  The hearing officer is not required to suspend or revoke a person's fishing
		  rights, privileges, and related licenses if, after consideration of the
		  person's violation record and evidence admitted at the hearing, the hearing
		  officer finds that none of the violation points forming the basis of the
		  suspension or revocation are related to fishing violations and the person's
		  hunting or fishing rights, privileges, or related licenses have never been
		  suspended or revoked by the Commission or a court of competent jurisdiction.
		  Likewise, the hearing officer is not required to suspend or revoke a person's
		  hunting rights, privileges, and related licenses if, after consideration of the
		  person's violation record and evidence admitted at the hearing, the hearing
		  officer finds that none of the violation points forming the basis of the
		  suspension or revocation are related to hunting violations and the person's
		  hunting or fishing rights, privileges, or related licenses have never been
		  suspended or revoked by the Commission or a court of competent
		  jurisdiction.
(F) In
		  matters not concerning the suspension or revocation of hunting and fishing
		  rights, privileges, and related licenses, the hearing officer shall affirm,
		  rescind, or modify the suspension or revocation of the license, permit, tag or
		  stamp, or the denial of the application based upon the evidence admitted in the
		  record of the proceedings.
(G)
		  Decisions of the hearing officer shall be final and shall include findings of
		  fact, conclusions of law, and a final decision. The parties shall be served
		  either personally or by mail with a copy of the final decision.
(H) Any aggrieved party may, within thirty
		  days after service of the final decision, file a petition for review in the
		  circuit court of Pulaski County or the county in which they reside if they
		  reside in Arkansas.