La. Admin. Code tit. 76 § I-327

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-327 - Recreational Electronic Licensing

A. In accordance with Act 164 of the 1998 first Extraordinary Session of the Louisiana Legislature, the secretary of the Department of Wildlife and Fisheries hereby establishes rules for electronic licenses issuance within the Department of Wildlife and Fisheries, providing regulations and qualification criteria of license vendors, criteria to accept or reject applications or suspend the licensee, and establish effective license authorization numbers.

B. The department may enter into contracts to acquire electronic methods for issuing hunting and recreational fishing licenses within the state purchasing regulations.

C. Effective June 1, 2000, all recreational licenses previously issued by non-electronic methods, shall be available through electronic issuing methods pursuant to these rules.

D. The secretary of the department shall have the authority to enter into contracts with license issuing agents (license vendors) for the purpose of distribution of electronic licenses. Licensing vendors shall be required to execute a contract provided by the department which shall, at a minimum:

1. provide for a security deposit(s) by the vendor for electronic issuing equipment;

2. provide the mechanisms by which the electronic issuance and transfer of license fees shall be accomplished;

3. provide for compensation of licensing vendors in an amount not to exceed $0.50 per license privilege, to be retained by the license vendor from license fees collected;

4. provide for other terms and conditions to be fulfilled by license vendors.

E. To qualify to become a license vendor, an applicant must complete the application, providing all required supporting documentation, sign a contract with the department, and pay security deposit(s) for equipment.

F. To remain qualified, a licensing vendor must abide by all terms and conditions of the contract executed with the department. Failure to do so may result in suspension of authority to participate in the program and subject the offender to other penalties as provided by law.

G. Funding for the electronic license system shall be provided from grants, license fees and other sources provided by law.

H. All payments for licenses sold shall be paid by bank transfer. The department shall specify the type of bank transfer(s) permitted.

I. Any vendor whose bank account is not sufficiently funded for three consecutive weeks, will be suspended from selling licenses until all funds due to the department have been satisfied. If any balance due from a suspended vendor is not paid within 60 days of written notification from the department, the vendor shall be dropped from the program, any balance due will be turned over for collection.

J. License vendors may only issue licenses to applicants who meet the requirements as set forth in R.S. 56, and who provide the required identification and documentation for the license.

K. Licensees who purchase licenses by telephone or Internet will be issued an effective license number (authorization number) that shall be effective immediately, or in accordance to dates provided therein, and will be valid for up to 14 days.

L. Out-of-state licensees obtaining privileges by electronic methods shall have in their possession picture identification issued by an agency of a state or the federal government. Louisiana residents shall possess identification as required in R.S. 56:8(12). R.S. 56:8(60.1) requires that the appropriate identification be in possession at all times when engaging in the activity for which the license was issued.

M. The secretary shall have the authority to provide for the implementation of lottery-type issues through electronic methods as provided herein.

N. An applicant for a hunting or a fishing license who owes civil penalties pursuant to R.S. 56:31 et seq., and R.S. 56:40 et seq., shall, after decision and after appeal delay has run, be marked in the license issuance system(s) in a manner so as to deny the purchase of hunting or fishing licenses until all civil penalties have been paid in full. In addition, any applicant, or payee on behalf of an applicant, who has an unpaid check returned by the bank for any reason shall be marked in the license issuance system(s) in a manner to deny the purchase of hunting and fishing licenses until all such fees and NSF charges have been paid in full.

O. If any provision of these regulations is held invalid, such invalidity shall not affect the other provisions of these regulations which can be given effect without the invalid provisions, and to this end the provisions of these regulations are hereby declared severable.

La. Admin. Code tit. 76, § I-327

Promulgated by the Department of Wildlife and Fisheries, Office of Management and Finance, LR 24:505 (March 1998), amended by Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 26:1078 (May 2000), amended by Department of Wildlife and Fisheries, Office of Management and Finance, LR 27:1243 (August 2001), amended by Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 28:354 (February 2002), LR 28:2570 (December 2002), LR 31:1103 (May 2005), repromulgated LR 31:1345 (June 2005) .

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:6(21) and R.S. 56:641.1.