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Wyoming Board of Outfitters and Professional Guides v. Clark8/27/2001
uest was denied, and the second is this line from a letter Clark wrote to the Board: "Also Mr. Gregg Fischer was interested in hiring me if he needs another guide this fall." Clark claimed he did not say that he had talked to Fischer but merely that he represented that he could work for Fischer if the Board would add that provision to his conditional license. Clark testified that, although he had not talked with Fischer, he was informed through a third party that Fischer could use him as a guide if he was licensed. It is also Clark's contention that he never did ask to be licensed to work for Fischer but that he merely used him as an example of someone he could work for if his license was not so tightly conditioned. The only reliable evidence of what Clark said with respect to Fischer comes from Clark; indeed, it could be said that that is the only evidence in the record going to this issue. Based on the record, we cannot conclude that there was substantial evidence to support the Board's conclusions in this regard.
[ ] The Board also found that Clark misrepresented facts and intentionally omitted other material facts with respect to the distance between Dale Clark's "camp" and the "camp" run by Amerine. Clark said they were about 28 miles apart. This is reflected in the minutes of the August 24, 1998 meeting. The factual basis for these alleged misrepresentations came in the form of testimony from Ranger Nyman. Nyman's testimony established that she differentiated between "camp" and "camp permit." She also differentiated between whether one was measuring the distance by hiking or going on horseback, as opposed to how the "crow flies." Nyman testified that the distance between the two camps was six or seven miles "from camp to ridge," and that the distance from "camp to day-use boundary is about 36 miles if you go on a road." Referring to the map that was used at the hearing, the distance from "camp" to "camp" appears to be about 18.5 miles as the "crow flies." Nyman's testimony appears to go to the closest possible distance that Clark might have been to Amerine's camp. Clark's testimony appears to go to the distance between the two camps. The record does not reflect how close to the Amerine camp Clark actually did work. Our conclusion is, once again, that the record simply does not contain substantial evidence to support the Board's conclusion that Clark made a material misrepresentation (or omission) in this regard.
[ ] Finally, the Board found that Clark, during a routine license check being made by Game and Fish Warden Hyde and Ranger Nyman, acted in such a manner as to intend to "harass and/or intimidate U.S. Forest Service and Wyoming Game and Fish officers." Further, the Board found that Clark's conduct that day constituted "unethical or dishonorable conduct ... for failing to cooperate with State and Federal wildlife officials." We first note that Nyman's role on the day in question was that of observer, and she had no direct contact with Clark, and that Hyde was the individual executing the routine license check. One of Nyman's observations was that Clark became visibly angry during the check and that she observed one of Clark's horses stepping on Hyde's foot. Hyde testified that he stopped Clark and his two hunters to do license checks. In very close proximity were Hyde, Nyman, Clark, Clark's pick-up and horse trailer, two hunters, and three horses. Hyde could tell that Clark was angry, so he ignored Clark and approached the hunters to check their licenses. During this process, Clark was moving horses into the horse trailer, and Hyde could tell that Clark jerked on one horse's head. The horse "braced and threw his head up. And as he braced, his foot hit [Hyde's] foot. He didn't step on [Hy
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