Decision Date: May 25, 1994

Panel: Linda Michaluk

Mr. Gebhard Prinz was charged with twenty-four violations of the Wildlife Act and convicted of five. Soon afterwards the Regional Manager conducted a hearing and decided to suspend his guide outfitter license and certificate, and refused to renew or issue a guide outfitter license or certificate, for a period of two years. Mr. Prinz appealed first to the Deputy Director and then to the Appeal Board.

The Board rejected the argument that an in-house appeal (to the Deputy Director) will involve bias, and found that there was nothing to suggest that it was present in this case. Since the Administrative and Quasi-criminal penalties of the Wildlife Act are separate, the Regional Manager was entitled to consider other factors aside from the convictions. There was no evidence to show that the Deputy Director exercised his discretion improperly. The appeal was dismissed.

The Board recommended that where transcripts of a trial are used in an administrative hearing that personal copies be provided to all the parties to the proceeding.