Wyoming Administrative Rules 075 — Outfitters and Professional Guides, Board of

352 Outfitters and Professional Guides, Board of

Chapter 1 General Provisions

Wyo. Code R. 075.0001.1.04212016 General Provisions

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. These rules and regulations are adopted pursuant to W.S. 23-2-401, W.S. 23-2-406 et. seq., W.S. 33-1-201, and the Wyoming Administrative Procedure Act, W.S. 16-3-101 et. seq.

Section 2. Definitions.

(a) The definitions in W.S. 23-2-406 apply to these rules.

(b) Additional definitions include:

(i) "Area" means a hunt area as described in current big or trophy game hunting regulations as determined by the Wyoming Game & Fish Department.

(ii) "Booking Agent" means any individual, firm, business, partnership, or corporation that makes arrangements for the use of the services of a licensed outfitter and receives compensation therefore. A booking agent does not supply personnel or facilities and services to outfitter clientele.

(iii) "Client" means a person who engages the professional services of a licensed outfitter.

(iv) "Compensation" and "Remuneration" mean payment of any kind, without regard to value or agreement, including tips, presents, exchange of property or services, or bartering for guide services.

(v) "Conviction" means a finding of guilt, forfeiture of bail bond or collateral deposited to secure a defendants appearance, or entry of a nolo contendere plea.

(vi) "State" means the State of Wyoming.

Section 3. Savings Clause. If any provision of these rules or their application to any person or circumstances are invalid or in conflict with any other provision of these rules, the invalidity shall not affect other provisions or application of these rules which can be given effect without the invalid provision or applications and to this end the provisions of these rules are severable.

History

• Effective 2016-04-21

Chapter 2 Licensing Provisions

Wyo. Code R. 075.0001.2.01212022 § 1 Outfitter Qualifications

(a) To qualify for a new outfitter license, in addition to meeting the requirements of Wyoming Statute § 23-2-411(a), an applicant shall:

(i) Be certified in first aid;

(ii) If born on or after January 1, 1966, possess a certificate of competence and safety in the use and handling of firearms (hunter safety card); and

(iii) Have knowledge of the hunt area(s) where they plan to operate.

(b) An applicant has experience as a licensed professional guide for not less than 1 year or similar experience accepted by the Board if the applicant has:

(i) At least 70 days of experience as a licensed professional guide or licensed outfitter; or

(ii) Other training, experience, or education applicable to outfitting and accepted by the Board.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 2 Outfitter License Application

(a) To obtain an outfitter license, an applicant shall complete the outfitter license application on forms provided by the Board. The applicant shall submit to the Board:

(i) A complete application;

(ii) The new outfitter application fee required by Chapter 5 of these Rules;

(iii) An Outfitter Operation Plan;

(iv) A copy of their current and valid first aid certification;

(v) If born on or after January 1, 1966, a copy of their hunter safety card;

(vi) A letter of intent from an insurance company indicating the insurance company will issue the applicant a liability insurance policy if the outfitter license is approved; and

(vii) Documented evidence that the applicant has at least 70 days of experience in the field guiding hunters as a licensed professional guide or licensed outfitter, or documented evidence of the applicant's other training, experience, or education applicable to outfitting. Documented evidence may include but is not limited to:

(A) Letters of reference from employing outfitters;

(B) Records of game pursued, including dates and locations; or

(C) Copies of outfitter annual reports.

(b) All applicants for a new outfitter license shall appear in person before the Board, unless the Board waives this requirement for extenuating circumstances.

(c) The Board may require an applicant to pass an equipment inspection by the Board before issuing a license.

(d) An application and new applicant fee are valid for 1 year from the date of the first successful outfitter examination.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 3 Outfitter Examination

(a) The Board shall administer a written, closed-book examination to applicants for an outfitter license to test the applicant's knowledge of the Act, Board rules, Game & Fish laws, Forest Service and BLM outfitting and land use policies, first aid, general hunting and outdoor skills, habits of game sought, hunting techniques, care of meat and trophies, and applicable firearm laws.

(i) The Board shall administer the examination as needed January through June for outfitter license applicants for the current year.

(ii) The Board shall administer the examination as needed July through December for outfitter license applicants for the following year.

(iii) The Board shall administer the examination in the Board office, unless the Board waives this requirement for extenuating circumstances.

(b) An applicant shall make an appointment to take the examination at least 14 days prior to the date of the examination.

(c) The Board shall provide the study material for the examination to the applicant upon the Board's receipt of the materials required by Section 2(a) of this Chapter.

(d) To pass the examination, an applicant must receive a score of at least 75%. An applicant who fails the examination may take the examination again after 30 days.

(e) A passing score on the examination is valid for 1 year from the date taken.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 4 Outfitter License

(a) The Board shall approve a license application when the applicant has met the licensing requirements of Sections 1 and 2 of this Chapter.

(b) Upon the Board's approval of an application, the applicant shall submit the outfitter license fee required by Chapter 5 of these Rules and proof of liability insurance within 60 days.

(c) The Board shall issue a license when the applicant has met the requirements of the Act and paid the license fee, submitted proof of liability insurance, passed the outfitter examination, passed an equipment inspection by the Board (if one is required), and attended the outfitter training course provided by the Board.

(d) The Board shall issue all licenses in the name of the outfitter.

(e) Outfitters shall maintain a liability insurance policy that meets the requirements of W.S. § 23-2-413(d) for the entire licensing period. Failure to maintain a liability insurance policy immediately voids the outfitter license.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 5 Outfitter Hunt Areas

(a) Applicants for new outfitter licenses shall indicate the hunt area(s) where they intend to operate and shall provide all information about the hunt area(s) required on the Outfitter Operation Plan form.

(b) Licensed outfitters may apply for additional hunt area authorizations by submitting a Supplemental Hunt Area Request form and an amended Outfitter Operation Plan to the Board. In lieu of the Supplemental Hunt Area Request form, the licensee may submit a letter of intent from the controlling public land agency, private landowner, owner's agent, or lessor that indicates the species and hunt areas where the licensee may operate.

(c) For any hunt areas shown on the Outfitter Operation Plan, the applicant or licensee shall secure written endorsement from the public land agency, private landowner, owner's agent, or lessor on a form provided by the Board. For any private lands shown on the Outfitter Operation Plan, the applicant or licensee shall also submit a Surface Management Status Map. All written records submitted by an applicant involving landowner permission or leases shall remain confidential to the extent allowed by the Wyoming Public Records Act, W.S. § 16-4-201 through 16-4-205.

(d) Outfitters shall not operate outside hunt areas approved by the Board in the Outfitter Operation Plan, Supplemental Hunt Area Request form, or letter of intent.

(e) The Board retains final authority regarding license issuance and hunt area authorization. The Board may restrict the species and the hunt area where a licensee may outfit hunting clients based upon sound game and land use management principles or based upon recommendations by the Wyoming Game and Fish Commission.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 6 Outfitters Required to Sign and Provide License Number on Hunter's License

(a) All outfitters shall sign their client's hunting license, including their outfitter license number, before the client begins hunting.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 7 Outfitter Annual Report

(a) Each licensed outfitter shall submit a signed Outfitter's Annual Report for the calendar year the license was valid.

(i) The outfitter may use the form provided by the Board or a similar form that includes the same information.

(ii) Information in the report shall be legible, accurate, and complete.

(b) Each report shall be received by the Board no later than January 31 of the year following the year for which the report is filed. The report may be submitted by email, fax, or mail. Any report post-marked or received after January 31 is untimely.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 8 Outfitter License Renewals

(a) Applications to renew outfitter licenses are due on December 1. Any application post-marked or received after December 31 shall be treated as a new outfitter license application and the new license application fee shall apply.

(b) If the Outfitter's Annual Report required by Section 7 of this Chapter is not timely filed, any renewal application shall be treated as a new outfitter license application and the new license application fee shall apply.

(c) An outfitter license may be renewed and the same license number retained for the next license year if the applicant is not applying for additional hunt area(s) or services.

(d) To renew an outfitter license, an outfitter shall submit to the Board:

(i) A completed outfitter license renewal form;

(ii) Current proof of insurance; and

(iii) The outfitter license fee required by Chapter 5 of these Rules.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 9 Professional Guide Qualifications

(a) To qualify for a professional guide license, in addition to meeting the requirements of W.S. § 23-2-412(a), an applicant shall:

(i) Be certified in first aid; and

(ii) If born on or after January 1, 1966, possess a certificate of competence and safety in the use and handling of firearms (hunter safety card).

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 10 Professional Guide License Application

(a) To obtain a professional guide license, an applicant shall complete the professional guide license application on forms provided by the Board. The applicant shall submit to the Board:

(i) A complete application;

(ii) The new professional guide application fee required by Chapter 5 of these Rules;

(iii) The professional guide license fee required by Chapter 5 of these Rules;

(iv) A copy of their current and valid first aid certification;

(v) If born on or after January 1, 1966, a copy of their hunter safety card; and

(vi) The professional guide examination.

(b) If an applicant applies for a professional guide license during the hunting season and good cause is shown, the Board may waive the requirements of Section 9(a)(i) and 9(a)(ii). No guide shall receive more than one 1 waiver.

(c) Professional guides covered under liability insurance of a licensed outfitter are not required to furnish a separate certificate of insurance.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 11 Professional Guide Examination

(a) The Board shall administer an open-book, written examination to applicants for a professional guide license to test the applicant's knowledge of the Act, Board rules, Game & Fish laws, Forest Service and BLM land use policies, first aid, other general hunting and outdoor skills, habits of game sought, hunting techniques, care of meat and trophies, and applicable firearm laws.

(b) To pass the examination, an applicant must receive a score of at least 75%. An applicant who fails the examination may take the examination again after 30 days.

(c) An applicant who fails the examination twice in a calendar year shall not be eligible to retake the examination until the applicant submits a new professional guide application, new professional guide application fee, and license fee.

(d) A passing score on the examination is valid for 1 year from the date taken.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 12 Professional Guide License Renewals

(a) Renewal applications for professional guide licenses are due prior to December 31.

(b) Professional guides licensed in either of the prior 2 calendar years may submit a renewal application and are exempt from taking the professional guide examination and paying the application fee required for first-time applicants.

(c) To renew a professional guide license, a professional guide shall submit the following:

(i) A completed professional guide renewal form; and

(ii) The professional guide license fee.

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.2.01212022 § 13 Proof of Licensure Required

(a) Licensees shall carry their outfitter or professional guide license (or a facsimile or mobile device photo copy) at all times when providing outfitting or professional guide services.

(b) To be valid, a professional guide license must be signed by the employing or contracting outfitter, including the outfitter's license number and the date(s) that the licensee is employed by or operating under an independent contract with the licensed outfitter.

History

• Effective 2022-01-21

Chapter 3 Regulatory Provisions

Wyo. Code R. 075.0001.3.02122007 Regulatory Provisions

CHAPTER 3

REGULATORY PROVISIONS

Section 1. Rules of Professional Conduct. The following includes, but is not limited to, rules of professional conduct, a violation of which may be considered unethical or dishonorable conduct;

(a) A licensee shall not submit any substantially false statements or fail to disclose any substantial facts requested in connection with an application for licensure.

(b) A licensee shall not engage in fraud in advertising or soliciting professional services to the public. Effective January 31st, 1999 licensees shall include their license number on all correspondence, including advertising brochures, contracts, etc.

(c) A licensee shall not allow an unlicensed individual to perform outfitting or professional guide services. A licensee shall report illegal outfitting and professional guide services to the Board.

(d) A licensee shall not engage in any activity which results in conviction of a felony.

(e) A licensee shall not violate any significant federal or state law or related regulations pertaining to wildlife, game and fish.

(f) A licensee shall cooperate fully with private landowners and public land management agencies and shall respect their rights and privileges.

(g) A licensee shall advise clients of applicable conservation and game laws and shall not condone or willfully allow their violation.

(h) A licensee shall promptly report any violation of federal or state law or regulation governing wildlife, game or fish observed or known to him, to a commissioned game and fish law enforcement officer.

(i) A licensee shall not engage in any activity for which the licensee is not licensed.

(j) A licensee shall not operate in any area when area authorization has not been granted by the Board to that licensee.

(k) A licensee shall not substantially breach a contract with any person using outfitting or professional guide services of the licensee.

(l) A licensee shall not violate the terms and conditions under which the license is issued.

(m) A licensee shall provide any animal used in the conduct of business with proper food, drink and shelter and shall not subject any animal to needless abuse or cruel and inhumane treatment.

(n) A licensee shall maintain neat, orderly and sanitary camps at all times and shall provide clean, fresh drinking water, protect all food from contamination and dispose of all garbage, debris and human waste. Livestock facilities shall be separate from camp facilities. Streams shall be protected from contamination.

(o) A licensee shall not willfully endanger the health and safety of the public.

(p) A licensee shall provide a licensed professional guide for every two (2) hunters in wilderness areas and for up to six (6) hunters in all other areas of the State.

(q) A licensee shall provide clients with a brochure or other written statement which clearly states his refund policy.

(r) A licensee shall provide the Board, on their new or renewal application, a statement which clearly states the refund policy. The policy shall not be changed during the year unless it is approved by the Board prior to the time the change will be effective.

(s) A licensee shall allow the Board or it's agents access at all times to inspect hunting camps, whether or not the licensee is present.

(t) A licensee shall not violate any provision of the Act.

Section 2. Code of Ethics

(a) All outfitters and guides shall:

(1)  Operate with respect for the rights of others, on private and public property, endeavor to promote and practice responsible wild land ethics, exercise good stewardship of our natural resources, and provide services on public lands in a manner such that they do not interfere with general public access to public land or access to wildlife on public land;

(2)  Provide for the health, safety, and well being of their clients and employees;

(3)  Leave clean camps, striving to maintain the environment in as good or better condition than before and dispose of all garbage, debris, and human waste in a proper, approved manner;

(4)  Fully cooperate with officials and adhere to the laws, rules and regulations, of the Wyoming State Board of Outfitters and Professional Guides, Wyoming Game and Fish Department, United States Forest Service, National Park Service, Bureau of Land Management, State Land Office, United States Fish & Wildlife Service, and all other government agencies.

(5)  Advise clients of applicable conservation standards, fish and game laws, license requirements, statutes and regulations and not condone their violation;

(6)  Not excessively use alcohol, prescription or over-the-counter drugs, to the extent that the use impairs the user physically or mentally while engaged by clients;

(7)  Not use illegal drugs;

(8)  Not engage in fraud, deceit, misrepresentation, or concealment of any material fact in advertising, soliciting, or providing professional services to members of the public;

(9)  Provide any animal used in the conduct of business with proper food, water, and shelter and not subject any animal to abuse or cruel and inhumane treatment as provided by Wyoming Law;

(10)  Promptly refund deposits paid by clients upon request if such deposits are due to the client in accordance with the outfitter's written deposit refund policy or any other written agreements;

(11)  Not conduct any services on private or public land, except legal transportation across such lands, without first having obtained written permission from the landowner or written authorization from the agency administering the public land, unless the agency does not require and does not provide such permission;

(12)  Treat clients, employees, and the general public in a fair and professional manner and not harass or abuse clients, employees, outfitters, professional guides, or members of the general public, verbally, physically, or in any other manner;

(13)  The outfitter endorsing the professional guide license shall obtain and maintain a reasonable degree of supervision over the professional guide to insure that the services offered are being provided and being provided in accordance with the law and rules, with particular regard to those laws and rules pertaining to the health, safety, and welfare of the participants, the public, and landowners;

(14)  Unless done in the name of and on behalf of the endorsing outfitter, a professional guide shall not advertise services, make agreements with clients concerning monetary consideration or services offered, or collect fees from clients;

(15)  An outfitter is responsible for the acts of all employees, contracted personnel and authorized booking agents when those individuals are acting within the scope of their employment, contract, agreement, or at the outfitter's direction or supervision;

(16)  Outfitters will employ an adequate number of well-trained, courteous personnel to care for their guests. Also, if appropriate, will provide adequate and properly prepared food for their guests and personnel at all times. Outfitters will be required to maintain safe, adequate and serviceable equipment; and

(17)  Insure that no outfitter or employee of an outfitter, shoots, kills, or takes any big game animal while providing guiding services for clients; unless an exception is granted with the mutual consent of the client and the outfitter/guide.

Section 3. Denial, Suspension and Revocation. Failure to comply with any provision of these Rules shall be grounds for denial of an outfitter or professional guide license or any other discipline to include, but not limited to, suspension for a period not to exceed three (3) years or revocation of any outfitter or professional guide license issued by the Board. Suspension and revocation proceedings shall be conducted in accordance with the Wyoming Administrative Procedure Act W.S. 16-3-101 et seq. and these rules of the Board.

3-4

History

• Effective 2007-02-12

Chapter 4 Practice and Procedure

Wyo. Code R. 075.0001.4.02222017 Practice and Procedure

Rules and Regulations

CHAPTER 4

PRACTICE AND PROCEDURE

Section 1. Overview. It is the intent of the Board through these Rules to recognize the difference between an allegation made against a licensee and the need for a formal proceeding. The Board requests the cooperation of all licensees in responding to letters of inquiry dealing with allegations as opposed to responses to formal proceedings. Responses to letters of inquiry are voluntary whereas responses to formal proceedings are mandatory to retain the rights of licensees.

Section 2. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to:

(a) Conduct investigations, hearings, and proceedings concerning:

(i) Actions relating to an application for a license, including granting or denying; or

(ii) Alleged violations of the Act or the Board Rules.

(b) Determine and administer appropriate disciplinary action against an applicant or licensee.

Section 3. Definitions.

(a) "Act" means W.S. 23-2-406 to 23-2-418

(b) "ARC" means application review committee.

(c) "Board Rules" means the rules and regulations promulgated by the Wyoming Board of Outfitters and Professional Guides.

(d) "DC" means disciplinary committee.

(e) For purposes of this chapter, "license" means a license or other authorization issued by the Board.

Section 4. Grounds for Discipline and Denial of License.

(a) Disciplinary Action. The Board may take disciplinary action or refuse to issue or renew a license for one (1) or more of the following acts or conduct:

(i) A violation of the Act, including any cause listed in W.S. 23-4-416(a);

(ii) A violation of the Board's Rules, including the Regulatory Provisions listed in Chapter 3; or

(iii) Failing to meet the minimum qualifications outlined in the Act or Board's Rules.

Section 5. Application Review and Investigation Process.

(a) Application Review and Investigation. In application and licensure matters:

(i) Every application for a license issued by the Board is subject to investigation to determine whether the requirements set forth in the Act and Board Rules are satisfied; and

(ii) Every application that reveals information which merits further investigation shall be assigned to the ARC.

(A) Upon completing the investigation, the Board's investigator shall make a written report to the ARC setting forth the facts discovered. The investigator may make a recommendation to the ARC as to the disposition of the application. The ARC is not bound by the investigator's recommendation.

(B) Investigation files of any application review which is pending are confidential and not public record.

(b) Application Review Committee Action. Following investigation, the ARC may:

(i) Recommend a license be issued;

(ii) Recommend approval of a settlement agreement, which may include the issuance of a license with the imposition of a reprimand, conditions, restrictions, other discipline or a combination there of; or

(iii) Preliminarily deny the application.

(c) Notice of Preliminary Denial.

(i) The ARC shall notify the applicant that it preliminarily denied the application:

(ii) The Notice shall contain:

(A) A brief description of the facts or conduct which warrant the preliminary denial of the application;

(B) A statement of the nature of the actions which warrant the preliminary denial of the application and a citation to the applicable statutory provisions in the Act or the Board Rules; and

(C) Notice of the right to a contested case hearing if a written request is received by the Board office within thirty (30) days of the date of mailing the Notice of Preliminary Denial.

(d) Applicant's Request for Hearing.

(i) The applicant may request a hearing if the ARC preliminarily denies the application.

(ii) The applicant shall submit a written request for a contested case hearing to the Board office within thirty (30) days of the date of the Notice of Preliminary Denial.

(iii) Failure of the applicant to request a contested case hearing within thirty (30) days of the date of the Notice of Preliminary Denial shall result in a final denial of the application.

Section 6. Complaint Review and Investigation Process.

(a) Complaint Review and Investigation.

(i) All complaints against an outfitter or professional guide shall be filed with the Board in writing and shall provide at least the following information:

(A) Name and address of licensee;

(B) Name, address and telephone number of complainant;

(C) Nature of alleged violations;

(D) A short and concise statement of facts relating to the alleged violations; and

(E) Signature of complainant.

(ii) Complaints shall be investigated by the DC or the Board staff.

(A) The DC and the Board's investigator are empowered to conduct a full and complete investigation of a scope necessary to determine whether or not the allegations in the complaint, or any other information discovered during the investigation, are sufficient enough to warrant a formal proceeding.

(B) The DC and Board's investigator may review documents and interview the complainant and other witnesses. The committee shall interview the licensee only if the licensee voluntarily agrees.

(C) Upon completing the investigation, the Board's investigator shall make a written report to the DC setting forth the facts discovered. The investigator may make a recommendation to the DC as to whether there is sufficient evidence to warrant a formal proceeding. The DC is not bound by the investigator's recommendation.

(D) Investigation files of any complaint which is pending are confidential and not public record.

(b) Voluntary Surrender. A licensee may petition the Board in writing to voluntarily surrender their license. The Board shall hold an expedited hearing at its earliest convenience. The Board may accept or reject the petition for voluntary surrender and may consider whether the licensee is under investigation.

(c) Disciplinary Committee Action. Following investigation, the DC may:

(i) Recommend dismissal of the complaint;

(ii) Recommend dismissal with issuance of a notice of warning or advisory letter;

(iii) Recommend approval of a settlement agreement, which may include a reprimand, conditions, restrictions, non-renewal, suspension, voluntary surrender, other discipline or a combination thereof; or

(iv) Recommend disciplinary action which may include a reprimand, conditions, restrictions, non-renewal, suspension, revocation, other discipline or a combination thereof.

Section 7. Summary Suspension.

(a) Recommendation. If the DC recommends summary suspension, the Board shall conduct an expedited hearing to determine whether the licensee's continued practice presents a clear and imminent danger to public health, safety or welfare.

(b) Notice of Intent to Recommend Summary Suspension.

(i) The DC shall notify the licensee of its intent to recommend summary suspension.

(ii) The Notice of Intent shall contain:

(A) Copy of the complaint;

(B) Notice that a summary suspension hearing shall be set for expedited hearing at the earliest opportunity a quorum of Board members may be assembled; and

(C) Statement that failure to answer to the complaint or appear at the hearing may result in default.

(c) Notice of Expedited Hearing. Upon confirmation of the date and time of the expedited hearing, the DC shall notify the licensee of the date and time of the hearing.

(d) Default. The Board may enter an order of default in any summary suspension where the licensee or the licensee's representative has not provided an answer to the complaint and not appeared at the expedited hearing.

Section 8. Formal Proceedings for Disciplinary Action.

(a) Notice of Intent to Recommend Disciplinary Action.

(i) The DC shall notify the licensee of its intent to recommend disciplinary action.

(ii) The Notice of Intent shall:

(A) Include a brief description of the facts or conduct which warrant the intended action; and

(B) Provide the licensee an opportunity to show compliance or respond to allegations for disciplinary action within fifteen (15) days of the date of the mailing.

Section 9. Informal Procedures.

(a) A licensee may attend an informal conference with the DC. The licensee may appear either with or without counsel. Notice of the conference shall be mailed at least fifteen (15) days prior to the date of the conference. The purpose of the conference will be to obtain additional information and discuss informal settlement of the matter.

(b) At any time before or after formal disciplinary proceedings have been instituted against a licensee, the committee and the licensee may jointly submit to the Board a proposed consent agreement whereby, in lieu of a formal hearing by the Board, the licensee agrees to accept certain disciplinary actions. If the Board determines that the proposed consent agreement will adequately protect the public welfare, the Board may accept the offer and enter a decision that is consented to by the licensee and incorporates the proposed consent agreement.

Section 10. Petition. The DC shall initiate formal proceedings for disciplinary action by serving a Petition and Notice of Hearing to the licensee by certified mail, by regular mail, by electronic mail to the e-mail address indicated to be the preferred method of communication or by personal service at least thirty (30) days prior to the date set for hearing.

Section 11. Contested Case Proceedings.

The uniform rules for contested case practice and procedure adopted by the Office of Administrative Hearings shall govern all contested case proceedings.

Section 12. Incorporation by Reference.

(a) For any code, standard, rule or regulation incorporated by reference included in these rules:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome and inefficient given the length and nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this section; and

(iii) The incorporated code, standard, rule or regulation is maintained at the Board's office and is available for public inspection and copying at cost at the same location.

(b) Each rule incorporated by reference is further identified as follows:

(i) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at http://soswy.state.wy.us/Rules/RULES/9644.pdf.

Section 13. Appeals.

Costs of transcripts and any reasonable costs assessed by the Board regarding the record on appeal shall be borne by the party making the appeal.

History

• Effective 2017-02-22

Chapter 5 License Fees

Wyo. Code R. 075.0001.5.01212022 § 1 Fees Generally

(a) License fees are:

(i) Annual outfitter license fee: $600

(ii) Annual professional guide license fee: $145

(iii) Temporary (14-day) professional guide license fee: $70

(b) New applicant fees (in addition to the license fee) are:

(i) New outfitter application fee: $1600

(ii) New professional guide application fee: $25

(c) Administrative fees are:

(i) Faxed or e-mailed copy of license fee: $20

History

• Effective 2022-01-21

Wyo. Code R. 075.0001.5.01212022 § 2 Fees Non-refundable

(a) All license fees (except the new outfitter application fee) are non-refundable.

(b) If the Board denies an application for an outfitter license, the Board shall refund $1300 of the new outfitter application fee. The remaining $300 of the new outfitter application fee is non-refundable.

History

• Effective 2022-01-21

Chapter 6 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 075.0001.6.08072017 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

CHAPTER 6

UNIFORM PROCEDURES, FEES, COSTS, AND CHARGES FOR INSPECTING,

COPYING, AND PRODUCING PUBLIC RECORDS

Section 1. Authority. The Wyoming State Board of Outfitters and Professional Guides is required under W.S. 16-3-103(j)(ii) to adopt the Department of Administration and Information's uniform rules pertaining to procedures, fees, costs, and charges for inspecting, copying, and producing public records.

Section 2. Adoption of Uniform Rules. The Wyoming State Board of Outfitters and Professional Guides hereby incorporates by reference the following uniform rules:

(a) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https://rules.wyo.gov.

(b) For these rules incorporated by reference:

(i) The Wyoming State Board of Outfitters and Professional Guides has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Wyoming State Board of Outfitters and Professional Guides office and are available for public inspection and copying at the same location.

6-1

History

• Effective 2017-08-07