DAR File No. 39350

Commerce, Occupational and Professional Licensing

Rule R156-79

Hunting Guides and Outfitters Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 39350
Filed: 05/07/2015 08:13:28 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Hunting Guides and Outfitters Licensing Board reviewed the rule and determined the following changes need to be made. Proposed amendments delete the requirement for a high school education for hunting guide and/or outfitter applicants for licensure. Equivalent training requirements are updated for applicants for licensure.

Summary of the rule or change:

Section R156-79-302b is deleted in its entirety. The high school education requirement is being removed from the rule and the first aid and CPR (cardiopulmonary resuscitation) requirements are being moved to Section R156-79-302e. In Section R156-79-302e, the equivalent training requirements of this section will now include first aid and CPR requirements for licensure that were previously referenced in Section R156-79-302b.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Section 58-79-101
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments apply only to licensed hunting guides and outfitters and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply only to licensed hunting guides and outfitters and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business. An unquantifiable amount may be saved by potential employees receiving licensure more quickly due to not having to provide a high school diploma.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments apply only to licensed hunting guides and outfitters and applicants for licensure in those classifications. The Division does not anticipate any costs or savings for other persons.

Compliance costs for affected persons:

The proposed amendments apply only to licensed hunting guides and outfitters and applicants for licensure in those classifications. An unquantifiable amount may be saved by potential employees receiving licensure more quickly due to not having to provide a high school diploma.

Comments by the department head on the fiscal impact the rule may have on businesses:

As stated in the rule analysis, this filing reorganizes the rule for increased clarity and deletes existing language that requires an individual seeking licensure to submit a high school diploma as part of the application. Where this rule applies only to individuals seeking licensure, no fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Jana Johansen at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2015

Interested persons may attend a public hearing regarding this rule:

• 06/10/2015 09:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464, Salt Lake City, UT

This rule may become effective on:

07/08/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-79. Hunting Guides and Outfitters Licensing Act Rule.

[ R156-79-302b. Qualifications for Licensure - Education Requirements.

(1) For the purposes of this rule, to show an applicant has successfully completed the basic education, any hunting guide or outfitter applicant shall provide the following:

(a) documentation of having obtained a high school diploma or its equivalent or a higher education degree; and

(b) documentation showing the completion of a first aid and CPR course.

 

]R156-79-302e. Qualifications for Licensure - Equivalent Training Requirements.

(1) (a) [For the purposes of this rule, to show an applicant meets the training requirements as a hunting guide, the applicant shall produce the following]An applicant for licensure as a hunting guide shall submit evidence of having successfully completed the following training:

(i) a first aid and CPR course as required under Subsection R156-79-102(2); and

([a]ii) (A) [documentation showing certification of completion of ]a basic hunting guide training program pursuant to Section R156-79-601; or

([b]B) [documentation of ]100 days of on-the job training that is substantially equivalent to the basic hunting guide training program.

(b) No more than 15 days of on-the-job training may be accepted for any single item of training listed in Section R156-79-601.

(2) (a) [To show an applicant meets the training requirements as an outfitter, the applicant shall produce the following]An applicant for licensure as an outfitter shall submit evidence of having successfully completed the following training:

(i) a first aid and CPR course as required under Subsection R156-79-102(2); and

([a]ii) (A) [documentation showing certification of completion of ]a basic outfitter training program pursuant to Section R156-79-602; or

([b]B) [documentation of ]100 days of on-the-job training that is substantially equivalent to the basic outfitter training program.

(b) No more than 15 days of on-the-job training may be accepted for any single item of training listed in Section R156-79-602.

(3) [The documentation required in Subsections (1)(b) and (2)(b) shall include]An applicant shall document on-the-job training through:

(a) an affidavit by [either ]a licensed hunting guide or outfitter, as applicable to the license sought, attesting to the on-the-job training [as a hunting guide or an outfitter ]claimed by the applicant;

(b) for an outfitter who has been licensed in another state, self-authenticating guarantees of reliability, such as[ include, but are not limited to]:

(i) federal land agency records;

(ii) approved training program records; or

(iii) client affidavits or letters.

(4) Three days of on-the-job training may be waived by the Division in collaboration with the Board for every day of training completed by an applicant who has attended a hunting guide or outfitter school that, as of the date of attendance, has been approved by the Division in collaboration with the Board.

 

KEY: licensing, hunting guides, outfitters

Date of Enactment or Last Substantive Amendment: [February 8, 2010]2015

Notice of Continuation: August 5, 2014

Authorizing, and Implemented or Interpreted Law: 58-79-101; 58-1-106(1)(a); 58-1-202(1)(a)