Title 27, Chapter 2, Section 25.1
(a) The General Assembly has heretofore found and declared that
hunting is a privilege to be exercised only in accordance with the
law granting such privilege. The General Assembly now specifically
finds and declares that while the act of hunting is an enjoyable and
beneficial form of recreation, it can be dangerous not only to the
hunter himself but also to other persons if due care is not
exercised. Therefore, the General Assembly declares that all
persons who refuse or fail to exercise such due care may have their
hunting privileges suspended as provided in this Code section.
(b) Any person engaged in the act of hunting who by the use of a
weapon kills or injures another person or persons, whether or not
such other person or persons are likewise engaged in the act of
hunting, shall notify the department or any appropriate law
enforcement officer who shall then notify the department immediately
after such occurrence. Any person who fails so to notify the
department or such law enforcement officer shall be guilty of a
(c) Upon notification of such a death or injury, whether by the
hunter or by some other person, the department shall immediately
initiate an investigation of such incident and submit a report to
the commissioner. If the commissioner determines culpable
negligence on the part of the person causing the death or injury and
that such negligence was the proximate cause of such death or
injury, the commissioner may suspend that person's hunting
privileges for a specified period of time not to exceed ten years.
Any such determination to suspend shall be subject to review as
provided for in this Code section. When the commissioner shall
decide to suspend said person's hunting privileges, the commissioner
must notify such person of said suspension and of his right to a
hearing to contest the commissioner's determination. The
notification from the commissioner to the person whose license is
being suspended shall be by certified mail with return receipt
requested; or, in lieu thereof, notice may be given by personal
service upon such person. Upon such notice, any such hunting
privileges shall be revoked by such notice and such person shall
surrender his or her hunting license, if any, to the department
within ten days of such notification. For the purposes of this
chapter, notice given by certified mail with return receipt
requested mailed to the person's last known address shall be
prima-facie evidence that such person received the required notice.
(d) The person so notified may request an administrative hearing before an administrative law judge appointed by the board within 30 days of receipt of the notice. If no hearing is requested within the 30 day period, the right to a hearing shall have been waived and the hunting privileges of the person shall stand suspended as prescribed by the commissioner's notice. If, following the administrative hearing, there is a determination that such person was negligent and that such negligence was the proximate cause of the death or injury, the hunting privileges of such person may be suspended for a period of up to ten years. The period of time that such privileges are suspended shall be commensurate with the degree of negligence and the severity of the injury. If there is a determination of no negligence or that the negligence was not the proximate cause of the death or injury, the person's hunting privileges shall be restored. The provisions of Code Section 27-2-27 shall not be applicable to a suspension under this Code section.
(e) Any person whose hunting privileges have been suspended under this Code section and who engages in the act of hunting during such period of suspension shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than 12 months, or both. Any person whose hunting privileges have been suspended under this Code section shall complete a course of instruction in competency and safety in hunting and in the handling of weapons provided for in Code Section 27-2-5 prior to any subsequent exercise of his hunting privileges.
(f) As used in this Code section, the term:
(1) "License" means any and all licenses, permits, or stamps as
required by law for hunting in this state.
(2) "Hunting privileges" means the exercise of the privilege of
hunting whether such privilege is bestowed by license or
(3) "Suspend" means the suspension or revocation of any existing
license or hunting privileges and the suspension or revocation of
the privilege of obtaining any new license or hunting privileges.
(g) The hearing before an administrative law judge and any judicial
review shall be conducted in accordance with Chapter 13 of Title 50
and applicable rules and regulations of the board.
(h) The proceedings provided for by this Code section shall be in
addition to and not in lieu of any civil or criminal action or
actions provided for by law and the final decision of this
proceeding shall not constitute res judicata as to any such civil or
criminal action or actions and shall not be admissible as evidence
in any such civil or criminal action or actions.