CHAPTER 16 - PROCEDURAL RULES FOR THE WILDLIFE COMMISSION

05/03/2007

ARTICLE IV – REFUNDS, REIMBURSEMENT AND RESTORATION OF PREFERENCE POINTS

#1670 Refunds and Restoration of Preference Points

	See also §§ 33-4-102 (6) for statutory provisions related to refunds

A.	General Refund Procedures – Except as provided herein, anyone may request and be given a refund for a license prior to the start of the season for which the license was issued. Requests must be postmarked prior to the opening day of the season for which the license was issued.

1.	All refunds shall be requested on a form provided by or in the format requested by the Division.

2.	All requests for license refunds must be accompanied by the entire license and carcass tag when applicable.

3.	Refunds may be requested by mail or in person at any division of wildlife area or regional office or at the Denver headquarters office.

4.	Refunds shall only be issued to the person whose name appears on the license.

5.	Licenses purchased through non-Division of Wildlife license agents will be refunded at cost less license agent fee.

6.	No refunds shall be made on any special licenses listed in 33-4-102(2), C.R.S., or any auction or raffle licenses as provided for in 33-4-116 or 33-4-116.5, C.R.S., or to any person whose license privileges have been suspended by the Wildlife Commission.

7.	Except for bighorn sheep, mountain goat, moose, public Ranching for Wildlife antlered and either-sex deer and elk, and buck and either-sex pronghorn, limited licenses that are returned for refund will not be reissued, unless there are existing leftover licenses for the same hunt code at the time the license is returned.

8.	Requests for refunds after the opening of the season will be accompanied by sufficient evidence demonstrating that the license has not been used and circumstances precluded the licensee from being able to use the license.  In addition, to be eligible for a refund the failure to apply for a refund before the opening day of the season for which the license was issued cannot be due to a lack of diligence on the part of the licensee.  The Division of Wildlife’s License Administration Manager will render a decision on the refund request on behalf of the Division and the Wildlife Commission and such decision shall constitute final agency action.  Circumstances for which reimbursement will be considered shall be limited to:

a.	Extreme medical circumstances involving the license holder.

b.	Death of the license holder or death of a license holder’s immediate family member.

However, in no event shall a refund be made where the request for refund is submitted more than thirty (30) days after the opening of the season for which the license was issued or more than thirty (30) days after the date of purchase of the license. In case of conflict the least restrictive time limit shall apply. Proved further that the 30-day time limit will be extended for members of the United States armed forces whose military service requirements precluded their application for a refund within said period or for refunds as described below.

B.	Other Refunds

1.	Refunds or antlerless licenses may be issued in any unit approved by the Division for the same species in the same year to hunters who harvest a deer, elk or moose in which Chronic Wasting Disease (CWD) is detected through the Division’s CWD monitoring or testing programs.  Where there is no open season or insufficient time remains to reasonably exercise the benefits of a license granted in the same year, the Division may issue the licensee an antlerless license for the same species in the following year in the same Game Management Unit where the CWD detected animal was harvested, or if antlerless hunting is not permitted in the applicable GMU, the Division may designate a substitute GMU.  If the season closes prior to October 31 in the unit, the license will be valid through October 31.  The provisions of this regulation shall apply to any hunter who harvests a moose after January 1, 2006 in which CWD is detected.  Licenses issued pursuant to this provision shall not be considered part of the quota otherwise established by the Commission for that GMU.

C.	Restoration of Preference Points

1.		License preference points used to obtain the license will not be restored except as follows:
a.	Prior to the opening of the season preference points may be restored to the pre-drawing level in lieu of a refund at the licensee’s request.

b.	After the opening of the season, the License Administration Manager may restore preference points to the pre-drawing level in lieu of a refund for:
1.	Extreme medical circumstances involving the license holder; or
2.	Death of a license holder’s immediate family member.

#1671 - Reimbursement for processing costs associated with CWD positive animals

A.	Costs incurred for processing CWD positive animals

1.	Hunters may request reimbursement from the Division for the reasonable costs actually incurred when processing any animal that:

a.	receives a positive test result from a USDA approved contract laboratory using a USDA approved test;

b.	is untestable as a result of any act or omission of the Division; or

c.	is untestable for any reason and was required to be submitted for testing by regulation.

2.	All requests for reimbursement shall be submitted on the forms provided by the Division and accompanied by receipts supporting the amount of reimbursement requested, except that reimbursement for processing shall be allowed without receipts in the amount of $50.  Reimbursement with receipts is limited to no more than $100 per animal for private processing supplies or $200 per animal for commercial processing except for moose.  The maximum reimbursement for commercial processing for moose is $250.00.