(a) Upon receipt of a completed application, the Board Office shall review the application and if it is complete and, if there are no known grounds for denial of the license or examination requested, issue the license or approve candidate for examination. If there are known grounds for denial, the Board 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 an ARC report to the Assistant Attorney General assigned to the Board for prosecution to review.
(c) If, after review, the ARC and Assistant Attorney General 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 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.
- (v) If denied, the applicant must submit a written request for a hearing within thirty (30) days of the date of the denial letter.
(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 hearing is to be conducted in the presence of a quorum of the board, with a hearing officer presiding.
- (iii) The applicant has the burden of proving that he/she meets all requirements for the license or examination requested.
(e) The ARC shall not take part in the consideration of any contested case.
(f) The ARC shall not, by this rule, be barred from attending any disciplinary hearing.