17-340. Revocation, suspension and denial of
privilege of taking wildlife; notice; violation;
classification
A. Upon conviction or after adjudication as a delinquent juvenile as defined in
section 8-201 and in addition to other penalties prescribed by this title, the
commission, after a public hearing, may revoke or suspend a license issued to any person
under this title and deny the person the right to secure another license to take or
possess wildlife for a period of not to exceed five years for:
1. Unlawful taking, unlawful selling, unlawful offering for sale, unlawful
bartering or unlawful possession of wildlife.
2. Careless use of firearms which has resulted in the injury or death of any
person.
3. Destroying, injuring or molesting livestock, or damaging or destroying growing
crops, personal property, notices or signboards, or other improvements while hunting,
trapping or fishing.
4. Littering public hunting or fishing areas while taking wildlife.
5. Knowingly allowing another person to use the person's big game tag, except as
provided by section 17-332, subsection D.
6. A violation of section 17-303, 17-304 or 17-341.
7. A violation of section 17-309, subsection A, paragraph 1 involving any unlawful
use of aircraft to take, assist in taking, harass, chase, drive, locate or assist in
locating wildlife.
B. On conviction or after adjudication as a delinquent juvenile and in addition to
any other penalties prescribed by this title:
1. For a first conviction or a first adjudication as a delinquent juvenile, for
unlawfully taking or wounding wildlife at any time or place, the commission, after a
public hearing, may revoke, suspend or deny a person's privilege to take wildlife for a
period of up to five years.
2. For a second conviction or a second adjudication as a delinquent juvenile, for
unlawfully taking or wounding wildlife at any time or place, the commission, after a
public hearing, may revoke, suspend or deny a person's privilege to take wildlife for a
period of up to ten years.
3. For a third conviction or a third adjudication as a delinquent juvenile, for
unlawfully taking or wounding wildlife at any time or place, the commission, after a
public hearing, may revoke, suspend or deny a person's privilege to take wildlife
permanently.
C. In accordance with title 41, chapter 6, article 10 and notwithstanding
subsection A of this section, any person who is assessed civil damages under section
17-314 for the unlawful taking or possession of wildlife may be denied the right to
secure a license to take wildlife until damages have been paid in full.
D. On receiving a report from the licensing authority of a state which is a party
to the wildlife violator compact, adopted under chapter 5 of this title, that a resident
of this state has failed to comply with the terms of a wildlife citation, the commission,
after a public hearing, may suspend any license issued under this title to take wildlife
until the licensing authority furnishes satisfactory evidence of compliance with the
terms of the wildlife citation.
E. In carrying out the provisions of this section the director shall notify the
licensee, within one hundred eighty days after conviction, to appear and show cause why
the license should not be revoked, suspended or denied. The notice may be served
personally or by certified mail sent to the address appearing on the license.
F. The commission shall furnish to license dealers the names and addresses of
persons whose licenses have been revoked or suspended, and the periods for which they
have been denied the right to secure licenses.
G. The commission may use the services of the office of administrative hearings to
conduct hearings and to make recommendations to the commission pursuant to this section.
H. Except for a person who takes or possesses wildlife while under permanent
revocation, a person who takes wildlife in this state, or attempts to obtain a license to
take wildlife, at a time when the person's privilege to do so is suspended, revoked or
denied under this section is guilty of a class 1 misdemeanor.
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