SUBCHAPTER 10G ‑ DISTRIBUTION AND SALE OF HUNTING: FISHING: AND TRAPPING LICENSE

 

SECTION .0100 ‑ LICENSE AGENTS

 

15A NCAC 10G .0101 APPOINTMENT OF LICENSE AGENTS

 

History Note: Authority G.S. 113‑134; 113‑270.1;

Eff. February 1, 1976;

Amended Eff. February 1, 1982;

Repealed Eff. July 1, 1988.

15A NCAC 10G .0102 QUALIFICATIONS OF LICENSE AGENT

15A NCAC 10G .0103 CHANGE OF OWNERSHIP OR LOCATION

 

History Note: Authority G.S. 113‑134; 113‑270.1;

Eff. February 1, 1976;

Amended Eff. August 1, 1988; June 1, 1983; February 1, 1982;

Repealed Eff. April 1, 1997.

 

15A NCAC 10G .0104 LICENSE HANDLING PROCEDURE

15A NCAC 10G .0105 CREDIT FOR LOST LICENSE

 

History Note: Authority G.S. 113‑134; 113‑270.1; 113‑270.3; 113‑275; 113‑305;

Eff. February 1, 1976;

Amended Eff. February 1, 1982; November 1, 1981; April 15, 1979;

Repealed Eff. July 1, 1988.

 

SECTION .0200 ‑ BOAT REGISTRATION AGENTS

 

15A NCAC 10G .0201 APPOINTMENT OF AGENTS

 

History Note: Authority G.S. 75A‑3; 75A‑5;

Eff. January 1, 1980;

Repealed Eff. July 1, 1988.

 

15A NCAC 10G .0202 QUALIFICATIONS OF AGENTS

15A NCAC 10G .0203 CHANGE OF OWNERSHIP OR LOCATION

 

History Note: Authority G.S. 75A‑3; 75A‑5:

Eff. January 1, 1980;

Amended Eff. June 1, 1983; February 1, 1982;

Repealed Eff. April 1, 1997.

 

15A NCAC 10G .0204 BOAT REGISTRATION PROCEDURE

15A NCAC 10G .0205 CREDIT FOR VALIDATION DECALS LOST

 

History Note: Authority G.S. 75A‑3; 75A‑5;

Eff. January 1, 1980;

Amended Eff. February 1, 1982;

Repealed Eff. July 1, 1988.

 

15A NCAC 10G .0206 AUTHORITY OF BOAT REGISTRATION AGENTS

 

History Note: Authority G.S. 75A‑3; 75A‑5;

Eff. February 1, 1995;

Repealed Eff. March 2, 1997.

 

SECTION .0300 ‑ FUR TAG AGENTS

 

15A NCAC 10G .0301 APPOINTMENT OF AGENTS

 

History Note: Authority G.S. 113‑134; 113‑273; 113‑276.1; 113‑291.3; 113‑305;

Eff. October 1, 1980;

Repealed Eff. July 1, 1988.

 

15A NCAC 10G .0302 QUALIFICATIONS OF AGENTS

15A NCAC 10G .0303 CHANGE OF OWNERSHIP OR LOCATION

 

History Note: Authority G.S. 113‑143; 113‑273; 113‑276.1; 113‑291.2; 113‑291.3; 113‑305;

Eff. October 1, 1980;

Amended Eff. June 1, 1983; February 1, 1982;

Repealed Eff. April 1, 1997.

 

15A NCAC 10G .0304 FUR TAG DISTRIBUTION PROCEDURE

15A NCAC 10G .0305 CREDIT FOR FUR TAG LOSSES

15A NCAC 10G .0306 TERMINATION OF AGENCY

 

History Note: Authority G.S. 113‑134; 113‑273; 113‑276.1; 113‑291.3;

Eff. October 1, 1980;

Amended Eff. February 1, 1982;

Repealed Eff. July 1, 1988.

 

SECTION .0400 - WILDLIFE SERVICE AGENTS

 

15A NCAC 10G .0401 Purpose of wildlife service agents

Wildlife Service Agents are official license and vessel agents of the North Carolina Wildlife Resources Commission (Commission) who are appointed by the agency and thereby authorized to issue hunting, fishing and other licenses, permits, applications, vessel transactions, and other items authorized by the Commission pursuant to a Wildlife Service Agent Agreement in accordance with Rule .0403 of this Section.

 

History Note: Authority G.S. 113‑134; 113‑270.1;

Eff. April 1, 1997;

Amended Eff. May 1, 2007.

 

15A NCAC 10G .0402 APPOINTMENT OF WILDLIFE SERVICE AGENTS

(a) Any business operating from a fixed location in North Carolina may apply to the Commission for appointment as a Wildlife Service Agent by completing an application provided by the Commission.

(b) Application. Applications for Wildlife Service Agent appointment shall contain the business name, address, county where the business is located, agent contact information, bank account information, business hours, and any other information requested by the Commission that is reasonably necessary to determine the fitness of the applicant to serve as a Wildlife Service Agent.

(c) Qualifications and Requirements. Applicants shall meet the following qualifications in order to be appointed as a Wildlife Service Agent.

(1) Businesses shall operate from a fixed location in North Carolina and shall sell a minimum of one thousand dollars ($1,000) in transaction sales annually. This minimum requirement may be waived by the Executive Director if he finds the applicant's services necessary to maintain adequate agent services to the public in that geographic area.

(2) An applicant shall have a minimum of one year's experience in operating the business for which the application is made or other equivalent business experience or training. In those cases where other equivalent business experience or training is accepted in lieu of the minimum one year's experience, the applicant shall submit financial statements of the business so that the solvency of the business can be judged.

(3) Applicants shall provide a bank account for the purpose of transferring net proceeds from all Wildlife Service Agent transactions to the Commission's account in the State Treasury every week via an electronic transfer of funds.

(d) The qualifications as provided by Paragraphs (b) and (c) of this Rule shall be met prior to appointment. Failure to comply with the qualifications and requirements as provided by Paragraph (c) of this Rule, throughout the term of the appointment, may result in termination of the agent appointment. All agents are subject to monitoring of their performance by the Customer Support Section of the Commission.

 

History Note: Authority G.S. 113-134; 113-270.1;

Eff. April 1, 1997;

Amended Eff. September 1, 2011; May 1, 2007; July 1, 1998.

 

15A NCAC 10G .0403 WILDLIFE SERVICE AGENT AGREEMENT

Each Wildlife Service Agent shall execute an Agreement with the Commission and shall comply with all rules and statutes related to the sale of licenses and the registration of vessels. All terms and conditions shall be set forth in the Agreement at the time of execution. The business shall operate as a public convenience and shall serve the public in an efficient and helpful manner with all reasonable requests for assistance related to the duties of a Wildlife Service Agent whenever open for business. The agent shall be informed and knowledgeable of the laws and rules governing requirements for licenses and vessel transactions and stay abreast of changes in these requirements so that the agent can provide accurate and reliable information and instruction to persons who seek assistance in these matters. The appointment as a Wildlife Service Agent and the Agreement under which the appointment is made are singularly valid for the person named thereon who is authorized to act on behalf of the business and applies only to the business and location named and is non-transferable.

 

History Note: Authority G.S. 113-134; 113-270.1;

Eff. April 1, 1997;

Amended Eff. September 1, 2011; June 1, 2007; July 1, 1998.

 

15A NCAC 10G .0404 CUSTOMER SUPPORT SYSTEm Repealed

 

History Note: Authority G.S. 113-134; 113-270.1;

Eff. April 1, 1997;

Amended Eff. April 1, 1999;

Repealed Eff. May 1, 2007.

 

15A NCAC 10G .0405 WILDLIFE SERVICE AGENT TERMS AND CONDITIONS

(a) A Wildlife Service Agent's appointment and service is subject to the following terms and conditions:

(1) Public Service. Wildlife Service Agents shall serve all persons seeking assistance with matters related to the duties of a Wildlife Service Agent.

(2) Training. New Wildlife Service Agents shall attend a training session at a location specified by the Commission prior to activation of agent status and prior to receiving any equipment or supplies from the Commission.

(3) Activation of Agent Status. Upon completion of training and receipt of equipment and supplies, Wildlife Service Agents shall have their equipment set up and ready for operation 10 days after the date they receive the equipment and supplies.

(4) Application. Each Wildlife Service Agent shall notify the Commission of any changes to the original application for appointment such as business name, address, agent contact information, bank account information, business hours and other information related to agent appointment, within five business days of its change.

(5) Business Change of Ownership, Location, or Management. If the ownership of the business, location or management changes, then the Agreement becomes null and void. Written notice of any change in ownership, location, or management shall be sent to the Commission at least 10 days prior to the change along with an application for a new Wildlife Service Agreement, if desired, pursuant to the rules in this Section.

(6) Cancellation. A Wildlife Service Agent may cancel the Agreement at any time by sending written notice to the Commission. The Commission shall instruct resigning agents on the procedures for returning all equipment and supplies and to settle their account. Upon resignation of appointment as a Wildlife Service Agent, the former agent must return all consigned equipment and supplies to the Commission and settle the agent financial account within 10 days of the resignation letter's date.

(b) Suspension. The Commission shall temporarily suspend any Wildlife Service Agent appointment for:

(1) Failure to deposit sufficient funds one or two times to cover the electronic transfer of funds each week.

(2) Failure to operate as a public convenience as specified in the Agreement one or two times.

(3) Failure to provide proper and correct information one or two times about wildlife transactions and related issues to customers as documented by customer complaints or agency inspections.

(4) Failure to submit or return all required documentation for transactions as outlined in the Agreement one or two times.

Temporary suspension is effective immediately upon communication of that fact to the Wildlife Service Agent. Such communication shall state the grounds for temporary suspension and that the agent may request a hearing within 5 working days if he contests the grounds for temporary suspension. If the initial notification is not in writing, it shall be followed by written notice of temporary suspension containing the same information. If the Commission determines it is necessary to protect State property, an employee of the Commission may enter the premises and impound all property and supplies issued or entitled to by the Commission such as equipment, moneys, record books, reports, license forms, other documents and materials pertinent to the agent being suspended. The Commission must make the impounded property, or copies of it, available to the agent during the period of temporary suspension. If a hearing is requested, it shall be before the Executive Director or his designee and shall be held at a location specified by the Executive Director.

Temporary suspension remains in effect until the hearing. A temporary suspension may not last longer than 30 days, but additional suspensions may be imposed if, at the end of the suspension period, the agent has not corrected the deficiency or deficiencies that resulted in the suspension. A Wildlife Service Agent may at any time after a hearing appeal his suspension to the Commission. A new suspension shall comply with the provisions of this Paragraph.

(c) Termination. The Commission shall terminate any Wildlife Service Agent appointment for any of the deficiencies listed below unless it determines that such deficiency may be corrected, is not likely to be repeated during the term of the current agreement, and not maintaining the Agent Agreement will result in insufficient Commission services to the public in the area served by the Agent. Deficiencies that may result in termination include:

(1) Failure to comply with the terms and conditions as outlined in the wildlife service agreement.

(2) Failure to deposit sufficient funds three or more times to cover the electronic transfer of funds each week.

(3) Failure to meet the minimum transaction sales requirement of one thousand dollars ($1,000) annually.

(4) Failure to operate as a public convenience as specified in the Agreement three or more times.

(5) Failure to provide proper and correct information three or more times about wildlife transactions and related issues to customers as documented by customer complaints or agency inspections.

(6) Failure to submit or return all required documentation for transactions as outlined in the Agreement three or more times.

Notice of termination of the appointment may be sent to the Wildlife Service Agent in lieu of or in addition to temporary suspension. The notice must state the grounds for termination of the appointment and the agent's right to a hearing if he has not previously been afforded one. If the appointment is to be terminated, the notice must state the effective date and hour of termination. If the agent has not been previously afforded a hearing, the agent is entitled to a hearing within 14 days before the Executive Director or his designee to be held at a location specified by the Executive Director. If the Executive Director upholds the decision to terminate the appointment, an agent may appeal his termination to the Commission. Pending the hearing and any appeal from it, the termination is held in abeyance, but no transaction may be made once the agent's termination effective date and time have passed.

Upon termination of appointment as a Wildlife Service Agent, the former agent must return all consigned equipment and supplies to the Commission and settle the agent financial account within 10 days of the date of receiving written notice from the Commission. Employees of the Commission may conduct inspections and audits when terminating an agent.

The Executive Director or his designee holding any hearing under this Paragraph must keep a written record of evidence considered and findings made. Upon appeal to the Commission, the Commission Chairman or another presiding officer must cause such a written record of evidence and findings to be made and kept.

No person denied appointment or whose appointment was terminated under this Paragraph may apply again for an appointment as a Wildlife Service Agent for two years. Upon application, the Commission may not grant the appointment as a Wildlife Service Agent unless the applicant produces evidence, convincing to the Commission, that he meets all standards and qualifications and will comply with all requirements of statutes and rules pertaining to Wildlife Service Agents.

(d) Use of customer identifying information. Customer identifying information for customers of the Commission is protected by G.S. 143-254.5. Wildlife Service Agents shall not disclose any customer identifying information to any third party without written authorization of the Commission. Wildlife Service Agents shall not use such customer identifying information for any purpose other than the processing of Commission transactions requested by the customer. Failure to abide by provisions in this Paragraph is grounds for termination of the agency.

 

History Note: Authority G.S. 113-134; 113-270.1;

Eff. June 1, 2007;

Amended Eff. September 1, 2011.

 

SECTION .0500 - LICENSEE REQUIREMENTS

 

15A NCAC 10G .0501 LICENSEE REQUIREMENTS

In order to show entitlement to licenses issued by the Wildlife Resources Commission, persons exercising the privilege of any license shall carry and show to any Wildlife Enforcement Officer upon request a picture identification card which includes the holder's correct name, address, and date of birth, except that no person shall be in violation of this Rule if the required identification is provided to the Wildlife Resources Commission prior to the assigned court date. The North Carolina Driver's License or the North Carolina Picture ID Card issued by the North Carolina Division of Motor Vehicles is one type of identification card that is acceptable for the purposes of this Rule.

 

History Note: Authority G.S. 113-134; 113-270.1;

Eff. April 1, 1997.

 

Section .0600 License Eligibility

 

15A NCAC 10G .0601 TOTALLY DISABLED LICENSE ELIGIBILiTY

The Wildlife Resources Commission shall accept documentation from individual residents who are certified as totally and permanently disabled by the Social Security Administration, Civil Service Retirement System, Railroad Retirement Board, or the North Carolina State Retirement System for the purpose of obtaining a lifetime totally disabled hunting and fishing license as described in G.S. 113-270.1C, 113-270.1D, 113-271, and 113-351.

 

History Note: Authority G.S. 113-134; 113-270.1C; 113-270.1D; 113-271; 113-351;

Eff. August 1, 2014.