23-19-15 - License agents -- Authority -- Bond -- Compensation -- Violations.
23-19-15. License agents -- Authority -- Bond -- Compensation -- Violations.
(1) The director of the division may designate wildlife license agents to sell licenses,permits, and tags.
(2) Wildlife license agents may:
(a) sell licenses, permits, and tags to all eligible applicants, except those licenses,permits, and tags specified in Subsection 23-19-16(2) which may be sold only by the division;and
(b) collect a fee for each license, permit, or tag sold.
(3) A wildlife license agent shall receive:
(a) for any wildlife license, permit, or tag having a fee $10 or less and greater than $1, 50cents for each wildlife license, permit, or tag sold; and
(b) for any wildlife license, permit, or tag having a fee greater than $10, 5% of the fee.
(4) The division may require wildlife license agents to obtain a bond in a reasonableamount.
(5) (a) As directed by the division, each wildlife license agent shall:
(i) report all sales to the division; and
(ii) submit all of the fees obtained from the sale of licenses, permits, and tags less theremuneration provided in Subsection (3).
(b) If a wildlife license agent fails to pay the amount due, the division may assess apenalty of 20% of the amount due. All delinquent payments shall bear interest at the rate of 1%per month. If the amount due is not paid because of bad faith or fraud, the division shall assess apenalty of 100% of the total amount due together with interest.
(c) All fees, except the remuneration provided in Subsection (3), shall:
(i) be kept separate from the private funds of the wildlife license agents; and
(ii) belong to the state.
(6) A wildlife license agent may not intentionally:
(a) fail to date or misdate a license, permit, or tag; or
(b) issue a license to any person until that person furnishes proof of having passed adivision-approved hunter education course as provided in Section 23-19-11 or furnishes proof ofhaving passed a division-approved fur harvester education course as provided in Section23-19-11.5.
(7) (a) Except as provided in Subsections (7)(b) and (c), a violation of this section is aclass B misdemeanor.
(b) A violation of this section is a class A misdemeanor if the aggregate amount requiredunder Subsection (5)(a):
(i) is at least $1,000, but less than $10,000;
(ii) is not submitted for one or more months; and
(iii) remains uncollectable.
(c) A violation of this section is a felony of the third degree if the aggregate amountrequired under Subsection (5)(a):
(i) is $10,000 or more;
(ii) is not submitted for one or more months; and
(iii) remains uncollectable.
(8) Violation of any provision of this section may be cause for revocation of the wildlifelicense agent authorization.
Amended by Chapter 68, 2005 General Session