Wyo. Code R. 018-0002-8
Effective Date: 05/12/2015 to 04/16/2018
Rule Type: Superceded Rules & Regulations
Reference Number: 018.0002.8.05122015
(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).
(b) The ARC shall review the application and all other information available and following the review may:
(i) Approve the application if the applicant meets all requirements; or
(ii) If there are questions as to whether denial is appropriate, forward the application and the ARC report to the Assistant Attorney General assigned to the Commission for prosecution for review.
(c) If, after review, and following consultation with the Assistant Attorney General, the ARC 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 shall submit a written request for a hearing before the Commission within thirty (30) days of the date of the denial letter or the denial is final.
(d) Application denial hearings (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.
(e) 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 signature of the complainant.
(a) Sworn written complaints shall be referred to an Liaison Commission Member (LCM) selected by Commission staff from a rotating schedule. License holders against whom charges are made will be advised of the investigation, the name of the LCM, and the nature of the complaint.
(i) The LCM shall not take part in the consideration of any contested case.
(ii) The LCM shall not, by this rule, be barred from attending any disciplinary hearing.
The LCM and Commission staff shall investigate those written complaints received which merit further investigation.
(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;
(B) A list of statutes and/or Commission rules believed to have been violated; and
(C) Any relevant additional information and/or documentation.
(b) The LCM shall review the investigative report, forward the report and his/her recommendations to the Assistant Attorney General assigned to the Commission for prosecution, and consult with the Assistant Attorney General.
(c) Following consultation with the Assistant Attorney General, the LCM may:
(i) Send the notice required by section 5;
(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 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.
Section 5. Service of Notice and Opportunity to Show Compliance. Prior to commencement of a formal 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 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 licensee has not answered or appeared in writing ten (10) working days before the hearing, or in any case in which the applicant or licensee or his/her representative has not appeared at a scheduled hearing for which he had notice.
(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 October 17, 2014, found at https://sites.google.com/a/wyo.gov/rec/real-estate-professionals/rules-and-regulations.