LD 1600
pg. 260
Page 259 of 361 PUBLIC Law Chapter 414 Page 261 of 361
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LR 2121
Item 1

 
4.__Fee.__The annual basic fee for a commercial whitewater
outfitter's license must be set by the department and adjusted
biennially by rule to reflect the actual cost of administering
the license program.__The fee for reissuance of a license is
equal to the annual basic fee for a license.

 
5.__Nonrenewal, suspension or revocation.__A commercial
whitewater outfitter's license is subject to nonrenewal,
suspension or revocation for good cause shown, including, but not
limited to, unsafe practices, falsifications of reports or
serious or continued violation of this chapter, subject to Title
5, chapter 375.

 
6.__Sale of business.__When a licensed outfitter's business is
sold, the commercial whitewater outfitter's license must be
returned to the department.__On application, the license must be
reissued to the purchaser, as long as the purchaser meets the
licensing requirements of the department and pays the license
fee.__A person may not profit on the return and reissuance of the
license itself, but nothing in this chapter may be construed to
prohibit profit on the sale of any of the assets of a business.__
The license is not an asset and may not be transferred as part of
a sale or transaction.__The department may require an affidavit
from the purchaser to aid in enforcement of this provision.

 
7.__Sale of business; allocations.__When a licensed
outfitter's business is sold, the selling outfitter's allocations
or portions of the allocations subject to the sale must be
returned to the department.__An outfitter who purchases the
business of another outfitter whose commercial whitewater
outfitter's license has been returned to the department as
provided in subsection 6 has 60 days from the date of sale to
submit an affidavit applying for the selling outfitter's
allocation, ensuring that the level and quality of services of
the selling outfitter will be maintained.__On application to the
department, allocations may be reissued to the purchaser, as long
as the purchaser meets the licensing and allocation requirements
of the department and pays the license and allocation fees.__ The
allocations are not assets of a business.__ Allocations or
portions of the allocations may be transferred, pursuant to this
chapter, from a selling outfitter to one or more purchasers only
if the selling outfitter's allocations or portions of the
allocations subject to the sale are returned to the department.__
An outfitter may not receive more than the maximum allocations
allowed under section 12913, subsection 3.__When allocations are
forfeited or when new allocations become available as a result of
increases in the commercial use limits on an allocated river, the
department shall sell those allocations at public auction to
qualified recipients.__Net proceeds from the sale of allocations


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