37-47-316. Request for net client hunter use expansion -- operation -- transfer of NCHU upon transfer of operations plan. (1) An outfitter who wishes to expand NCHU shall present an expansion request to the board. A newly licensed outfitter shall establish NCHU in the same manner as a licensed outfitter who requests an NCHU expansion unless the newly licensed outfitter is purchasing the business of an existing outfitter. The board shall evaluate the request based on the criteria provided in 37-47-317.
     (2) For any expansion of NCHU approved by the board after March 1, 1996, the outfitter has 3 years from the date of the expansion approval to establish the new NCHU. Upon expiration of the third year, the outfitter's client base must be adjusted to reflect the highest number of clients actually served, up to but not exceeding the number of clients authorized by the NCHU expansion request.
     (3) An outfitter may exceed the NCHU in any given year by the following percentages without formally requesting an NCHU expansion:
     (a) 10% for an outfitter with 1 to 50 clients;
     (b) 8% for an outfitter with 51 to 100 clients; and
     (c) 2% for an outfitter with 101 to 300 clients.
     (4) When an expansion of NCHU is approved, the outfitter who is granted the expansion shall operate within the limits of the NCHU. The flexibility to exceed NCHU in any given year, as outlined in subsection (3), does not apply to an outfitter who has been previously granted an NCHU expansion.
     (5) The NCHU of an existing outfitting business transfers with the operations plan for that business unless the business has not been in operation for at least 3 years. Upon the expiration of 3 years, the client base must be adjusted to reflect the highest number of clients served in any category during the preceding 3 years, not to exceed the total authorized by the NCHU.

     History: En. Sec. 5, Ch. 543, L. 1999.