(a) Upon receiving a request for a record review, the Department shall issue an order granting a probationary license, for one suspension action in a 5 year period, if: - (i) The person holds a permanent driver's license that is not expired and is otherwise eligible for a probationary license, pays the required fee; and
- (ii) When required, the person files and maintains an SR-22 for a 3-year period. An SR-22, when required, shall be on file with the Department before a probationary license is issued. The probationary license shall be canceled if the Department receives an SR-26.
- (iii) When required, the person shall submit a current alcohol and/or controlled substance evaluation by a counselor certified by the Wyoming Department of Health, Substance Abuse Division. The evaluation shall recommend, at a minimum, an alcohol and drug class that meets the Wyoming Substance Abuse Standards. The probationary license shall be issued when the person is enrolled in a class to be completed no later than 30 days after the start date of the suspension and/or upon proof the class was completed successfully. Instead of the class, the counselor may recommend more extensive treatment. If treatment is recommended, the person shall submit proof of current enrollment and satisfactory progress in an alcohol and/or controlled substance treatment program since the last known incident.
- (iv) Upon receiving an adverse counselor's report, the Department shall deny or cancel the probationary license.
(b) The order granting a probationary driver's license shall include the following information, terms, and conditions: - (i) The starting and ending dates for which the probationary license is valid; and
- (ii) The days, times, and reasons when the person is authorized to drive. An applicant shall pay an additional fee for any probationary license that must be changed or reissued because of his or her need to drive for circumstances not contained in the original application.
- (iii) The probationary license and the order shall be carried by the person at all times when operating a motor vehicle.
- (iv) Conviction for violating any traffic law, other than for parking, shall result in the immediate cancellation of the probationary license without further hearing.
(c) The Department shall issue a probationary license upon receiving an order from the Office of Administrative Hearings if the person is otherwise entitled to hold such a license and all fees have been received.
045-1 Wyo. Code R. § 1-20