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Part 183: License - Issuing Officers

Contents:

Sec.

§183.1 Definitions

For the purposes of this Part, the following words and phrases will have the indicated meanings:

(a) Commissioner means the Commissioner of Environmental Conservation.

(b) Department means the Department of Environmental Conservation.

(c) Licenses mean all resident and nonresident hunting, fishing, trapping, big game, bowhunting and muzzleloading licenses and stamps and other special licenses or permits, issued pursuant to Environmental Conservation Law, section 11-0713.

(d) Proprietor means the owner, a partner or general manager of a place of business or manager of a department within a place of business.

§183.2 Qualifications for Appointment as a License Issuing Officer

A person may be eligible for appointment as a license issuing officer if the following requirements have been met:

(a) Applicant is over the age of 18 years, meets the residency requirements, if any, contained in Environmental Conservation Law, section 11- 0713(1)(a)(4), is of good character and reputation in the community and furnishes three business references attesting thereto.

(b) Applicant has not been convicted of or pleaded guilty to a misdemeanor under the Environmental Conservation Law within the past three years, and has not been convicted of a crime under any other law.

(c) There are no outstanding liens against or judgments in the name of the proprietor.

(d) The proprietor conducts a business catering to the needs of hunters, trappers or fishermen for at least three months each year.

(e) The annual license sales at the place of business are at least 100 in the third and subsequent years of appointment.

§183.3 Qualifications for Appointment as an Assistant License Issuing Officer

(a) A license issuing officer may nominate for appointment as assistant license issuing officers employees in his place of business.

(b) To be eligible for appointment as an assistant license issuing officer, such employee will have to meet the eligibility requirements set forth in section 183.2(b) of this Part.

(c) The license issuing officer will be responsible for the proper performance of such assistant license issuing officers in regard to the issuance of licenses.

§183.4 Appointment as License Issuing Officer or Assistant License Issuing Officer

(a) Application for appointment as a license issuing officer or assistant license issuing officer will be submitted to the regional director of the departmental region in which the place of business is located.

(b) Appointment as a license issuing officer or assistant license issuing officer will be made by the commissioner or his designee, after a determination has been made that the eligibility requirements for appointment have been met.

(c) An appointment as a license issuing officer will be valid until terminated by the commissioner or his designee for cause as specified in section 183.6 of this Part or by resignation, death or bankruptcy of the license issuing officer.

(d) An appointment as an assistant license issuing officer will continue until:

(1) terminated by the commissioner or his designee as specified in section 183.6;

(2) he/she is no longer employed at the place of business of the sponsoring license issuing officer;

(3) termination of the appointment of the sponsoring license issuing officer; or

(4) resignation or death.

§183.5 Performance of Duty of License Issuing Officers and Assistant License Issuing Officers

(a) No license issuing officer will remove from his place of business unsold licenses consigned thereto without the prior written approval of the department.

(b) No license issuing officer will fail to provide license issuing services in a timely, efficient and businesslike manner.

(c) No license issuing officer will refuse to sell a license to a person who is qualified to obtain such.

(d) No license issuing officer may bring direct or indirect pressure on a license applicant to make a purchase in the place of business in order to obtain a license.

(e) No license issuing officer will fail to comply with applicable provisions of title 7 of article 11 of the ECL or with the department's instructions concerning methods of license issuance, bonding, reporting or remittance of fees.

(f) No license issuing officer will refuse to distribute to eligible persons who so request in person a license application, hunting, fishing or trapping guide, or any other material supplied by the department relating to hunting, fishing and trapping licenses and permits.

(g) No license issuing officer will fail to display in a prominent place in the place of business a sign provided by the department which advises the public that such place of business is authorized to issue licenses.

(h) No license issuing officer will fail to report promptly to the local police and the department the theft from his place of business of unsold licenses or monies from sold licenses.

(i) No license issuing officer will fail to submit in a timely manner all required records, reports and remittances to the department and to draft and sign them properly.

(j) No license issuing officer will fail to notify the department at least 90 days in advance of moving his place of business to a new location.

(k) No license issuing officer will fail to allow authorized department employees to inspect his license-issuing operations and records at any reasonable time.

§183.6 Termination of Appointment

(a) The commissioner or his designee may terminate the appointment of a license issuing officer or the appointment of an assistant license issuing officer at any time, for any of the following reasons, and may in his discretion afford an opportunity for a hearing with respect thereto:

(1) the annual license sales at a place of business are less than 100, as specified in section 183.2(e) of this Part;

(2) ownership of the place of business has changed;

(3) the license issuing officer or assistant license issuing officer for whom he is responsible has violated any of the requirements relative to the performance of duty as provided by section 183.5 of this Part, as appropriate;

(4) the officer has ceased to meet the eligibility requirements for appointment as set forth in section 183.2 or 183.3 of this Part, as appropriate.

(b) In cases where a termination procedure is instituted because of alleged fiscal or bookkeeping improprieties, the department shall hold such hearing within 10 days of its removing unsold licenses from the place of business and the completion of a fiscal audit. Notice of such hearing shall be given by the department at the time it removes such licenses.

(c) In cases where a termination procedure is instituted for reasons other than fiscal or bookkeeping improprieties, the department shall hold such hearing upon not less than 20 days advance written notice to such officer.