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State Statutes - Idaho - Title 36 - Chapter 21 - 36-2109
Idaho Statutes
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36-2109 - FORM AND TERM OF LICENSE -- NOTICE OF DENIAL
(a) Upon
concurrence of a majority, the board, in its discretion may issue a license to
any applicant who has filed an application in proper form with the board,
including but not limited to payment of the license fee and furnishing of
bond. Said license shall be in the form prescribed by the board, and shall be
valid for the licensing year or years for which issued from the date issued
until the end of the license year or years for which it is issued; provided,
that no outfitter's or guide's license may be sold, assigned or otherwise
transferred either by any holder thereof or by the operation of law except as
provided in this chapter. The board may prescribe by rule that limitations or
qualifications placed upon an outfitter's or guide's license as provided in
this chapter shall be indicated on the face of the license or as an attachment
to the license which shall be considered a part of the license.
(b) A license granted by the board including any attachment thereto shall
specify the activities licensed and the exact territorial limits of the
outfitter's area of operation and shall specify the species of game to be
hunted. In so approving and/or licensing any outfitter's or guide's activity,
the board shall consider the following matters, among others:
1. The length of time in which the applicant has operated in that area;
2. The extent to which the applicant is qualified by reason of
experience, equipment or resources to operate in that area;
3. The applicant's previous safety record;
4. The accessibility of the area, the particular terrain and the weather
conditions normal to that area during the outfitter's or guide's season;
5. The total amount of outfitter's area requested by any applicant giving
due consideration to the effect which such area license grant would have
upon the environment, the amount of game which can be harvested, and the
number of persons which can be adequately served in the area.
(c) The board shall refuse to issue any license to any applicant for an
outfitter's or guide's license who the board finds is not a competent person
of good moral character, less than eighteen (18) years of age and does not
possess a working knowledge of the game and fishing laws of the state of Idaho
and the regulations of the United States forest service. The board shall also
refuse to issue an outfitter's license to any applicant who the board finds
does not have sufficient financial responsibility to conduct adequately the
business of an outfitter. The board shall refuse to issue any license to a
firm, partnership, corporation or other organization or any combination
thereof which fails to have at least one (1) designated agent conducting its
outfitting business who meets all of the qualifications and requirements of a
licensed outfitter. The board may also refuse to grant an outfitter's or
guide's license to any applicant for violation of any of the provisions
hereinafter specified in this chapter as grounds for revocation or suspension
of an outfitter's or guide's license. If the application is denied, the board
shall notify the applicant, in writing, of the reasons for such denial within
ten (10) days and if the applicant shall correct, to the satisfaction of the
board, such reasons within thirty (30) days of receipt of such notice and if,
thereafter, a majority of the board concur, the board may issue a license to
the applicant.
(d) No license shall be issued by the board until a majority thereof has
reported favorably thereon; except, an application for a license identical to
a license held during the previous year may be issued on approval by one (1)
board member providing there is no adverse information on file regarding the
applicant.
 
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