Approved On: Feb. 20, 2020
Effective On: March 5, 2020
- The Director of the Arkansas Game and Fish Commission, or his or her designated representative, is authorized to suspend or revoke the hunting and fishing rights and privileges and any Commission-issued license, permit, tag, or stamp of any person and to deny the application of any applicant in accordance with due process, upon reasonable cause or a showing through the Commission’s records or other sufficient evidence that the person has met 1 or more of the following criteria:
- Accumulated 18 or more violation points within the past 5 years for violations of Commission regulations;
- Made a material misrepresentation or practiced fraud or deceit in an attempt to obtain or use a license, permit, tag, or stamp;
- Permitted a fraudulent or unlawful use of his license, permit, tag, or stamp;
- Under either federal law or another state’s law, has received a lifetime revocation of his or her hunting or fishing rights or privileges or any related licenses, or been convicted within the past 5 years of a hunting or fishing violation, which, if the conviction had been pursuant to Arkansas law, would have been grounds for suspension or revocation;
- Failed to comply with any term of a license, permit, tag or stamp;
- Failed to comply with any term of a citation for a hunting or fishing violation (including, without limitation, failure to appear in court or to otherwise resolve the case such as by paying a fine); or
- Has received a suspension or revocation of his or her hunting or fishing rights, privileges, or any related licenses by another state that is a member of the Interstate Wildlife Violator Compact Act (Code 01.00-Q).
- The Director of the Arkansas Game and Fish Commission, or his or her designated representative, shall suspend the hunting and fishing rights, privileges, and any related licenses of any person who has accumulated a violation point count of 18 or more within a 5-year period. The length of the suspension shall be based on the point accumulation total as follows:
- 18 to 24 Points = 1 year suspension
- 25 to 48 Points = 2 years suspension
- 49 to 72 Points = 3 years suspension
- 73 to 98 Points = 5 years suspension
- 99 Points or more = 7 years suspension
Any person who receives a hunting suspension shall be ineligible to apply for any Commission permit hunts during the period of suspension; however, an owner of a private inholding (Code 02.02) having a hunting suspension shall be eligible to apply for WMA Hunting Permits for use only by persons who possess a valid hunting license.
- All suspensions under this Code shall run consecutively.
- Prior to implementing a suspension or revocation of hunting and fishing rights, privileges, and any related licenses, the Director, or his or her designated representative, shall provide the person affected written notice of the Commission’s intent to suspend or revoke hunting and fishing rights, privileges, and related licenses and allow an opportunity for a hearing for the limited purposes of confirming the identity of the person affected and the accuracy of that person’s violation record and the violation points assigned under Code 01.00-L. The notice shall state the length and scope of the suspension and include the following information for each offense that forms the basis of the suspension: AGFC Code number; date of conviction; and number of points assigned. The Commission shall provide notice by: delivering a copy to the person affected; or leaving a copy with any member of the person’s family at least 18 years of age at a place where the person affected resides; or certified mail addressed to the person affected with a return-receipt requested and delivery restricted to the addressee or agent of the addressee. If, after diligent effort, the Commission is unable to make delivery of the notice upon the person affected, then the Commission may make service by warning order that is published weekly for 2 consecutive weeks: (i) in a newspaper of general circulation in the county where the person was last known to reside, and (ii) on the Commission’s website.
- Except as stated otherwise herein, upon suspension or revocation of any license, permit, tag or stamp, denial of any application or rights and privileges attached thereto, the Director, or his or her designated representative, shall notify the person affected in writing. Such notification shall not be required if the person affected receives a notice of intent to suspend or revoke hunting and fishing rights, privileges, and related licenses and does not request an administrative hearing within the time allowed under Code 01.00-R.