In re Snuffer

456 S.E.2d 493, 193 W. Va. 412, 1995 W. Va. LEXIS 51
CourtWest Virginia Supreme Court
DecidedMarch 24, 1995
DocketNo. 22479
StatusPublished
Cited by8 cases

This text of 456 S.E.2d 493 (In re Snuffer) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Snuffer, 456 S.E.2d 493, 193 W. Va. 412, 1995 W. Va. LEXIS 51 (W. Va. 1995).

Opinions

FOX, Justice:1

In this case we consider a challenge to the validity of West Virginia Code § 20-2-38 (1989), which grants the Director of the West Virginia Division of Natural Resources (DNR) the authority to revoke, for cause, a hunting or fishing license previously issued.

By letter of 1 March 1993, the appellant, J. Edward Hamrick, III, then Director of the DNR, revoked for five years the hunting and fishing privileges of the respondent, Chester C. Snuffer. The respondent requested an administrative review of the Director’s order. An administrative hearing was conducted on 1 July 1993, and the hearing examiner denied the respondent’s appeal, holding the revocation proper and consistent with applicable law. The respondent then petitioned the Circuit Court of Raleigh County, West Virginia, for a judicial review of the hearing examiner’s decision under the provisions of W.Va. Code § 29A-5-4.2 The circuit court heard the matter on 20 December 1993, and subsequently reversed the Director’s revocation of Mr. Snuffer’s license.

The Director’s license revocation notice alleged that Mr. Snuffer was guilty of “[a] history of repeated wildlife-related violations ... and a blatant disregard for state wildlife laws for a number of years.” The Director based this assessment on a series of violations compiled by Mr. Snuffer dining the period from 1977 through 1993.

On 21 November 1977, Mr. Snuffer pleaded guilty to the charge of illegally transporting a pistol or revolver in a motor vehicle.

On 13 January 1987, a jury convicted Mr. Snuffer of spotlighting with a firearm. He was fined $100.00, plus costs and jury fees, and sentenced to ten days in jail. Based on this ■ conviction, the Director revoked Mr. Snuffer’s hunting privileges for two years, pursuant to W.Va.Code § 20-2-38.3

On 24 October 1987, while his license was revoked, Mr. Snuffer pleaded guilty to (1) illegally killing a deer out of season; and (2) hunting without a license. Based on these convictions, the Director, acting pursuant to West Virginia Code of State Regulations § 58^49-3.2, extended Mr. Snuffer’s license revocation for an additional two years.

On 21 December 1990, Mr. Snuffer pleaded guilty to brandishing a deadly weapon while hunting.

On 4 May 1992, Mr. Snuffer pleaded nolo contendere to hunting by an illegal method, i.e., blind hunting over illegal bait — corn, in violation of W.Va.Code § 20-2-5(6) (1989).

On 11 February 1993, Mr. Snuffer was issued a citation charging him with exceeding the creel limit — trout, in violation of W.Va. Code § 20-2-5b (1989). He appeared that day in magistrate court and was assessed a fine and court costs, which he ultimately paid.

As a result of the accumulation of violations, and pursuant to W.Va.Code § 20-2-38, the Director sent Mr. Snuffer an official notice of revocation on 1 March 1993. West [415]*415Virginia Code § 20-2-38 (1989) provides, in part: “The director may, for cause, refuse a license or permit to any person or revoke a license or permit which had been granted. ... All licenses and permits authorized by this chapter to be granted shall be deemed to have been granted by the director, and the power and authority to revoke such licenses is vested in the director.” (Emphasis added.)

This case is one of first impression, representing a challenge by the respondent to the DNR’s authority to revoke hunting and fishing privileges under W.Va.Code § 20-2-38. The circuit court found this authority to be “very open ended,” and ultimately held that it was limited to instances specifically involving violations of the West Virginia Code of State Regulations (CSR). The revocation of licenses is addressed in CSR § 58-49-3:

3.1 A license or licenses shall be revoked ' by the Division for the following causes:
3.1.1. Negligent Shooting. Except as provided in Section 5.1.1 of these regulations, the hunting licenses of any person convicted of negligent shooting under the provisions of W.Va.Code § 20-2-57 shall be revoked and license privileges shall be suspended for a period of five (5) years. The suspension period will begin on the date of conviction.
3.1.2. Amassed Points. The hunting or fishing licenses of any person who amasses ten (10) or more points in any two-year period shall be revoked and license privileges shall be suspended for a period of two (2) years....

Although W.Va.Code § 20-2-38 refers only to “cause” as a basis for revocation, in this instance the circuit court interpreted “cause” to mean “good cause.” Further, the circuit court held:

The words “good cause” as contained in the statute are not defined with any specificity and present a vague and overbroad discretion in the Director.
The regulations promulgated and adopted by the division may well be said to direct, define and limit the application of “good cause.”
There is no indication that the legislature in attempting to address the recited mischiefs intended to provide the Director with an open end opportunity to judge in retrospect....

In accordance with the above, the circuit court held the five-year revocation of Chester Snuffer’s hunting and fishing privileges exceeded the statutory authority and jurisdiction of the DNR under W.Va.Code § 20-2-38. Further, the lower court found that the revocation was arbitrary and capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. We disagree with both holdings.

West Virginia Code § 20-2-1 (1989) establishes the public policy underlying the management of the wildlife resources of this State, requiring their protection “for the use and enjoyment of all the citizens-” Hunting and fishing privileges are specifically listed as benefits under this policy. West Virginia Code § 20-2-27 (1989) mandates the necessity of hunting and fishing licenses, and W.Va.Code § 20-2-28 (1994 Cum.Supp.) through § 20-2-63 (1989) sets forth the necessary provisions and procedures appertaining thereto.

Hunting and fishing privileges must be regulated in a manner which comports with the public policy underlying the management of wildlife resources. Realizing that licensing is an invaluable regulatory tool, the legislature established hunting and fishing licensing procedures which fall under the purview of the Director of the DNR. By their very nature, outdoor activities such as hunting and fishing are not easily supervised or regulated, so the legislature granted the Director broad powers to administer the licensing of these activities. Legislation which addresses all possible reasons for refusing or revoking a license would be impossible to draft. Thus, W.Va.Code § 20-2-38 states simply that “[t]he director may, for cause, refuse a license or permit to any person or revoke a license or permit which had been granted.”

In syllabus point 2 of Francis O. Day Co. v. Director, D.E.P., 191 W.Va. 134, 443 S.E.2d 602 (1994), this Court stated:

[416]*416“ ‘ “The primary object in construing a statute is to ascertain and give effect to the intent of the legislature.” Syl. Pt. 1, Smith v. State Workmen’s Compensation Comm. [Com’r],

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Cite This Page — Counsel Stack

Bluebook (online)
456 S.E.2d 493, 193 W. Va. 412, 1995 W. Va. LEXIS 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-snuffer-wva-1995.