20150429-IR-312140511PRA Adds 312 IAC 9-12-2.5 governing special circumstances hunting safety cards. Amends 312 IAC 9-12-3 to allow an individual with a special circumstances hunting safety card to purchase a hunting license...

TITLE 312 NATURAL RESOURCES COMMISSION

Proposed Rule LSA Document #14-511

DIGEST

Adds 312 IAC 9-12-2.5 governing special circumstances hunting safety cards. Amends 312 IAC 9-12-3 to allow an individual with a special circumstances hunting safety card to purchase a hunting license. Effective 30 days after filing with the Publisher.

IC 4-22-2.1-5 Statement Concerning Rules Affecting Small Businesses

312 IAC 9-12-2.5; 312 IAC 9-12-3

SECTION 1. 312 IAC 9-12-2.5 IS ADDED TO READ AS FOLLOWS:

312 IAC 9-12-2.5 Special circumstances hunter education certification

Authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-22-12-1.8

Affected: IC 12-7-2-61; IC 14-22-35; IC 20-35-1-2

Sec. 2.5. (a) As used in this section, "individual with special circumstances" means an individual who:

(1) has a developmental disability as defined in IC 12-7-2-61;

(2) is a child with a disability as defined in IC 20-35-1-2; or

(3) has a developmental disability as defined in IC 12-7-2-61 that manifests itself on or after the individual is twenty-two (22) years of age and is due to injury or disease, but excludes an impairment that is attributable to the normal aging process.

(b) The department may issue a special circumstances hunting safety card under this section to an individual with special circumstances as described in this section who attends a complete course of instruction in hunter education offered by the department or the department's agent under IC 14-22-35 but is unable to pass the examination.

(c) An individual with special circumstances must apply for a special circumstances hunting safety card on a completed and signed departmental form that includes a statement of disability completed by a licensed physician or nurse practitioner. If the applicant is under eighteen (18) years of age, a parent or legal guardian who is legally responsible for the applicant's activities must sign the application.

(Natural Resources Commission; 312 IAC 9-12-2.5)

SECTION 2. 312 IAC 9-12-3 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-12-3 Demonstration of compliance with hunter education requirements

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 4-21.5; IC 14-22-11-3; IC 14-22-12-1.7

Sec. 3. (a) An agent duly appointed by the director under IC 14-22-11-3, or a clerk of a county circuit court, must not issue a hunting license to an individual subject to section 2 of this rule unless the individual:

(1) demonstrates compliance with section 2 or 2.5 of this rule; or

(2) purchases an apprentice hunting license under IC 14-22-12-1.7.

(b) An individual subject to section 2 or 2.5 of this rule may demonstrate successful completion of a hunter education program by any one (1) of the following methods:

(1) The presentation of a certificate of completion that indicates a hunter education program offered by the department or the department's agent was successfully completed by the applicant. A certificate of completion shall be completed on a department form.

(2) For an individual less than twelve (12) years of age upon completion of attendance at a hunter education course, the presentation of a certificate of attendance that indicates a hunter education program offered by the department or the department's agent has been monitored by the applicant. A license issued under this subdivision authorizes an applicant to hunt only if the applicant is accompanied by a parent or guardian. A certificate of attendance shall be prepared on a department form.

(3) A statement made under oath or affirmation by the applicant, on a department form, stating the applicant successfully completed a hunter education program approved under section 2 of this rule.

(4) A properly completed hunting license issued previously to the applicant.

(5) A final order from the commission under IC 4-21.5 and 312 IAC 3 stating the applicant is entitled to receive a hunting license.

(6) The presentation of a special circumstances hunting safety card issued by the department.

(Natural Resources Commission; 312 IAC 9-12-3; filed May 27, 1997, 3:50 p.m.: 20 IR 2758; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Nov 3, 2009, 3:34 p.m.: 20091202-IR-312090044FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA)

Posted: 04/29/2015 by Legislative Services Agency

DIN: 20150429-IR-312140511PRA

Composed: Nov 01,2016 2:00:30AM EDT

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