Current through September 21, 2024
(a) Upon receipt of a completed application,
the Commission office shall review the application and, if it is complete and
there are no known grounds for denial of the license requested, issue the
license. If there are known grounds for denial, the Commission office shall
forward the application to the Application Review Committee (ARC). An
application shall be deemed "complete" when all necessary documentation is
received by the Commission office and all fees paid in accordance with Chapter
1 of these rules.
(b) The ARC shall
consist of, but is not limited to, the following members:
(i) One (1) Commission Member,
(ii) The Commission Investigator,
and
(iii) A prosecuting attorney
from the Attorney General's Office.
(c) The ARC shall review the application and
all other information made available by the applicant. Following the review,
the ARC may:
(i) Approve the application if
the applicant meets all requirements; or
(ii) Conduct further review with the
possibility of recommending denial of the application.
(d) If, after further review, and following
consultation with the Attorney General, the ARC concludes that grounds exist to
recommend denial of an application:
(i) A
preliminary denial letter, delivered by post or email, shall be sent to
applicant by the ARC or a representative of the ARC. The letter shall:
(A) State the basis for the recommendation to
deny citing relevant statutes and rules; and
(B) Advise the applicant of the right to
request a reconsideration conference that may be held in person or via video or
phone teleconference.
(ii) If the applicant fails to request a
reconsideration conference in writing within thirty (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 of the date of the preliminary denial
recommendation letter, a reconsideration conference shall be held with the ARC
and the applicant.
(iv) Following
the reconsideration conference, the ARC shall either recommend approval or
denial of the application to the Commission and notify the applicant of their
recommendation. Notice shall be provided by letter delivered by post or email
no more than fourteen (14) days after the reconsideration hearing was
held.
(v) If an application denial
is recommended, the applicant may submit a written request for a formal
contested case hearing before the Commission within thirty (30) days of the
date of the letter of notice. If the applicant does not provide a written
request for a formal contested case hearing, the ARC's recommendation to deny
the application is final.
(e) Applicant's Request for Hearing
(i) An application denial hearing is a formal
contested case hearing conducted pursuant to the Wyoming Administrative
Procedure Act.
(ii) The applicant
has the burden of proving that he/she meets all requirements for the license
requested.
(f) The ARC
may attend hearings, but shall not take part in the consideration of any
contested case.
