Wyo. Code R. 018-0001-2
Real Estate Appraiser Board
Chapter 2: Practice and Procedure
Effective Date: 10/31/1996 to 12/18/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 018.0001.2.10311996
Section 1. Authority. These Rules are promulgated in accordance with the Administrative Procedure Act (W.S. 16-3-101 through 16-3-115; the APA) and under authority of W.S. 33-39-105(a) and 33-39-124.
Section 2. Complaints. All complaints against a permittee shall be filed with the Board in writing, sworn to before a notary public, and should contain:
(a) Upon receiving a complaint, the Board may request the assistance of the Real Estate Commission director to investigate the matter. A letter of inquiry may be sent to the permittee named, requesting a response within a reasonable time of the mailing date. Upon receipt of the response, or expiration of the response period, the director of the Real Estate Commission shall review the complaint and the response to make recommendations and furnish information to the Board.
(b) Following review of a complaint and the director's recommendations, the Board may take any appropriate action, including:
Section 4. Service of Notice and Opportunity to Show Compliance. Prior to institution of proceedings by service of a formal complaint, the Board shall give notice by mail to the permittee of the facts or conduct which warrant the intended action and give permittee an opportunity to show compliance with all lawful requirements for retention of the permit within
ten (10) days of receipt of the notice.
Section 5. Service of Formal Complaint. The complaint shall be served by mail or by personal service at least thirty (30) days prior to the date set for hearing to the permittee's last known address. There shall be a presumption of lawful service when a properly addressed envelope is sent to the permittee showing that it had been sent by regular, registered, or certified mail and has been returned marked 'undelivered, unclaimed or refused.'
Section 6. Docket. A contested case shall be assigned a number when a complaint is filed with the Board. A separate file shall be established for each docketed case, in which shall be systematically placed all papers, pleadings, documents, transcripts, evidence and exhibits.
Section 7. Answer or Appearance. The permittee shall file an Answer or Notice of Appearance, which shall be received by the Board at least ten (10) working days prior to the date set for hearing in the matter.
Section 8. Default in Permittee Answering or Appearing. In the event of the failure of a permittee to answer or otherwise appear within the time allowed, a default may be entered and the allegations as set forth in the complaint shall be taken as true and an order of the Board entered accordingly.
Section 9. Discovery. In all contested cases coming before the Board, the taking of depositions and discovery shall be available to the parties.
Section 10. Subpoenas. Subpoenas for appearance and to produce testimony, books, papers, documents, or exhibits may be issued by the Board or hearing officer on behalf of any party to the contested case.
Section 11. Contested Case Hearing. All issues and matters set forth in the complaint shall be presented to the Board. A permittee may be represented by an attorney, licensed to practice law in the state of Wyoming or otherwise associated at the hearing with an attorney licensed to practice law in this state.
Section 12. Hearing Officer. The Board may contract with a hearing officer to assist and advise the Board in the conduct of a hearing and the preparation of recommended findings of fact, conclusions of law and order.
Section 13. Order of Procedure. As nearly as may be, hearings shall be conducted in accordance with the following order of procedure:
(a) The Board or hearing officer shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard, and thereupon the Board or hearing officer shall incorporate all pleadings into the record and shall note for the record all subpoenas issued and all appearances of record;
(b) Opening statements may be made;
(c) All persons testifying at the hearing shall be administered the standard oath;
(d) The attorney or representative of the state shall thereupon proceed to present the state's evidence. Witnesses may be cross-examined by the permittee or attorney if represented. Redirect examination may be permitted;
(e) The permittee shall be heard in the same manner as the state's evidence. The state shall have the opportunity of cross-examination and redirect examination may be permitted;
(f) The Board and hearing officer shall retain the right and opportunity to examine any witness upon the conclusion of all testimony offered by a particular witness;
(g) Closing statements, at the conclusion of the presentation of evidence, may be made by parties or attorneys. A rebuttal statement may be made by the state. The time for oral argument may be limited by the Board or hearing officer; and
(h) After all proceedings have been concluded, the Board or hearing officer shall dismiss and excuse all witnesses and declare the hearing closed. Any party who may wish or desire to tender written briefs of law unto the Board may do so. The Board may take the case under advisement and shall declare unto each of the parties that the decision of the Board shall be announced within due and proper time following consideration of all the matter presented at the hearing.
Section 14. Attorneys. The filing of an answer or other appearance by an attorney constitutes an appearance for the party for whom the pleading is filed. The Board and all parties shall be notified in writing in any withdrawal. Any person appearing before the Board at a hearing in a representative capacity shall be precluded from examining or cross-examining any witness unless the person is an attorney licensed to practice law in this state, or associated with an attorney licensed to practice law in this state. This rule shall not be construed to prohibit any permittee from representing themselves in any hearing before the Board, but any permittee appearing in their own behalf shall not be relieved of abiding by all rules established for the hearing proceedings.
Section 15. Attorney General to be Present. In all hearings held upon formal action brought before the Board, a representative of the Office of the Attorney General of Wyoming shall appear on behalf of the state, and shall present all evidence, testimony and legal authority in support of the Notice and Complaint to be considered by the Board.
Section 16. Record of Proceedings. When the revocation or suspension of any permit is the subject for hearing, it shall be regarded as a contested case and the proceedings, including all testimony, shall be reported verbatim by a court reporter or other adequate recording device.
Section 17. Decision, Findings of Fact and Conclusions of Law and Order.
(a) The Board shall, with the assistance of the hearing officer, following the full and complete hearing, make and enter a written decision and order containing findings of fact and conclusions of law. The decision and order shall be filed with the Board and shall, without further action, become the decision and order as a result of the hearing.
(b) No member, staff or agent of the Board who participated or advised in the investigation or presentation of evidence at the hearing shall participate or advise in the decision.
(c) Upon entry and filing, the Board shall mail copies of the decision to each permittee and attorneys of record.
Section 18. Appeals to District Court. Appeals from Board decisions shall be taken to the district court having jurisdiction and proper venue in accordance with applicable statutes and the Wyoming Rules of Appellate Procedure.
Section 19. Transcript in Case of Appeal. In the case of an appeal to the district court, the appellant shall pay and arrange for the transcript of the testimony. The transcript shall be verified by the oath of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case.
| Section 1 | Authority | 2-1 |
|---|---|---|
| Section 2 | Complaints | 2-1 |
| Section 3 | Review of Complaint | 2-1 |
| Section 4 | Service of Notice and Opportunity to Show Compliance | 2-2 |
| Section 5 | Service of Formal Complaint | 2-2 |
| Section 6 | Docket | 2-2 |
| Section 7 | Answer or Appearance | 2-2 |
| Section 8 | Default in Permittee Answering or Appearing | 2-2 |
| Section 9 | Discovery | 2-2 |
| Section 10 | Subpoenas | 2-2 |
| Section 11 | Contested Case Hearing | 2-2 |
| Section 12 | Hearing Officer | 2-2 |
| Section 13 | Order of Procedure | 2-3 |
| Section 14 | Attorney | 2-3 |
| Section 15 | Attorney General to be Present | 2-4 |
| Section 16 | Record of Proceedings | 2-4 |
| Section 17 | Decision, Findings of Fact and Conclusions Of Law and Order | 2-4 |
| Section 18 | Appeals to District Court | 2-4 |
| Section 19 | Transcript in Case of Appeal | 2-4 |