23-19-9 - Suspension of license or permit privileges -- Suspension of certificates of registration.
23-19-9. Suspension of license or permit privileges -- Suspension of certificates ofregistration.
(1) As used in this section, "license or permit privileges" means the privilege of applyingfor, purchasing, and exercising the benefits conferred by a license or permit issued by thedivision.
(2) A hearing officer, appointed by the division, may suspend a person's license or permitprivileges if:
(a) in a court of law, the person:
(i) is convicted of:
(A) violating this title or a rule of the Wildlife Board;
(B) killing or injuring domestic livestock while engaged in an activity regulated underthis title; or
(C) violating Section 76-10-508 while engaged in an activity regulated under this title;
(ii) enters into a plea in abeyance agreement, in which the person pleads guilty or nocontest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
(iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the personenters into a diversion agreement which suspends the prosecution of the offense; and
(b) the hearing officer determines the person committed the offense intentionally,knowingly, or recklessly, as defined in Section 76-2-103.
(3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing officershall consider in determining:
(i) the type of license or permit privileges to suspend; and
(ii) the duration of the suspension.
(b) The Wildlife Board shall ensure that the guidelines established under Subsection(3)(a) are consistent with Subsections (4), (5), and (6).
(4) Except as provided in Subsections (5) and (6), a hearing officer may suspend aperson's license or permit privileges according to Subsection (2) for a period of time not toexceed:
(a) seven years for:
(i) a felony conviction;
(ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is heldin abeyance pursuant to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a felony, the prosecution of which issuspended pursuant to a diversion agreement;
(b) five years for:
(i) a class A misdemeanor conviction;
(ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class A misdemeanor, the prosecutionof which is suspended pursuant to a diversion agreement;
(c) three years for:
(i) a class B misdemeanor conviction;
(ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor whenthe plea is held in abeyance according to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class B misdemeanor, the prosecution
of which is suspended pursuant to a diversion agreement; and
(d) one year for:
(i) a class C misdemeanor conviction;
(ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,when the plea is held in abeyance according to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class C misdemeanor, the prosecutionof which is suspended according to a diversion agreement.
(5) The hearing officer may double a suspension period established in Subsection (4) foroffenses:
(a) committed in violation of an existing suspension or revocation order issued by thecourts, division, or Wildlife Board; or
(b) involving the unlawful taking of a trophy animal, as defined in Section 23-13-2.
(6) (a) A hearing officer may suspend, according to Subsection (2), a person's license orpermit privileges for a particular license or permit only once for each single criminal episode, asdefined in Section 76-1-401.
(b) If a hearing officer addresses two or more single criminal episodes in a hearing, thesuspension periods of any license or permit privileges of the same type suspended, according toSubsection (2), may run consecutively.
(c) If a hearing officer suspends, according to Subsection (2), license or permit privilegesof the type that have been previously suspended by a court, a hearing officer, or the WildlifeBoard and the suspension period has not expired, the suspension periods may run consecutively.
(7) (a) A hearing officer, appointed by the division, may suspend a person's privilege ofapplying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
(i) the hearing officer determines the person intentionally, knowingly, or recklessly, asdefined in Section 76-2-103, violated:
(A) this title;
(B) a rule or order of the Wildlife Board;
(C) the terms of a certificate of registration; or
(D) the terms of a certificate of registration application or agreement; or
(ii) the person, in a court of law:
(A) is convicted of an offense that the hearing officer determines bears a reasonablerelationship to the person's ability to safely and responsibly perform the activities authorized bythe certificate of registration;
(B) pleads guilty or no contest to an offense that the hearing officer determines bears areasonable relationship to the person's ability to safely and responsibly perform the activitiesauthorized by the certificate of registration, and the plea is held in abeyance in accordance with aplea in abeyance agreement; or
(C) is charged with an offense that the hearing officer determines bears a reasonablerelationship to the person's ability to safely and responsibly perform the activities authorized bythe certificate of registration, and prosecution of the offense is suspended in accordance with adiversion agreement.
(b) All certificates of registration for the harvesting of brine shrimp eggs, as defined inSection 59-23-3, shall be suspended by a hearing officer, if the hearing officer determines theholder of the certificates of registration has violated Section 59-23-5.
(8) (a) The director shall appoint a qualified person as a hearing officer to perform the
adjudicative functions provided in this section.
(b) The director may not appoint a division employee who investigates or enforceswildlife violations.
(9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply for,purchase, or exercise the benefits conferred by a license, permit, or certificate of registration.
(b) The courts shall promptly notify the division of any suspension orders orrecommendations entered.
(c) The division, upon receiving notification of suspension from the courts, shall prohibitthe person from applying for, purchasing, or exercising the benefits conferred by a license,permit, or certification of registration for the duration and of the type specified in the court order.
(d) The hearing officer shall consider any recommendation made by a sentencing courtconcerning suspension before issuing a suspension order.
(10) (a) A person may not apply for, purchase, possess, or attempt to exercise thebenefits conferred by any permit, license, or certificate of registration specified in an order ofsuspension while that order is in effect.
(b) Any license possessed or obtained in violation of the order shall be consideredinvalid.
(c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.
(11) Before suspension under this section, a person must be:
(a) given written notice of any action the division intends to take; and
(b) provided with an opportunity for a hearing.
(12) (a) A person may file an appeal of a hearing officer's decision with the WildlifeBoard.
(b) The Wildlife Board shall review the hearing officer's findings and conclusions andany written documentation submitted at the hearing.
(c) The Wildlife Board may:
(i) take no action;
(ii) vacate or remand the decision; or
(iii) amend the period or type of suspension.
(13) The division shall suspend and reinstate all hunting, fishing, trapping, and falconryprivileges consistent with Title 23, Chapter 25, Wildlife Violator Compact.
(14) The Wildlife Board may make rules to implement this section in accordance withTitle 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 382, 2008 General Session