Current through September 21, 2024
(a) Upon receiving
a completed application, the Board Office shall review the application. If
there are no known grounds for denying the license, permit, or certificate, the
Board Office shall issue the license, permit, or certificate. 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 consult with the Assistant
Attorney General the ARC recommends denying an application:
(i) The ARC shall send a preliminary denial
letter to the applicant. The letter shall:
(A)
State the basis for the denial including relevant statutes and rules;
(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 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 may submit a
written request for hearing within thirty (30) days of the date of the denial
letter. If the applicant does not do so, the ARC decision becomes final agency
action.
(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 shall 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 all requirements for the license
requested have been fulfilled and that the applicant is entitled to a
license.
(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.
