Wyo. Code R. 018-0001-2
Effective Date: 10/25/2013 to 02/12/2014
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 018.0001.2.10252013
CERTIFIED REAL ESTATE APPRAISER BOARD
and HEARING PROCEDURES
EMERGENCY RULES ARE NO LONGER IN EFFECT 120 DAYS AFTER FILING WITH
(a) Upon receipt of a complete application submitted by an applicant who holds a current permit to practice at the level of certification applied for issued by another jurisdiction, the Board Office shall review the application and if it is complete and there are no known grounds for denial of the requested permit, the Board office may issue the permit. If there are grounds for denial reasonably apparent on the face of the completed application, the Board office shall forward the application to the Application Review Committee (ARC).
(b) Upon receipt of a complete application submitted by an applicant who does not hold a current permit at the level of certification applied for (new applicant), the Board office shall forward the application to the ARC.
(c) The ARC shall review the applications it receives and for new applicants conduct or arrange for a USPAP Standard 3 review of appraisal reports selected from the submitted appraisal log.
(d) Following the review the ARC may:
(i) Approve the application if the applicant meets all requirements; or
(ii) If either the application or the Standard 3 review raises questions as to whether denial is appropriate, forward the application and the ARC report to the Assistant Attorney General assigned to the Board for prosecution for review.
(e) If after review the ARC, following consultation with the Assistant Attorney General, concludes that grounds exist to recommend denial of an application.
(i) A preliminary denial letter shall be sent to applicant. The letter shall:
(A) State the basis for the denial including relevant statutes and rules; and
(B) Advise the applicant of the right to request reconsideration.
(ii) If the applicant fails to request reconsideration in writing within thirty (30) days of the date of the preliminary denial letter, the preliminary denial becomes final.
(iii) If the applicant requests reconsideration within thirty (30) days, a reconsideration conference shall be held with the ARC, the Assistant Attorney General, and the applicant.
(iv) Following a reconsideration conference, the ARC shall either approve or deny the application and notify the applicant.
(v) If denied, the applicant must submit a written request for a hearing before the Board within thirty (30) days of the date of the denial letter or the denial is final.
(i) An application denial hearing is a formal contested case hearing conducted pursuant to the Wyoming Administrative Procedure Act.
(ii) The applicant has the burden of proving that he/she meets all requirements for the permit requested.
(g) The ARC may attend hearings, but shall not take part in the consideration of any contested case.
(a) A disciplinary action is initiated against a permit holder by submitting a sworn written complaint to the Board office. A complaint concerning an alleged violation of the Act or Board Rules may be submitted by any person or entity, a Board member or member of the Board staff. The sworn written complaint should provide as much of the following information as may be available and applicable:
(i) The name and address of the complainant;
(ii) The name, address, place of employment, and telephone number of the permit holder against whom the charges are made;
(iii) The specific conduct alleged to constitute the violation;
(iv) The name and address of any other witnesses; and
(v) The signature of the complainant.
(a) Sworn written complaints shall be sent to the permit holder complained against and be referred to the investigator for the Board, the Assistant Attorney General, and a liaison selected by Board staff. The liaison, following consultation with the investigator and Assistant Attorney General, shall determine whether the complaint merits further investigation. If the complaint does not evidence conduct which violates the Act or Board Rules, it does not merit further investigation and the liaison shall dismiss it. If the complaint merits further investigation, the permit holder against whom the complaint was filed will be advised of the investigation, the names of the investigator and the liaison, the nature of the complaint, and given an opportunity to respond to the complaint.
(i) The liaison shall not take part in the consideration of any contested case.
(ii) The liaison shall not, by this rule, be barred from attending any disciplinary hearing.
Section 5. Investigations and Board Action. The investigator for the Board shall investigate those sworn written complaints received which the liaison has determined merit further investigation.
(a) Upon completion of the investigation, the investigator for the Board shall prepare an investigative report and submit it to the liaison.
(i) The report shall include:
(A) The findings;
(B) A list of statutes and/or Board rules believed to have been violated;
and
(C) Any relevant additional information.
(b) The liaison shall review the investigative report, forward the report and his/her recommendations to the Assistant Attorney General assigned to the Board for prosecution, and consult with the Assistant Attorney General.
(c) Following consultation with the Assistant Attorney General, the liaison may:
(i) Send the notice required by Section 6;
(ii) Prepare and file a formal petition and notice of hearing setting the matter for a contested case hearing before the Board;
(iii) Recommend the Board accept an offer of conditional terms for settlement, which may include educational courses;
(iv) Dismiss the complaint.
(d) The Board may resolve a complaint at any time by:
(i) Accepting a voluntary surrender of a permit;
(ii) Accepting conditional terms for settlement;
(iii) Dismissal.
(a) Prior to commencement of a formal hearing, the liaison shall give notice by mail to the permit holder of the facts or conduct which warrant his/her intended action. The notice shall give the permit holder an opportunity to show compliance with all lawful requirements for retention of the permit within twenty (20) days of the mailing of the notice. Such notice shall be sent to the permit holder's last known address both by certified mail with return receipt requested and by first class mail. Service shall be deemed complete when mailed.
(a) Formal proceedings for a hearing before the Board regarding a denied application or an action against a permit holder shall be commenced by notice of hearing for applicants or petition and notice of hearing for permit holders, served in person, or by both certified mail and first class mail sent to the address last known by the Board at least thirty (30) days prior to the date set for the hearing. The petition and notice shall contain at least:
(i) The name and address of the applicant or permit holder;
(ii) A statement, in ordinary and concise language, of the reasons for denial or the nature of the complaint filed with the Board, the facts upon which the denial or complaint is based, as well as the specific statute(s) or Board rules and regulations alleged to have been violated;
(iii) The time, place, and nature of the hearing;
(iv) That the hearing is being held pursuant to the authority provided by W.S. 33-39-118 or W.S. 33-39-124; and
(v) The applicant or permit holder shall file an Answer or Notice of Appearance, which must be received by the Board at least ten (10) working days prior to the date set for hearing, or the applicant or permit holder will be in default.
Section 7. Default. The Board may enter an order based on the allegations in a notice of hearing or petition and notice of hearing in any case where the applicant or permit holder has not answered or appeared in writing ten (10) working days before the hearing, or in any case in which the applicant or permit holder or his/her representative has not appeared at a scheduled hearing for which they had notice.
(a) The Office of Administrative Hearings shall act as the hearing officer and shall preside over the formal contested case hearing which shall be conducted pursuant to the Wyoming Administrative Procedure Act and the Office of Administrative Hearings' rules concerning contested case proceedings.
(b) At the Board's discretion, contested case hearings shall either be conducted in the presence of a quorum of Board Members or a committee of one (1) or more Board Members.
(c) During the formal contested case hearing, Board Members may ask questions of the witnesses and/or the parties including their attorneys.
(d) A court reporter shall be present during the hearing and report the entire proceeding.
(a) Proposed Decisions:
(i) At the discretion and direction of the Board, the parties may file proposed findings of fact, conclusions of law, and order after the hearing and before the deadline announced in the hearing's closing announcements.
(ii) At the discretion and direction of the Board, the hearing officer or the Assistant Attorney General assigned to advise the Board shall prepare proposed findings of fact, conclusions of law, and order following deliberations by the Board or its committee.
(b) Final Decisions. Proposed decisions will be given consideration but are not binding upon the Board. All final decisions will be issued by the Board and shall be based exclusively upon the evidence in the record and matters officially noticed. All final decisions issued by the Board shall be served to all parties by first class mail sent to their last known address.
Section 10. Appeals. A Petition for Judicial Review of the Board decision may be filed in the district court in accordance with the Wyoming Rules of Appellate Procedure.
Section 11. Transcripts. If a Petition for Judicial Review is filed in the district court, the petitioner shall either arrange the preparation and pay for the transcript of the testimony, or reimburse the Board for the cost of the transcript if previously prepared at Board expense.