Wyo. Code R. 037-0001-6
Engineers & Land Surveyors, Professional Licensing
Chapter 6: Procedure for Application, Licensure and Disciplinary Matters
Effective Date: 12/03/2025 to Current
Rule Type: Current Rules & Regulations
Reference Number: 037.0001.6.12032025
(a) Incomplete Applications.
(i) An application is “incomplete” when material requisite information has not been provided as part of the application process. Such information may include, but is not limited to:
(A) Failure by the Applicant to complete or provide any information requested on the application form;
(B) Failure by the Applicant to demonstrate lawful presence in accordance with law;
(C) Failure by the Applicant to respond to any Board staff or ARC inquiry or to produce any documents or information requested by Board staff or the ARC; or
(D) Failure by the Applicant to provide application fees.
(ii) An incomplete application will not be reviewed by an ARC until the Applicant submits all required information and documentation.
(iii) Incomplete applications shall be dismissed after six (6) months unless tabled.
(b) Application Review and Investigation. In application matters:
(i) Every Applicant bears the burden of satisfying license requirements;
(ii) Every application for a license issued by the Board is subject to investigation to determine whether the requirements set forth in the Act and Board Rules are satisfied; and
(iii) The ARC may meet informally with the Applicant.
(c) ARC Action. The ARC may recommend:
(i) An application be tabled until deficiencies are resolved;
(ii) A license be issued, renewed, reactivated, or reinstated;
(iii) A license be issued, renewed, reactivated, or reinstated subject to conditions, restrictions, or other disciplinary action;
(iv) Approval of a settlement agreement, which may include the issuance, renewal, reactivation, or reinstatement of a license with the imposition of a reprimand, conditions, restrictions, suspension, other discipline or a combination thereof; or
(v) Denial of the application.
(d) Notice of Intent to Recommend Issuance of License Subject to Conditions, Restrictions, Other Disciplinary Action or Denial of an Application.
(i) The ARC or Audit Committee shall notify the Applicant of its intent to recommend:
(A) Issuance of the license subject to conditions, restriction, or other disciplinary action; or
(B) Denial of the application.
(ii) The Notice of Intent shall contain:
(A) A brief description of the facts or conduct which warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action;
(B) A statement of the nature of the actions which warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action and a citation to the applicable statutory provisions in the Act and/or the Board rules; and
(C) Notice of the right to a hearing if a written request is received by the Board office within thirty (30) days of the date of mailing the Notice of Intent.
(e) Applicant’s Response. The Applicant shall respond to the Notice of Intent within thirty (30) days of the date of the Notice of Intent. The Applicant may:
(i) Request the Board hold a hearing on the ARC or Audit Committee’s recommendation;
(ii) Request the Board table consideration of the application;
(iii) Withdraw the application; or (iv) Request inactivation.
(f) If the Applicant fails to timely respond to the Notice of Intent, the Board shall dismiss the application.
(a) Petition for Modification of Conditions or Restrictions.
(i) Licensees may petition the Board for modification of the conditions or restrictions imposed upon their license. A Licensee shall submit a petition for modification to the Board office in writing, which shall include documentation demonstrating compliance with the Board order and the modification is sufficient to ensure the public is adequately protected.
(ii) A petition for modification shall be reviewed by the IC.
(b) Investigative Committee Action.
(i) If the IC agrees with the requested modification, the parties may file a stipulated motion with the Board.
(ii) If the IC does not agree with the requested modification, the IC shall notify the Licensee of its intent to recommend denial of the petition.
(c) Board Consideration. The Board may accept or reject the petition for modification and shall consider the petition and the IC’s recommendation or stipulated motion.
(a) Complaint Review and Investigation.
(i) Complaints shall be in writing, signed, and submitted to the Board on the form provided by the Board. Board staff may initiate complaints.
(ii) Complaints shall be investigated by one or more of the following: IC, Board staff, and/or investigators.
(iii) IC may meet informally with the Licensee.
(b) Voluntary Surrender. Licensees may petition the Board, in writing, to voluntarily surrender their license. The Board shall hold an expedited meeting at its earliest convenience to consider the petition. The Board may accept or reject the petition for voluntary surrender and may consider whether the Licensee is under investigation.
(c) Investigative Committee Action. The IC may recommend:
(iv) Approval of a settlement agreement, which may include a reprimand, conditions, restrictions, non-renewal, suspension, voluntary surrender, other discipline or a combination thereof;
(v) Disciplinary action which may include a reprimand, conditions, restrictions, non-renewal, suspension, revocation, other discipline or a combination thereof; and/or
(vi) Summary suspension.
(a) Recommendation. If the IC recommends summary suspension, the Board shall conduct an expedited meeting to determine whether the Licensee's continued practice presents a clear and imminent danger to public health, safety or welfare.
(b) Notice of Intent to Recommend Summary Suspension.
(i) The IC shall notify the Licensee of its intent to recommend summary suspension.
(ii) The Notice of Intent shall contain:
(A) Copy of the complaint;
(B) Notice that an expedited summary suspension meeting shall be set at the earliest opportunity a quorum of Board members may be assembled; and
(C) Statement that failure to appear at the meeting may result in default.
(c) Notice of Expedited Meeting. Board staff shall notify the Licensee in writing of the date and time of the expedited summary suspension meeting.
(a) Notice of Intent of Recommended Disciplinary Action.
(i) The IC shall notify the Licensee of its intent to recommend disciplinary action.
(ii) The Notice of Intent shall:
(A) Include a brief description of the facts or conduct which warrant the intended action; and
(B) Provide the Licensee an opportunity to show compliance or respond to allegations for disciplinary action within fifteen (15) days of the date of the mailing.
(b) Informal Conference. The Licensee may request an informal conference with the IC to provide any additional information or to resolve a complaint without a hearing.
Section 6. Petition. The IC shall initiate formal proceedings for disciplinary action by serving a Petition to the last known address of the Licensee by regular mail.
(a) Timing. Board staff shall serve a Notice of Hearing upon the Applicant or Licensee at least (30) days prior to the hearing.
(b) Hearing. Upon receipt of a written request for hearing from an Applicant or commencement of formal proceedings for disciplinary action against a Licensee, the Board shall conduct a hearing. Board staff shall serve a Notice of Hearing on the Applicant or Licensee.
(c) Notice of Hearing. The Notice of Hearing shall contain:
(i) The name and last known address of the Applicant or Licensee;
(ii) A brief statement of the matters asserted:
(A) In application matters, the recommendation to deny the application, the facts upon which the recommendation to deny is based, the statutory provisions and/or the Board Rules the Applicant is alleged to have violated; or
(B) In discipline matters, the nature of the Petition, the facts upon which the Petition is based, the statutory provisions and/or the Board Rules the Licensee is alleged to have violated;
(iii) The time, place, and nature of the hearing;
(iv) The legal authority and jurisdiction; and (v) A statement indicating:
(A) The Applicant's failure to appear at a noticed hearing or pursue proceedings may result in a dismissal; or
(B) The Licensee's failure to answer the allegations contained in the Petition within twenty (20) days of the date of mailing and failure to appear at a noticed hearing may result in a default judgment.
Section 8. Lawful Service. There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these Board rules if sent by regular mail to the last known address of the Applicant or Licensee.
Section 9. Default. The Board may enter an order of default judgement based on the allegations contained in the Petition in any case where the Licensee or the Licensee's representative has not answered the allegations contained in the Petition and has not appeared at a noticed hearing.
Section 10. Contested Case Hearing. The hearing officer shall preside over the contested case hearing which shall be conducted pursuant to the Wyoming Administrative Procedures Act and the Office of Administrative Hearings rules concerning contested case proceedings incorporated by reference in Chapter 1.
(a) Application Matters. Applicants shall bear the burden to prove by a preponderance of evidence that they meet the qualifications for licensure. The burden shall shift to the ARC or IC to prove by clear and convincing evidence that Applicants should be denied an unrestricted license. Applicants shall bear the burden to persuade the Board that the ARC or IC's grounds for denial are insufficient.
(b) Licensure Matters. Licensees shall bear the burden to prove by a preponderance of evidence that the petition for modification should be granted.
(c) Discipline Matters. The IC shall bear the burden to prove by clear and convincing evidence that Licensees violated the Act or the Board Rules.
(a) Board Action. The Board may resolve an application matter, complaint, or Petition by:
(i) Approving the recommendations of the ARC or IC; or (ii) Conducting a contested case hearing. Following the hearing and deliberation of all evidence admitted at a contested case hearing, the Board may:
(A) Issue, renew, reactivate, relicense, or reinstate a license;
(B) Issue, renew, reactivate, relicense, or reinstate a license with conditions, restrictions, or other disciplinary action;
(C) Deny a license, renewal, reactivation, relicensure, or reinstatement;
(D) Dismiss the complaint or Petition due to lack of clear and convincing evidence;
(E) Issue a notice of warning;
(F) Impose a reprimand, conditions, restrictions, suspension, revocation, other discipline, or combination thereof; and/or
(G) Impose civil penalties.
(b) Board Order. The Board shall issue a written decision. The Board Order shall be sent to the Applicant, Licensee, or their representative by regular mail to the last known address. The Board may publish the order.
(a) Appeals from decisions of the Board are governed by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.
(b) Costs of transcripts and any reasonable costs assessed by the Board regarding the record on appeal shall be borne by the party making the appeal. A party making an appeal shall reimburse the Board for the cost of any Hearing transcripts the Board has purchased.