Wyoming Administrative Code Agency 075 - Outfitters and Professional Guides, Board of
Wyoming Administrative Code Agency 075
Board of Outfitters and Professional Guides
Overview
The Board of Outfitters and Professional Guides (Agency 075) regulates and licenses outfitters and professional guides operating within Wyoming. Outfitters and guides provide services related to outdoor recreational activities such as hunting, fishing, rafting, horseback riding, and other wilderness experiences.
The Board's mission is to ensure public safety, ethical business practices, and wildlife conservation through the licensing and regulation of outfitters and guides. It protects both consumers and natural resources by enforcing standards of conduct and operational requirements.
Key Responsibilities and Functions of the Board
Licensing and Registration:
The Board issues licenses to outfitters and professional guides who meet specified qualifications.
Applicants must demonstrate knowledge of outdoor skills, safety, local laws, and conservation practices.
Licenses are renewed periodically, subject to compliance with Board rules.
Regulation and Standards:
Establishes minimum standards for conducting outfitting and guiding services.
Sets safety requirements, ethical guidelines, and operational protocols.
Ensures compliance with state wildlife regulations and conservation policies.
Inspection and Monitoring:
The Board inspects outfitter operations and may investigate complaints regarding misconduct or safety violations.
Non-compliance can result in warnings, fines, suspension, or revocation of licenses.
Disciplinary Authority:
Holds hearings on complaints and violations.
Has the power to discipline licensees for unethical behavior, failure to follow regulations, or endangering public safety.
Public Protection and Resource Conservation:
Works closely with wildlife agencies to protect wildlife populations and habitats.
Enforces rules designed to maintain sustainable outdoor recreation practices.
Appeals Process:
Provides licensees the right to appeal adverse decisions through administrative hearings.
Further judicial review can be sought under Wyoming administrative law.
Licensing Requirements
Applicants must be of legal age and pass background checks.
Demonstrate competency in outdoor skills, first aid, and local natural resources.
Maintain insurance or bonding as required.
Agree to abide by all state laws, Board rules, and ethical codes.
Enforcement and Disciplinary Actions
The Board can investigate complaints from clients, wildlife officials, or the public.
Disciplinary measures include:
License suspension or revocation
Civil penalties
Requirements to take remedial education or training
Enforcement aims to balance consumer protection with fair treatment of licensees.
Relevant Wyoming Case Law and Legal Principles
While there are few landmark Wyoming cases specific to the Board of Outfitters and Professional Guides, general principles of administrative law and licensing boards apply.
1. Due Process Rights in Licensing Decisions
Licensees and applicants are entitled to procedural due process under both Wyoming law and constitutional standards.
This includes notice of charges or reasons for denial/suspension and a meaningful opportunity to be heard in an administrative hearing.
Example: If an outfitter’s license is revoked for alleged violations, the Board must provide an evidentiary hearing before final action.
2. Judicial Review of Board Decisions
Wyoming courts typically apply the substantial evidence standard when reviewing Board actions.
Courts defer to the Board’s expertise in technical and field-specific matters (e.g., knowledge of outfitting practices).
However, courts will overturn decisions found to be arbitrary, capricious, or beyond statutory authority.
3. Scope of Regulatory Authority
The Board’s authority stems from Wyoming statutes regulating outdoor recreation and wildlife.
Courts uphold the Board’s regulations if they reasonably relate to its mandate to protect public safety and natural resources.
For instance, restrictions on the number of clients per guide or safety equipment requirements are generally upheld as valid exercises of regulatory power.
4. Case Illustration (Hypothetical)
An outfitter was found to have violated safety rules by failing to carry required rescue equipment.
The Board suspended the license after a hearing.
The outfitter appealed, arguing lack of proper notice and inadequate evidence.
The court affirmed the Board’s suspension, emphasizing the Board’s role in ensuring public safety and that due process was observed.
Summary Table of Agency 075 Key Points
| Aspect | Details |
|---|---|
| Purpose | Regulate outfitters/guides for public safety and conservation. |
| Licensing | Requires demonstration of competency, insurance, and compliance. |
| Regulation | Safety standards, ethical codes, operational requirements. |
| Discipline | Investigation, hearings, penalties, license suspension/revocation. |
| Appeals | Administrative hearings and judicial review allowed. |
| Legal Standards | Due process, substantial evidence, reasonable regulation. |
Why This Board Matters
The Board ensures that outdoor recreation activities in Wyoming, which are economically and culturally significant, are conducted safely, ethically, and sustainably. It protects clients from unqualified guides and preserves Wyoming’s natural heritage.
Would You Like More?
I can provide:
Detailed summaries of specific licensing rules under Agency 075.
Explanations of appeal procedures and disciplinary processes.
More hypothetical case scenarios illustrating legal challenges and Board decisions.
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