040-69 Wyo. Code R. §§ 69-18 - Process for Appealing a Department Decision
(a) The applicant may appeal a permit denial
or other Department decision made under the authority of this regulation by
submitting a written request to the Department Permitting Officer at Department
headquarters for reconsideration within thirty (30) consecutive days from the
date of receipt of written notification of the decision being contested. If an
applicant fails to request an appeal within thirty (30) consecutive days, the
applicant shall waive their ability to make any future appeal request regarding
the Department's decision.
(b) Upon
receipt of a written request for reconsideration, the Permitting Officer shall
notify the Chief of the Wildlife Division or Chief of the Fish Division as
appropriate. The Chief shall establish a Department Decision Review Board
(Board) consisting of five (5) Department employees, no more than two (2) of
whom were directly involved in the initial decision.
(i) The Board shall review the Department's
decision and may consider any additional information provided by the
applicant.
(ii) The Board shall
either uphold the Department's decision or approve the appeal request, in full
or in part. The Board's decision shall be sent to the applicant as a certified,
registered letter with return receipt within fifteen (15) consecutive days of
the Board receiving the written request for appeal.
(c) The applicant may appeal the decision of
the Board by submitting a written request to the Director of the Department at
Department headquarters for reconsideration. This request shall be received at
Department headquarters no later than thirty (30) consecutive days after the
applicant receives the Board's decision letter. If an applicant fails to
request an appeal within thirty (30) consecutive days from the date they
received the Board's decision letter, the applicant shall waive their ability
to make any future request for reconsideration of the Department's decision.
(i) The Director, or designee, shall conduct
a review of the Department's and the Board's decision and may consider any
additional information provided by the applicant.
(ii) The Director shall either uphold the
Department's decision or approve the appeal request in full or in part. The
Director's decision shall be sent to the applicant as a certified, registered
letter with return receipt within fifteen (15) consecutive days of the
applicant's written request for reconsideration.
(d) An applicant may appeal the decision of
the Director by submitting a written request to the President of the Commission
at Department headquarters no later than thirty (30) consecutive days after the
applicant receives the Director's decision letter. If the applicant fails to
submit a request for reconsideration within thirty (30) consecutive days from
the date they received the Director's decision letter, the applicant shall
waive their ability to make any future request for reconsideration of the
Department's decision.
(i) The Commission
shall hold a contested case hearing under Commission Regulation Chapter 27,
Rules of Practice Governing Contested Cases Before the Wyoming Game and Fish
Commission to review the director's decision.
(ii) The Commission shall either uphold the
Director's decision or approve the appeal and issue a new decision. The
commission shall provide its final decision on the matter to the applicant at
their next regularly scheduled Commission meeting.
(e) The applicant may appeal a decision of
the Commission by filing with the appropriate Wyoming District Court.
Notes
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