Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-75 - Wildlife Violator Compact

Current through Register Vol. 40, No. 24, July 15, 2024
4VAC15-20-75. Wildlife Violator Compact.
A. This section is adopted pursuant to
				authority granted to the Board of Wildlife Resources under §§
									29.1-103
				and
				29.1-530.5
				of the Code of Virginia.
B.
				Definitions used in this section, unless the contrary is clearly indicated are
				those used in §
									29.1-530.5
				of the Code of Virginia, the Wildlife Violator Compact, herein referred to as
				the compact (compact).
C. In
				accordance with Article VII of the compact, the board hereby authorizes the
				Director of the Department of Wildlife Resources to appoint the Commonwealth's
				representative to the Board of Compact Administrators. Such appointment shall
				be consistent with and subject to the provisions of the compact and such
				representative shall serve at the pleasure of the director.
D. In accordance with Article IV of the
				compact, upon receipt from a participating state of a report of the conviction
				in that state of a resident of the Commonwealth, the department shall enter
				such conviction in its records and such conviction shall be treated as though
				it had occurred in the Commonwealth and therefore as a violation of the board's
				applicable regulations for purposes of suspension of license privileges.
E. In accordance with Article IV
				of the compact, upon receipt from a participating state of a report of the
				failure of a resident of the Commonwealth to comply with the terms of a
				citation issued by that state, the department shall notify such person of that
				report in accordance with the procedures set forth in subsections G through J
				of this section and shall initiate a proceeding to suspend any applicable
				licenses issued to such person by the board until the department has received
				satisfactory evidence of compliance with the terms of such citation.
F. In accordance with Article V of the
				compact, upon receipt from a participating state of a report of the suspension
				of license privileges of a resident of the Commonwealth issued by that state
				that is in accordance with suspension of license pursuant to the Code of
				Virginia, the department shall notify such person of that report in accordance
				with the procedures set forth in subsections G through J of this section and
				shall initiate a proceeding to suspend any applicable licenses issued to such
				person by the board until the department has received satisfactory evidence
				that such suspension has been terminated.
G. Upon receipt of a report pursuant to
				subsection D, E, or F of this section, the director or the director's designee
				shall provide notice thereof to the resident of the Commonwealth who is the
				subject of such report. Such notice shall advise such person of the contents of
				the notice and of any action that the department proposes to take in response
				thereto.
H. The person who is the
				subject of such notice shall be provided an opportunity to request within 30
				days from the date of such notice an opportunity to contest the department's
				proposed action by requesting an informal fact-finding conference to be
				conducted by a representative of the department designated by the director.
				Although such proceedings are exempt from the requirements of the
				Administrative Process Act (§
									2.2-4000 et
				seq. of the Code of Virginia) as provided by §
									2.2-4002A
				3 of the Code of Virginia, the department shall to the extent practicable
				afford such persons seeking an informal fact-finding conference the rights
				provided under §
									2.2-4019
				of the Code of Virginia. Those include the right to receive reasonable notice
				as described in subsection G of this section and the right to appear in person
				or by counsel before the designated representative of the department. However,
				no discovery shall be conducted and no subpoenas shall be issued as part of any
				such proceeding.
I. An informal
				fact-finding proceeding shall be completed within 60 days of receipt by the
				department of the request described in subsection H of this section. Upon such
				completion the designated representative of the department shall make a
				recommended decision to the director or to such person designated by the
				director to make such decision. The decision maker shall promptly issue a
				written decision to the person who requested the proceeding. If the affected
				party is not satisfied by this decision it may be appealed to a three member
				panel as appointed by the agency director.
J. Any decision upholding the suspension of
				licensing privileges as a result of the process described in subsections D
				through I of this section shall be entered by the department on its records and
				shall be treated as though it had occurred in the Commonwealth and therefore as
				a violation of the board's applicable regulations.
K. The director shall establish procedures
				for reporting to participating states convictions or failures to comply with
				citations in the Commonwealth by residents of those respective states. Such
				procedures shall comply with the reporting requirements established by and
				pursuant to the provisions of the compact.
Statutory Authority: 45.1-161.3, 45.1-161.294, and
					 45.1-161.305 of the Code of Virginia.