Section 220-200-180 - Special use permit-Suspension, modification, revocation, or denial-Appeal hearing(1) The department may suspend a person's special use permit for the following reasons and corresponding lengths of time:(a) Upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions or is found to have committed an infraction under Title 77 RCW or the department's rules for an act committed while the person is using the special use permit, the department shall suspend the person's special use permit for two years;(b) Upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions or is convicted of a misdemeanor or gross misdemeanor under Title 77 RCW or the department's rules for an act committed while the person is using the special use permit, the department shall suspend the person's special use permit for five years;(c) Upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions or is convicted of trespass, reckless endangerment, criminal conspiracy, or making a false statement to law enforcement while hunting, fishing, or engaging in any activity regulated by the department, the department shall suspend the person's special use permit for life;(d) Upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions or is convicted of a felony violation under Title 77 RCW for an act committed while the person is using the special use permit, the department shall suspend the person's special use permit for life;(e) If the person has a hunting or fishing license revoked or has hunting or fishing license privileges suspended in another state, the department shall suspend the person's special use permit for the duration of the underlying suspension or revocation;(f) If the person is cited, or charged by complaint, for an offense under Titles 76, 77, 79, 79A, 9, and 9A RCW; or for unlawful use of a department permit, trespass, reckless endangerment, criminal conspiracy, or making a false statement to law enforcement while hunting, fishing, or engaging in any activity regulated by the department for an act committed while the person is using the special use permit, the department shall immediately suspend the person's special use permit until the offense has been adjudicated; or(g) If the person submits fraudulent information to the department related to the person's special use permit, the department shall suspend the person's special use permit for five years.(2) The department may suspend a person's special use permit for two years if the person fails to abide by the terms or conditions of the special use permit issued to that person.(3) The department may modify or revoke a person's special use permit in order to: (a) Address conservation management needs relating to the special use permit;(b) Ensure the safety of the public and WDFW employees;(c) Avoid a fundamental alteration of the program, service or activity facilitated by the special use permit;(d) Incorporate appropriate updates in adaptive equipment;(e) Address changes in federal or state law or regulations; or(f) Address other compelling circumstances identified by the WDFW director.(4) The department will provide written notice of suspension, modification, or revocation of a special use permit to the permit holder. The notice will describe the circumstances underlying the suspension, modification, or revocation. Any person with a disability issued a special use permit, who is notified of an intended suspension, modification, or revocation, may request an appeal hearing under chapter 34.05 RCW. A written request for hearing must be received by the department within 20 days of the date of the notice of suspension, modification, or revocation.(5) Any person with a disability designation in good standing, as defined in WAC 220-200-160, whose application for a special use permit is denied by the department may request an appeal hearing under chapter 34.05 RCW. A written request for a hearing must be received by the department within 20 days of the date of the notice of denial.Wash. Admin. Code § 220-200-180
Adopted by WSR 18-16-074, Filed 7/30/2018, effective 8/30/2018Amended by WSR 23-11-062, Filed 5/12/2023, effective 6/12/2023