(a) Upon receipt of a completed application, the Staff shall review the application and if it is complete and, if there are no grounds for denial, issue the license. If grounds for denial exist, the Staff shall forward the application for review by the Prosecuting Attorney.
(b) The Prosecuting Attorney shall review the application and all other information available and following the review shall: - (i) Recommend approval of the application; or
- (ii) Recommend the application be forwarded to the ARC for review.
(c) If, after review, the ARC recommends denial of an application: - (i) A preliminary denial letter shall be sent to the 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 preliminary denial letter, the preliminary denial becomes final.
- (iii) If the applicant requests reconsideration within thirty (30) days, an informal reconsideration conference shall be held between the ARC, the Prosecuting Attorney, and the applicant.
- (iv) Following the informal reconsideration conference, the ARC shall either approve or deny the application.
- (v) If denied, the applicant must submit a request in writing for a hearing within thirty (30) days of the date of the denial letter.
- (vi) If the applicant fails to request a hearing in writing within thirty (30) days of the date of the denial letter, the denial becomes final.
(d) Application denial hearings. - (i) An application denial hearing is a formal contested case hearing conducted before the Office of Administrative Hearings (OAH) pursuant to the Wyoming Administrative Procedure Act W.S. § 16-3-107 through -113 and Office of Administration Rules.
- (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.
Amended, Eff. 12/19/2018.