Wyo. Code R. 018-0002-8
Effective Date: 11/18/2020 to Current
Rule Type: Current Rules & Regulations
Reference Number: 018.0002.8.11182020
APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES
(a) Upon receipt of a completed application, the Commission office shall review the application and, if it is complete and there are no known grounds for denial of the license requested, issue the license. If there are known grounds for denial, the Commission office shall forward the application to the Application Review Committee (ARC). An application shall be deemed “complete” when all necessary documentation is received by the Commission office and all fees paid in accordance with Chapter 1 of these rules.
(b) The ARC shall consist of, but is not limited to, the following members:
(c) The ARC shall review the application and all other information made available by the applicant. Following the review, the ARC may:
(d) If, after further review, and following consultation with the Attorney General, the ARC concludes that grounds exist to recommend denial of an application:
(i) A preliminary denial letter, delivered by post or email, shall be sent to applicant by the ARC or a representative of the ARC. The letter shall:
(A) State the basis for the recommendation to deny citing relevant statutes and rules; and
(B) Advise the applicant of the right to request a reconsideration conference that may be held in person or via video or phone teleconference.
(ii) If the applicant fails to request a reconsideration conference 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 of the date of the preliminary denial recommendation letter, a reconsideration conference shall be held with the ARC and the applicant.
(iv) Following the reconsideration conference, the ARC shall either recommend approval or denial of the application to the Commission and notify the applicant of their recommendation. Notice shall be provided by letter delivered by post or email no more than fourteen (14) days after the reconsideration hearing was held.
(v) If an application denial is recommended, the applicant may submit a written request for a formal contested case hearing before the Commission within thirty (30) days of the date of the letter of notice. If the applicant does not provide a written request for a formal contested case hearing, the ARC’s recommendation to deny the application 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 license requested.
(f) 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 licensee by submitting a sworn written complaint to the Commission office. A complaint concerning an alleged violation of the Act or Commission Rules may be submitted by any person or entity, a Commission member, or a member of the Commission 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 licensee 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 notarized signature of the complainant.
Section 3. Review of Sworn Written Complaint. Sworn written complaints shall be referred to and reviewed by the Commission Investigator and one Commissioner, a Liaison Commission Member (LCM) selected by Commission staff from a rotating schedule.
(a) The LCM shall not take part in the consideration of any disciplinary contested case hearings related to the matter of the sworn written complaint.
(b) The LCM shall not, by this rule, be barred from attending any disciplinary hearing.
Section 4. Investigations and Commission Action. The LCM and Commission staff shall investigate those written complaints received which merit further investigation. During an investigation, license holders against whom charges are made shall be advised of the charges, the investigation initiated, the name of the LCM, and the nature of the complaint.
(a) Upon completion of the investigation, the investigator for the Commission shall prepare an investigative report and submit it to the LCM.
(i) The report shall include:
(A) The findings of fact;
(B) A list of statutes and/or Commission rules possibly violated; and
(C) Any relevant additional information and/or documentation.
(b) The LCM shall review the investigative report and forward the report with recommendations to the appropriate Attorney General prosecuting attorney.
(c) Following consultation with the Attorney General, the LCM may:
(i) Send the notice required by Section 5 of this chapter;
(ii) Prepare and file a formal petition and notice of hearing setting the matter for a contested case hearing before the Commission;
(iii) Recommend the Commission accept an offer of conditional terms for settlement, which may include completed educational courses;
(iv) Recommend the Commission dismiss the complaint.
(d) The Commission may resolve a complaint at any time by:
(i) Accepting a voluntary surrender of a license;
(ii) Accepting conditional terms for settlement;
(iii) Dismissal.
(e) All discipline ratified by the Commission shall be published in the Commission newsletter following the date of formal action. Published information shall include:
(i) Licensee name and license number
(ii) Statute and rules violated
(iii) Terms of settlement
Section 5. Service of Notice and Opportunity to Show Compliance. Prior to commencement of a formal contested case hearing, the LCM shall give notice by mail to the licensee of the facts or conduct which warrants his/her intended action. The notice shall give the licensee an opportunity to show compliance with all lawful requirements for retention of the license within twenty (20) days of the mailing of the notice. Such notice shall be sent to the licensee’s last known address both by certified mail with return receipt requested and by first class mail.
Section 6. Default. The Commission may issue a disciplinary order based on the allegations presented in a notice of hearing or in a petition and notice of hearing in any case whereby:
(a) The applicant or licensee has not answered ~~or~~ nor responded in writing within fourteen (14) days before the hearing, or
(b) The applicant or licensee or his/her representative has not appeared at a scheduled hearing for which notice was provided.
(a) When required, Formal Contested Case Hearings shall be held in accordance with rules administered by the Office of Administrative Hearings.
(b) Any code, standard, rule or regulation incorporated by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this section.
(c) Each rule incorporated by reference is further identified as follows:
(i) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at https://sites.google.com/a/wyo.gov/rec/real-estate-professionals/rules-and-regulations.