reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-111 - Examinations and Investigations.

40-23-111. Examinations and investigations.
(a) The commissioner may conduct examinations of any licensee under this act at intervals he deems necessary to determine compliance with this act and other applicable laws, rules and regulations.
(b) The commissioner may at any time investigate the loans or business books and records of any licensee or person engaged in mortgage lending or mortgage brokering activities for the purpose of determining compliance with this act or securing information required under this act. For these purposes, the commissioner shall have free and reasonable access to the offices, places of business, books and records of the licensee.
(c) If a licensee's or person's records are located outside this state, the licensee or person shall have the option to make them available to the commissioner at a convenient location within this state, or pay the reasonable and necessary expenses for the commissioner or his representative to examine them at the place where they are maintained. The commissioner may designate representatives, including comparable officials of the state in which the records are located, to inspect them on his behalf.
(d) Each licensee or person subject to examination or investigation under this act shall pay to the commissioner an amount assessed by the commissioner to cover the direct and indirect cost of examinations or investigations conducted pursuant to this section not to exceed one hundred dollars ($100.00) per hour.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-115 - Loan Commitments; Prepayment Penalty Disclosure by Mortgage Broker.

40-23-115. Loan commitments; prepayment penalty disclosure by mortgage broker.
(a) A mortgage broker may issue a loan commitment and may furnish a lock-in of the interest rate and program on behalf of the mortgage lender when the mortgage broker has obtained a written or electronically transmitted loan commitment or lock-in for the mortgage loan from the mortgage lender on behalf of the borrower. The loan commitment issued by the mortgage broker to the borrower on behalf of the mortgage lender shall be in the same form and substance as issued by the mortgage lender and shall identify the mortgage lender by name.
(i) Repealed By Laws 2008, Ch. 76, 2.
(ii) Repealed By Laws 2008, Ch. 76, 2.
(iii) Repealed By Laws 2008, Ch. 76, 2.
(iv) Repealed By Laws 2008, Ch. 76, 2.
(b) If a prepayment penalty is a condition of the residential mortgage loan offered to a borrower, that fact shall be separately disclosed in writing to the borrower and the borrower shall agree in writing to accept that condition. The disclosure shall state that a prepayment penalty provision imposes a charge if the borrower refinances or pays off the mortgage loan before the date for repayment stated in the loan agreement. The written disclosure shall be in a form prescribed by the commissioner and shall be delivered as soon as the condition is known, but no later than the issuance of a commitment, for the mortgage loan product chosen by the borrower.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-116 - Trust Accounts.

40-23-116. Trust accounts.
All monies received from a borrower for payment of third party provider services shall be deemed as held in trust immediately upon receipt. All such trust funds shall be deposited, prior to the end of the third business day following receipt of the funds, in a trust account of a federally insured financial institution. All trust account funds collected under this act shall remain on deposit in a noninterest bearing trust account until disbursement. The trust account shall be designated and maintained for the benefit of borrowers. Monies maintained in the trust account shall be exempt from execution, attachment or garnishment. A mortgage lender or mortgage broker shall not in any way encumber the corpus of the trust account or commingle any other operating funds with trust account funds. Withdrawals from the trust account shall be only for the payment of bona fide services rendered by a third party provider or for refunds to a borrower.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-117 - Prohibited Practices.

40-23-117. Prohibited practices.
(a) No licensee or person required to have a license shall:
(i) Pay compensation to, contract with or employ in any manner, any person engaged in mortgage lending or brokering activities who is not properly licensed unless such person is exempt under W.S. 40-23-105;
(ii) Obtain any exclusive dealing or exclusive agency agreement from any borrower;
(iii) Delay closing of any residential mortgage loan for the purpose of increasing interest, costs, fees or charges payable by the borrower;
(iv) Accept any fees at closing which were not previously disclosed fully to the borrower;
(v) Obtain any agreement or instrument in which blanks are left to be filled in after execution;
(vi) Engage in any misrepresentation in connection with a residential mortgage loan;
(vii) Directly or indirectly make any statement regarding value, except that a copy of the sales contract for purchase transactions may be provided, or make or provide payment of any kind to any in-house or fee appraiser for the purpose of influencing the independent judgment of the appraiser with respect to the value of any real estate which is to be covered by a residential mortgage loan;
(viii) Make any false promises likely to influence or persuade, or pursue a course of misrepresentations and false promises through agents, solicitors, advertising or otherwise;
(ix) Misrepresent, circumvent or conceal any of the material particulars or the nature thereof, regarding a transaction to which it is a party;
(x) Enter into any agreement, with or without the payment of a fee, to fix in advance a particular interest rate or other term in a residential mortgage loan unless written confirmation of the agreement is delivered to the borrower.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-118 - License Suspension or Revocation.

40-23-118. License suspension or revocation.
(a) The commissioner may suspend, not to exceed six (6) months, or revoke a license if the commissioner finds:
(i) Any fact or condition exists that, if it had existed at the time when the licensee applied for its license, would have been grounds for denying the application;
(ii) The licensee violated any provision of this act or any rule or order validly promulgated by the commissioner;
(iii) The licensee is conducting its business in an unsafe or unsound manner;
(iv) The licensee refuses to permit the commissioner to make any examination authorized by this act;
(v) The licensee willfully fails to make any report required by this act;
(vi) The competence, experience, character or general fitness of the licensee indicates that it is not in the public interest to permit the licensee to continue to conduct business;
(vii) The bond of the licensee has been revoked, cancelled, expired or otherwise is not effective;
(viii) The licensee or any partner, officer, director, manager or employee of the licensee has been convicted of a felony or misdemeanor involving any aspect of the mortgage lending business, breach of trust, or fraudulent or dishonest dealing;
(ix) The licensee or any partner, officer, director, manager or employee of the licensee has had a license substantially equivalent to a license under this act, and issued by another state, denied, revoked or suspended under the laws of that state;
(x) The licensee has filed an application for a license which as of the date the license was issued, or as of the date of an order denying, suspending or revoking a license, was incomplete in any material respect or contained any statement that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact.
(b) Notwithstanding any provision of the Wyoming Administrative Procedure Act, if the commissioner finds that probable cause for revocation of a license exists and that enforcement of this act and the public interest require immediate suspension of the license pending investigation, he may, after a hearing upon five (5) days written notice, enter an order suspending the license for not more than thirty (30) days.
(c) The commissioner may, in his discretion, reinstate a license, terminate a suspension or grant a new license to a person whose license has been revoked or suspended if no fact or condition then exists which clearly would justify the commissioner in refusing to grant a license.
(d) For purposes of this section, "licensee" shall also mean a licensed mortgage loan originator pursuant to W.S. 40-23-124.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-119 - Orders to Cease and Desist.

40-23-119. Orders to cease and desist.
(a) If the commissioner determines that a violation of this act or of a rule adopted or an order issued under this act by a licensee is likely to cause immediate and irreparable harm to the licensee, its customers or the public as a result of the violation or cause insolvency of the licensee, the commissioner may issue an order requiring the licensee to cease and desist from the violation. The order becomes effective upon service upon the licensee.
(b) If the commissioner determines that a person is conducting mortgage lending or mortgage brokering activities governed under this act without a valid license, the commissioner may issue an order requiring the unlicensed person to cease and desist from mortgage lending or mortgage brokering activities. The order becomes effective upon service upon the unlicensed person.
(c) Before issuing a final cease and desist order under subsections (a) and (b) of this section, the commissioner shall serve notice of intent to issue the order upon the person being ordered to cease and desist. The notice shall be in writing and shall direct the person to discontinue the violations of law and cease and desist mortgage lending or mortgage brokering activities. The notice shall be served by certified mail return receipt requested to the last known address of the person or shall be served as provided by the Wyoming Rules of Civil Procedure. Notice of the order shall include:
(i) A statement of the grounds for issuing the proposed order, including a citation to the statute or rule involved;
(ii) A statement of the facts in support of the allegations;
(iii) A statement informing the person of the right to a hearing on the order.
(d) In an emergency, the commissioner may petition the district court for the issuance of a temporary restraining order.
(e) An order to cease and desist becomes effective upon service upon the person.
(f) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to the Wyoming Administrative Procedure Act.
(g) A person served with an order to cease and desist for violating this act may petition the district court for a judicial order setting aside, limiting or suspending the enforcement, operation or effectiveness of the order pending the completion of an administrative proceeding pursuant to the Wyoming Administrative Procedure Act.
(h) The commissioner shall commence a contested case proceeding within twenty (20) days after issuing an order to cease and desist.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-120 - Consent Orders.

40-23-120. Consent orders.
The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this act. A consent order shall be signed by the person to whom it is issued or by the person's authorized representative and shall indicate agreement with the terms contained in the order. A consent order may provide that it does not constitute an admission by a person that this act or a rule adopted or an order issued under this act has been violated.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-121 - Civil Penalties.

40-23-121. Civil penalties.
The commissioner may impose a civil penalty upon a person who violates this act or a rule adopted or an order issued under this act in an amount not to exceed five hundred dollars ($500.00) per day for each day the violation is outstanding, plus the state's costs and expenses for the investigation and prosecution of the matter, including reasonable attorney's fees. Any penalties collected pursuant to this section shall be deposited in the public school fund of the appropriate county as required by article 7, section 5 of the Wyoming constitution.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-122 - Criminal Penalties.

40-23-122. Criminal penalties.
(a) A person who intentionally makes a false statement, misrepresentation or false certification in a record filed or required to be maintained under this act or who intentionally makes a false entry or omits a material entry in the record is guilty of a felony, punishable by not less than three (3) years imprisonment or a fine of not less than ten thousand dollars ($10,000.00), or both.
(b) An individual who knowingly engages in any activity for which a license is required under this act, without being licensed under this act is guilty of a felony punishable by not less than three (3) years imprisonment or a fine of not less than ten thousand dollars ($10,000.00), or both.
(c) A person, except an individual, who knowingly engages in any activity for which a license is required under this act, without being licensed under this act is guilty of a misdemeanor punishable by a fine of not less than twenty-five thousand dollars ($25,000.00).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-123 - Hearings.

40-23-123. Hearings.
Except as otherwise provided in W.S. 40-23-103(a)(vii), 40-23-108(c) and 40-23-109, the commissioner shall not suspend or revoke a license, issue an order to cease and desist or assess a civil penalty without notice and an opportunity to be heard.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-124 - Loan Originator Licensing; Registration; Rulemaking.

40-23-124. Loan originator licensing; registration; rulemaking.
(a) An individual, unless specifically exempted under subsection (c) of this section, shall not engage in the business of a mortgage loan originator for any dwelling located in Wyoming without first obtaining and maintaining annually a license in accordance with this act. Each licensed mortgage loan originator shall register with and maintain a valid unique identifier issued by the registry.
(b) In order to facilitate an orderly transition to licensing and minimize disruption in the marketplace, the effective date for subsection (a) of this section shall be July 1, 2010.
(c) An individual is exempt from subsection (a) of this section if he is:
(i) A registered mortgage loan originator, when acting for an entity described in W.S. 40-23-102(a)(xxx)(B)(I), (II) or (III);
(ii) An individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of the individual;
(iii) An individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that serves as the individual's residence;
(iv) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker or other mortgage loan originator or by any agent of such lender, mortgage broker or other mortgage loan originator;
(v) An individual engaging solely in loan processor or underwriter activities, who does not represent to the public, through advertising or other means of communicating or providing information including the use of business cards, stationery, brochures, signs, rate lists or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator.
(d) A loan processor or underwriter who is an independent contractor may not engage in the activities of a loan processor or underwriter unless the independent contractor, loan processor or underwriter obtains and maintains a license pursuant to subsection (a) of this section. Each independent contractor, loan processor or underwriter licensed as a mortgage loan originator shall have and maintain a valid unique identifier issued by the registry.
(e) For the purposes of implementing an orderly and efficient licensing process the commissioner may establish licensing rules or regulations and interim procedures for licensing and acceptance of applications.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-125 - Loan Originator Application; Processing.

40-23-125. Loan originator application; processing.
(a) Applicants for a mortgage loan originator license shall apply in a form prescribed by the commissioner. Each application form shall contain content as set forth by rule of the commissioner and may be changed or updated as necessary by the commissioner in order to carry out the purposes of this act.
(b) In order to fulfill the purposes of this act, the commissioner may establish relationships or contracts with the registry or other entities designated by the registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this act.
(c) In connection with an application for licensing as a mortgage loan originator, the applicant shall, at a minimum, furnish to the registry information concerning the applicant's identity, including:
(i) Fingerprints for submission to the federal bureau of investigation, and any governmental agency or entity authorized to receive such information for a state, national and international criminal history background check; and
(ii) Personal history and experience, including the submission of authorization for the registry and the commissioner to obtain:
(A) An independent credit report obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act; and
(B) Information related to any administrative, civil or criminal findings by any governmental jurisdiction.
(d) For the purposes of this section and in order to reduce the points of contact which the federal bureau of investigation may have to maintain for purposes of paragraph (c)(i) of this section and subparagraph (c)(ii)(B) of this section, the commissioner may use the registry as a channeling agent for requesting information from and distributing information to the department of justice or any governmental agency.
(e) For the purposes of this section and in order to reduce the points of contact which the commissioner may have to maintain for purposes of subparagraphs (c)(ii)(A) and (B) of this section, the commissioner may use the registry as a channeling agent for requesting and distributing information to and from any source so directed by the commissioner.
(f) Each application submitted under subsection (a) of this section shall be accompanied by an application fee not to exceed three hundred dollars ($300.00), as established by rule of the commissioner. When an application for licensure is denied or withdrawn, the commissioner shall retain all fees paid by the applicant.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-126 - Issuance of Loan Originator License.

40-23-126. Issuance of loan originator license.
(a) The commissioner shall not issue a mortgage loan originator license unless the commissioner makes at a minimum the following findings:
(i) The applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a subsequent formal vacation of such revocation shall not be deemed a revocation;
(ii) The applicant has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign or military court:
(A) During the seven (7) year period preceding the date of the application for licensing and registration; or
(B) At any time preceding the date of application, if the felony involved an act of fraud, dishonesty, or a breach of trust or money laundering;
(C) A pardon of a conviction shall not be a conviction for the purposes of this paragraph.
(iii) The applicant has demonstrated financial responsibility, character and general fitness such as to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly and efficiently within the purposes of this act;
(iv) The applicant has completed the prelicensing education requirement pursuant to W.S. 40-23-127;
(v) The applicant has passed a written test that meets the test requirement of W.S. 40-23-128.
(b) For purposes of paragraph (a)(iii) of this section, a person has shown that he is not financially responsible when he has shown a disregard in the management of his own financial condition. A determination that an individual has not shown financial responsibility shall include, but not be limited to:
(i) Having any outstanding judgment, except a judgment solely as a result of medical expenses;
(ii) Having any outstanding tax lien or other government lien;
(iii) Having any foreclosure within the past three (3) years;
(iv) Having a pattern of seriously delinquent accounts within the past three (3) years.
(c) Upon written request, an applicant is entitled to a hearing on the question of his qualifications for a license if:
(i) The commissioner has notified the applicant in writing that his application has been denied, or objections to the application have been filed with the commissioner;
(ii) The commissioner has not issued a license within sixty (60) days after a complete application for the license was filed.
(d) If a hearing is held, the applicant and those filing objections shall reimburse, pro rata, the commissioner for his reasonable and necessary expenses incurred as a result of the hearing. Notwithstanding any provision under the Wyoming Administrative Procedure Act, a request for hearing shall not be made more than fifteen (15) days after the applicant has received notification by certified mail that the application has been denied and stating in substance the commissioner's finding supporting denial of the application or that objections have been filed and the substance thereof.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-127 - Prelicensing and Relicensing Education of Loan Originators.

40-23-127. Prelicensing and relicensing education of loan originators.
(a) In order to meet the prelicensing education requirement referred to in W.S. 40-23-126(a)(iv), a person shall complete at least twenty (20) hours of education approved in accordance with subsection (b) of this section, which shall include at least:
(i) Three (3) hours of federal law and regulations related to mortgage origination;
(ii) Three (3) hours of ethics, which shall include instruction on fraud, consumer protection and fair lending issues; and
(iii) Two (2) hours of training related to lending standards for the nontraditional mortgage product marketplace.
(b) For purposes of subsection (a) of this section, prelicensing education courses shall be reviewed and approved by the registry. The review and approval of a prelicensing education course shall include review and approval of the course provider.
(c) Nothing in this section shall preclude any prelicensing education course, as approved by the registry, that is provided by the employer of the applicant or an entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such employer or entity.
(d) Prelicensing education may be offered either in a classroom, online or by any other means approved by the registry.
(e) The prelicensing education requirements approved by the registry in paragraphs (a)(i), (ii) and (iii) of this section for any state shall be accepted as credit towards completion of prelicensing education requirements in Wyoming.
(f) An individual licensed under W.S. 40-23-124 after July 1, 2009 and who subsequently applies to be licensed again:
(i) Shall not have to complete prelicensing education requirements;
(ii) Shall have completed all the continuing education requirements pursuant to W.S. 40-23-130.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-128 - Testing of Mortgage Loan Originators.

40-23-128. Testing of mortgage loan originators.
(a) In order to meet the written test requirement under W.S. 40-23-126(a)(v), an individual shall pass, in accordance with the standards established under this section, a qualified written test developed by the registry and administered by a test provider approved by the registry.
(b) A written test shall not be treated as a qualified written test for purposes of subsection (a) of this section unless the test adequately measures the applicant's knowledge and comprehension in appropriate subject areas, including:
(i) Ethics;
(ii) Federal law and regulation pertaining to mortgage origination;
(iii) Wyoming law and regulation pertaining to mortgage origination; and
(iv) Federal and Wyoming law and regulation, including instruction on fraud, consumer protection, the nontraditional mortgage marketplace and fair lending issues.
(c) Nothing in the section shall prohibit a test provider from providing a test at the location of the employer of the applicant, the location of any subsidiary or affiliate of the employer of the applicant or the location of any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator.
(d) An individual shall not be considered to have passed a qualified written test unless the individual achieves a test score of not less than seventy-five percent (75%) correct answers to questions.
(e) An individual may retake a test three (3) times with each test taking occurring at least thirty (30) days after the preceding test.
(f) After failing three (3) tests, an individual shall wait at least six (6) months before taking the test again.
(g) A licensed mortgage loan originator who fails to maintain a valid license for at least five (5) years shall retake the written test. Any time the individual spends working as a registered mortgage loan originator shall not be counted against this five (5) year period.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-129 - Standards for Loan Originator License Renewal; Rulemaking.

40-23-129. Standards for loan originator license renewal; rulemaking.
(a) The minimum standards for license renewal for mortgage loan originators shall include the following:
(i) The mortgage loan originator continues to meet the minimum standards for license issuance under W.S. 40-23-126(a)(i) through (v);
(ii) The mortgage loan originator has satisfied the annual continuing education requirements described in W.S. 40-23-130;
(iii) The mortgage loan originator has paid the license renewal fee not to exceed three hundred dollars ($300.00), as established by rule of the commissioner.
(b) Each mortgage loan originator license shall expire on December 31. The license shall be renewed annually by satisfying the minimum standards for license renewal under subsection (a) of this section not less than thirty (30) days before the stated expiration date. The commissioner may establish rules for the reinstatement of expired licenses consistent with the standards established by the registry.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-130 - Continuing Education for Mortgage Loan Originators; Rulemaking.

40-23-130. Continuing education for mortgage loan originators; rulemaking.
(a) In order to meet the annual continuing education requirements referred to in W.S. 40-23-129(a)(ii), a licensed mortgage loan originator shall complete at least eight (8) hours of education approved in accordance with subsection (b) of this section, which shall include at least:
(i) Three (3) hours of federal law and regulations relating to mortgage origination;
(ii) Two (2) hours of ethics, which shall include instruction on fraud, consumer protection and fair lending issues; and
(iii) Two (2) hours of training related to lending standards for the nontraditional mortgage product marketplace.
(b) For purposes of section (a) of this section, continuing education courses shall be reviewed and approved by the registry. The review and approval of a continuing education course shall include review and approval of the course provider.
(c) Nothing in this section shall preclude any education course, as approved by the registry, that is provided by the employer of the mortgage loan originator or an entity which is affiliated with the mortgage loan originator by an agency contract, or any subsidiary or affiliate of such employer or entity.
(d) Continuing education may be offered either in a classroom, online or by any other means approved by the registry.
(e) A licensed mortgage loan originator:
(i) Except as provided in W.S. 40-23-129(b), shall only receive credit for a continuing education course in the year in which the course is taken; and
(ii) Shall not take the same approved course in the same or successive years to meet the annual requirements for continuing education.
(f) A licensed mortgage loan originator who is an instructor of an approved continuing education course may receive credit for the licensed mortgage loan originator's own annual continuing education requirement at the rate of two (2) hours of credit for every one (1) hour taught.
(g) An individual having successfully completed the education requirements approved by the registry in paragraphs (a)(i), (ii) and (iii) of this section for any state shall be accepted as credit towards completion of continuing education requirements in Wyoming.
(h) An individual meeting the requirements of W.S. 40-23-129(a)(i) and (iii) may make up any deficiency in continuing education as established by rule of the commissioner.
(j) An individual licensed under W.S. 40-23-124 after July 1, 2009 and who subsequently applies to be licensed again shall complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-132 - Report to the Registry.

40-23-132. Report to the registry.
The commissioner shall regularly report violations of this act, as well as enforcement actions and other relevant information, to the registry subject to the provisions contained in W.S. 40-23-112. The commissioner shall establish by rule a process where a mortgage loan originator may challenge information entered into the registry by the commissioner.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 23 - Wyoming Residential Mortgage Practices Act › Section 40-23-133 - Unique Identifier; Rulemaking.

40-23-133. Unique identifier; rulemaking.
The unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan applications forms, solicitations or advertisements, including business cards or websites and any other documents as established by rule of the commissioner.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 24 - Uniform Trade Secrets Act › Section 40-24-101 - Definitions.

40-24-101. Definitions.
(a) As used in this act, unless the context requires otherwise:
(i) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of duty to maintain secrecy or espionage through electronic or other means;
(ii) "Misappropriation" means:
(A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(B) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(I) Used improper means to acquire knowledge of the trade secret;
(II) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake; or
(III) At the time of disclosure or use knew or had reason to know that his knowledge of the trade secret was:
(1) Derived from or through a person who has utilized improper means to acquire it;
(2) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(3) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.
(iii) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity;
(iv) "Trade secret" means information, including a formula, pattern, compilation, program device, method, technique or process that:
(A) Derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(v) "This act" means W.S. 40-24-101 through 40-24-110.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 24 - Uniform Trade Secrets Act › Section 40-24-102 - Injunctive Relief.

40-24-102. Injunctive relief.
(a) Actual or threatened misappropriation may be enjoined. Upon application to the court an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 24 - Uniform Trade Secrets Act › Section 40-24-103 - Damages.

40-24-103. Damages.
(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
(b) If willful and malicious misappropriation exists, the court may award exemplary damages in the amount not exceeding twice any award made under subsection (a) of this section.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 24 - Uniform Trade Secrets Act › Section 40-24-104 - Attorney's Fees.

40-24-104. Attorney's fees.
(a) A court may award reasonable attorney's fees to the prevailing party if:
(i) A claim of misappropriation is made in bad faith;
(ii) A motion to terminate an injunction is made or resisted in bad faith; or
(iii) Willful and malicious misappropriation exists.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 24 - Uniform Trade Secrets Act › Section 40-24-105 - Preservation of Secrecy.

40-24-105. Preservation of secrecy.
In any action under this act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 24 - Uniform Trade Secrets Act › Section 40-24-106 - Statute of Limitations.

40-24-106. Statute of limitations.
An action for misappropriation must be brought within four (4) years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 24 - Uniform Trade Secrets Act › Section 40-24-107 - Effect on Other Law.

40-24-107. Effect on other law.
(a) Except as provided in subsection (b) of this section, this act displaces conflicting tort, restitutionary and other law of this state providing civil remedies for misappropriation of a trade secret.
(b) This act does not affect:
(i) Contractual remedies, whether or not based upon misappropriation of a trade secret;
(ii) Other civil remedies that are not based upon misappropriation of a trade secret; or
(iii) Criminal remedies, whether or not based upon misappropriation of a trade secret.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 24 - Uniform Trade Secrets Act › Section 40-24-110 - Time of Taking Effect.

40-24-110. Time of taking effect.
This act does not apply to misappropriation occurring prior to July 1, 2006. With respect to a continuing misappropriation that began prior to July 1, 2006, the act does not apply to the continuing misappropriation that occurs after July 1, 2006.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 25 - Computer Trespass › Section 40-25-101 - Computer Trespass.

40-25-101. Computer trespass.
(a) A person commits a civil trespass if he, with intent to damage or cause the malfunction of the operation of a computer, computer system or computer network, transfers or sends electronically into a computer, computer system or computer network of another or causes to be transferred or sent electronically into a computer, computer system or computer network of another any data, program or other information which alters, damages or causes the malfunction of the operation of the computer, computer system or computer network and the act was done without authority of the owner or lawful possessor of the computer, computer system or computer network.
(b) A person who suffers damage or loss by reason of a trespass under this section shall have a cause of action against the trespasser for all damages incurred, including any damages to the person's computer, computer system or computer network and any costs incurred by the person for services that could not be utilized as a result of the trespass. In a civil action brought under this section, in addition to damages, the injured claimant may be awarded the costs of litigation together with the reasonably necessary cost of identifying the trespasser, of obtaining effective service of process on the trespasser and of successfully effecting collection of the award from the person who perpetrated the trespass and from the person who caused the trespass.
(c) The definitions provided in W.S. 6-3-501 shall be applicable to this section.
(d) Common carriers, internet service providers or other persons who supply the internet services over which the content is delivered shall not be liable for damages or losses under this section resulting from the acts of another.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 26 - Fair Housing Act › Section 40-26-102 - Definitions.

40-26-102. Definitions.
(a) As used in this act:
(i) "Aggrieved person" includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur;
(ii) "Complainant" means a person, including the enforcing authority that files a complaint under W.S. 40-26-118;
(iii) "Conciliation" means the informal negotiations among an aggrieved person, the respondent, and the enforcing authority to resolve issues raised by a complaint or by the investigation of the complaint;
(iv) "Conciliation agreement" means a written agreement resolving the issues in conciliation;
(v) "Disability" means a mental or physical impairment that substantially limits at least one (1) major life activity, a record of this impairment, or being regarded as having this impairment. The term does not include current illegal use or addiction to any drug or illegal or federally controlled substance and does not apply to an individual because of an individual's sexual orientation or because that individual is a transvestite;
(vi) "Discriminatory housing practice" means an act prohibited by W.S. 40-26-103 through 40-26-109 or conduct that is an offense under W.S. 40-26-145;
(vii) "Dwelling" means any structure or part of a structure that is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families or vacant land that is offered for sale or lease for the construction or location of a structure or part of a structure as previously described. "Dwelling" includes a lot leased for the purpose of placing on the lot a transportable home as defined in W.S. 31-1-101(a)(xxiv);
(viii) "Enforcing authority" means a Wyoming state agency or nonprofit incorporated in Wyoming that has been accepted as an enforcing authority for Wyoming by the department of housing and urban development;
(ix) "Familial status" means one (1) or more minors being domiciled with a parent or another person having legal custody of the minor or minors, or the designee of the parent or other person having such custody with the written permission of the parent or other person. The protections afforded against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any minor;
(x) "Family" includes a single individual;
(xi) "Respondent" means a person accused of a violation of this chapter in a complaint of discriminatory housing practice or a person identified as an additional or substitute respondent under W.S. 40-26-121 or an agent of an additional or substitute respondent;
(xii) "To rent" includes to lease, sublease, or let, or to grant in any other manner, for a consideration, the right to occupy premises not owned by the occupant.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 26 - Fair Housing Act › Section 40-26-103 - Sale or Rental.

40-26-103. Sale or rental.
(a) A person may not refuse to sell or rent, after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or in any other manner make unavailable or deny a dwelling to an individual because of race, color, religion, sex, disability, familial status, or national origin.
(b) A person may not discriminate against an individual in the terms, conditions, or privileges of sale or rental of a dwelling or in providing services or facilities in connection with a sale or rental of a dwelling because of race, color, religion, sex, disability, familial status or national origin.
(c) This section does not prohibit discrimination against an individual because the individual has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 26 - Fair Housing Act › Section 40-26-104 - Publication.

40-26-104. Publication.
A person may not make, print or publish or effect the making, printing or publishing of a notice, statement or advertisement that is about the sale or rental of a dwelling and that indicates any preference, limitation or discrimination or the intention to make a preference, limitation or discrimination because of race, color, religion, sex, disability, familial status or national origin.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 26 - Fair Housing Act › Section 40-26-106 - Entry Into Neighborhood.

40-26-106. Entry into neighborhood.
A person may not, for profit, induce or attempt to induce another to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of an individual of a particular race, color, religion, sex, disability, familial status or national origin.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 26 - Fair Housing Act › Section 40-26-108 - Residential Real Estate Related Transaction.

40-26-108. Residential real estate related transaction.
A person whose business includes engaging in residential real estate related transactions may not discriminate against an individual in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status or national origin. A residential real estate related transaction is the selling, brokering or appraising of residential real property or the making or purchasing of loans or the provision of other financial assistance to purchase, construct, improve, repair, maintain a dwelling, or to secure residential real estate. Nothing in this section prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, sex, disability, familial status or national origin.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 26 - Fair Housing Act › Section 40-26-109 - Brokerage Services.

40-26-109. Brokerage services.
A person may not deny an individual access to, or membership or participation in, a multiple-listing service, real estate brokers' organization, or other service, organization or facility relating to the business of selling or renting dwellings, or discriminate against an individual in the terms or conditions of access, membership or participation in the organization, service or facility because of race, color, religion, sex, disability, familial status or national origin.