084-5 Wyo. Code R. § 5-1

Current through April 27, 2019
Section 5-1 - Application Review Process

(a) Upon receipt of a complete application, the Board Office shall forward the application to the Board Review Committee (BRC).

(b) The BRC shall review the application and other available information and following the review may:

  • (i) Recommend approval of the application if the applicant meets all requirements, or
  • (ii) If there are questions as to whether denial is appropriate, forward the application and a BRC report to the Assistant Attorney General assigned to the Board for prosecution to review.

(c) If, after review, the BRC 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 thirty (30) days of the date of the preliminary denial letter, the preliminary denial shall become final.
  • (iii) If the applicant requests reconsideration within thirty (30) days, a reconsideration conference shall be held with the BRC, the Assistant Attorney General, and the applicant.
  • (iv) Following a reconsideration conference, the BRC shall recommend either approval or denial of the application.
  • (v) If the application is again preliminarily denied through issuance of another preliminary denial letter setting forth the basis for the denial including relevant statutes and rules following a reconsideration conference, the applicant may ask for a hearing by filing a written request within thirty (30) days of the date of the preliminary denial letter. If the applicant fails to request a hearing, in writing, within thirty (30) days of the date of the preliminary denial letter, the preliminary denial shall become final.

(d) Application denial hearings

  • (i) An application denial hearing is a formal contested case hearing conducted pursuant to the Wyoming Administrative Procedure Act, the Act and these rules.
  • (ii) The applicant has the burden of proving that he meets all requirements for the license or certificate applied for.

(e) The BRC may attend hearings, but shall not take part in the consideration of any contested case.

084-5 Wyo. Code R. § 5-1

Amended, Eff. 11/16/2015.