reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-609 - Assurance of Discontinuance.

40-14-609. Assurance of discontinuance.
If it is claimed that a person has engaged in conduct subject to an order by the administrator (W.S. 40-14-608) or by a court (W.S. 40-14-610 through 40-14-612), the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of discontinuance fails to comply with its terms, the assurance is evidence that prior to the assurance he engaged in the conduct described in the assurance.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-611 - Injunctions Against Unconscionable Agreements and Fraudulent or Unconscionable Conduct.

40-14-611. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
(a) The administrator may bring a civil action to restrain a creditor or a person acting in his behalf from engaging in a course of:
(i) Making or enforcing unconscionable terms or provisions of consumer credit sales, consumer leases, or consumer loans;
(ii) Fraudulent or unconscionable conduct in inducing debtors to enter into consumer credit sales, consumer leases, or consumer loans; or
(iii) Fraudulent or unconscionable conduct in the collection of debts arising from consumer credit sales, consumer leases, or consumer loans.
(b) In an action brought pursuant to this section the court may grant relief only if it finds:
(i) That the respondent has made unconscionable agreements or has engaged or is likely to engage in a course of fraudulent or unconscionable conduct;
(ii) That the agreements or conduct of the respondent has caused or is likely to cause injury to consumers; and
(iii) That the respondent has been able to cause or will be able to cause the injury primarily because the transactions involved are credit transactions.
(c) In applying this section, consideration shall be given to each of the following factors, among others:
(i) Belief by the creditor at the time consumer credit sales, consumer leases, or consumer loans are made that there was no reasonable probability of payment in full of the obligation by the debtor;
(ii) In the case of consumer credit sales or consumer leases, knowledge by the seller or lessor at the time of the sale or lease of the inability of the buyer or lessee to receive substantial benefits from the property or services sold or leased;
(iii) In the case of consumer credit sales or consumer leases, gross disparity between the price of the property or services sold or leased and the value of the property or services measured by the price at which similar property or services are readily obtainable in credit transactions by like buyers or lessees;
(iv) The fact that the creditor contracted for or received separate charges for insurance with respect to consumer credit sales or consumer loans with the effect of making the sales or loans, considered as a whole, unconscionable; and
(v) The fact that the respondent has knowingly taken advantage of the inability of the debtor reasonably to protect his interests by reason of physical or mental infirmities, ignorance, illiteracy or inability to understand the language of the agreement, or similar factors.
(d) In an action brought pursuant to this section, a charge or practice expressly permitted by this act is not in itself unconscionable.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-612 - Temporary Relief.

40-14-612. Temporary relief.
With respect to an action brought to enjoin violations of the act (W.S. 40-14-610) or unconscionable agreements or fraudulent or unconscionable conduct (W.S. 40-14-611), the administrator may apply to the court for appropriate temporary relief against a respondent, pending final determination of proceedings. If the court finds after a hearing held upon notice to the respondent that there is reasonable cause to believe that the respondent is engaging in or is likely to engage in conduct sought to be restrained, it may grant any temporary relief or restraining order it deems appropriate.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-613 - Civil Actions.

40-14-613. Civil actions.
(a) After demand, the administrator may bring a civil action against a creditor for making or collecting charges in excess of those permitted by this act. An action may relate to transactions with more than one (1) debtor. If it is found that an excess charge has been made, the court shall order the respondent to refund to the debtor or debtors the amount of the excess charge. If a creditor has made an excess charge in deliberate violation of or in reckless disregard for this act, or if a creditor has refused to refund an excess charge within a reasonable time after demand by the debtor or the administrator, the court may also order the respondent to pay to the debtor or debtors a civil penalty in an amount determined by the court not in excess of the greater of either the amount of the credit service or loan finance charge or ten (10) times the amount of the excess charge. Refunds and penalties to which the debtor is entitled pursuant to this subsection may be set off against the debtor's obligation. If a debtor brings an action against a creditor to recover an excess charge or civil penalty, an action by the administrator to recover for the same excess charge or civil penalty shall be stayed while the debtor's action is pending and shall be dismissed if the debtor's action is dismissed with prejudice or results in a final judgment granting or denying the debtor's claim. With respect to excess charges arising from sales made pursuant to revolving charge accounts or from loans made pursuant to revolving loan accounts, no action pursuant to this subsection may be brought more than two (2) years after the time the excess charge was made. With respect to excess charges arising from other consumer credit sales or consumer loans, no action pursuant to this subsection may be brought more than one (1) year after the due date of the last scheduled payment of the agreement pursuant to which the charge was made. If the creditor establishes by a preponderance of evidence that a violation is unintentional or the result of a bona fide error, no liability to pay a penalty shall be imposed under this subsection.
(b) The administrator may bring a civil action against a creditor or a person acting in his behalf to recover a civil penalty for willfully violating this act, and if the court finds that the defendant has engaged in a course of repeated and willful violations of this act, it may assess a civil penalty of no more than five thousand dollars ($5,000.00). No civil penalty pursuant to this subsection may be imposed for violations of this act occurring more than two (2) years before the action is brought or for making unconscionable agreements or engaging in a course of fraudulent or unconscionable conduct.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-615 - Debtors' Remedies Not Affected.

40-14-615. Debtors' remedies not affected.
The grant of powers to the administrator in this article does not affect remedies available to debtors under this act or under other principles of law or equity.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-630 - Applicability.

40-14-630. Applicability.
(a) This part applies to a person engaged in this state in making consumer credit sales, consumer leases or consumer loans, including a pawnbroker, sales finance company and post-dated check casher, and to a person having an office or place of business who takes assignments of and undertakes direct collection of payments from or enforcement of rights against debtors arising from these sales, leases or loans.
(b) Supervised financial organizations as defined by W.S. 40-14-140(a)(xix) shall be exempt from this part.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-631 - Notification.

40-14-631. Notification.
(a) Persons subject to this part shall file notification with the administrator within thirty (30) days after commencing business in this state, and, thereafter, on or before January 31 of each year. The notification shall state:
(i) Name of the person;
(ii) Name in which business is transacted if different from paragraph (a)(i) of this section;
(iii) Address of principal office, which may be outside this state;
(iv) Address of all offices or retail stores, if any, in this state at which consumer credit sales, consumer leases, or consumer loans are made, or in the case of a person taking assignments of obligations, the offices or places of business within this state at which business is transacted;
(v) If consumer credit sales, consumer leases, or consumer loans are made otherwise than at an office or retail store in this state, a brief description of the manner in which they are made;
(vi) Address of designated agent upon whom service of process may be made in this state; and
(vii) Whether supervised loans are made.
(b) If information in a notification becomes inaccurate after filing, such change shall be promptly given the administrator.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-632 - Fees.

40-14-632. Fees.
(a) A person required to file notification shall on or before January 31 of each year pay to the administrator an annual fee of twenty-five dollars ($25.00) for that year.
(b) Persons required to file notification who are sellers, lessors or lenders shall pay an additional fee at the time and in the manner stated in subsection (a) of this section of twenty-five dollars ($25.00) for each one hundred thousand dollars ($100,000.00), or part thereof, in excess of one hundred thousand dollars ($100,000.00), of the original unpaid balances arising from consumer credit sales, consumer leases and consumer loans made in this state within the preceding calendar year and held either by the seller, lessor or lender for more than thirty (30) days after the inception of the sale, lease or loan giving rise to the obligations, or by an assignee who has not filed notification. A refinancing of a sale, lease or loan resulting in an increase in the amount of an obligation is considered a new sale, lease or loan to the extent of the amount of the increase. The administrator may by rule increase this fee to an amount not greater than thirty-five dollars ($35.00) per one hundred thousand dollars ($100,000.00), or part thereof, in excess of one hundred thousand dollars ($100,000.00) of the original unpaid balances if he determines that an increase is necessary to cover the cost of administration of this act.
(c) Persons required to file notification who are assignees shall pay an additional fee at the time and in the manner stated in subsection (a) of this section of twenty-five dollars ($25.00) for each one hundred thousand dollars ($100,000.00), or part thereof, of the unpaid balances at the time of the assignment of obligations arising from consumer credit sales, consumer leases and consumer loans made in this state taken by assignment during the preceding calendar year, but an assignee need not pay a fee with respect to an obligation on which the assignor or other person has already paid a fee. The administrator may by rule increase this fee to an amount not greater than thirty-five dollars ($35.00) per one hundred thousand dollars ($100,000.00), or part thereof, in excess of one hundred thousand dollars ($100,000.00) if he determines that an increase is necessary to cover the cost of administration of this act.
(d) Fees charged, paid and collected under this section shall be subject to the requirements of W.S. 13-1-603(d) through (f).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-633 - Crediting of Monies.

40-14-633. Crediting of monies.
All fees and other monies received by the administrator under the provisions of this act shall be deposited by the administrator with the state treasurer and credited to the consumer credit administration account, except the amount paid for data processing by the registry or any other entity designated by the registry. The funds deposited in the account under this act shall be subject to appropriation by the legislature to the administrator and shall be expended only to carry out the duties of the administrator. Expenditures shall be made from the account by warrants drawn by the state auditor, upon vouchers issued and signed by the administrator.
Part 3. Licensing
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-635 - Revocation or Suspension of License.

40-14-635. Revocation or suspension of license.
(a) The administrator may issue to a person licensed under this act an order to show cause why his license should not be revoked or suspended for a period not in excess of six (6) months. The order shall state the place for a hearing and set a time for the hearing that is no less than ten (10) days from the date of the order. After the hearing the administrator shall revoke or suspend the license if he finds that:
(i) The licensee has repeatedly and willfully violated this act or any rule or order lawfully made pursuant to this act; or
(ii) Facts or conditions exist which would clearly have justified the administrator in refusing to grant a license had these facts or conditions been known to exist at the time the application for the license was made.
(b) No revocation or suspension of a license is lawful unless prior to institution of proceedings by the administrator notice is given to the licensee of the facts or conduct which warrant the intended action, and the licensee is given an opportunity to show compliance with all lawful requirements for retention of the license.
(c) If the administrator finds that probable cause for revocation of a license exists and that enforcement of this act requires immediate suspension of a 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.
(d) Whenever the administrator revokes or suspends a license, he shall enter an order to that effect and forthwith notify the licensee of the revocation or suspension. Within five (5) days after the entry of the order he shall deliver to the licensee a copy of the order and the findings supporting the order.
(e) Any person holding a license under this act may relinquish the license by notifying the administrator in writing of its relinquishment, but this relinquishment shall not affect his liability for acts previously committed.
(f) No revocation, suspension or relinquishment of a license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any consumer.
(g) The administrator may 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 have justified the administrator in refusing to grant a license.
(h) For purposes of this section, "licensee" shall also mean a licensed mortgage loan originator pursuant to W.S. 40-14-641.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-637 - Surety Bonds.

40-14-637. Surety bonds.
(a) Any organization employing or contracting with a mortgage loan originator shall maintain a surety bond to the state of Wyoming in accordance with this section. The surety bond shall be used to cover individual mortgage loan originators employed by or under contract with the organization. The amount of the bond shall be established by rule of the administrator based upon the volume of residential mortgage loan activity transacted by the organization under this act.
(b) The surety bond shall be a continuing obligation of the issuing surety. The surety's liability under the bond for any claims made under the bond either individually or in the aggregate shall in no event exceed the face amount of the bond issued. The bond shall be issued by a surety authorized to do business in the state of Wyoming. The bond, including any and all riders and endorsements executed subsequent to the effective date of the bond, shall be placed on file with the administrator.
(c) In the event an organization or mortgage loan originator employed by or under contract with an organization has violated any of the provisions of this act or a rule or order lawfully made pursuant to this act pertaining to a residential mortgage loan transaction, or federal law or regulation pertaining to the mortgage lending or mortgage brokering, and has damaged any person by such violation, then the bond shall be forfeited and paid by the surety to the state of Wyoming for the benefit of any person so damaged, in an amount sufficient to satisfy the violation or the bond in its entirety if the violation exceeds the amount of the bond.
(d) Surety bonds shall remain effective continuously until released in writing by the administrator. If a bond has not been previously released by the administrator, the bond shall expire two (2) years after the date of the surrender, revocation or expiration of the license.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-638 - Mortgage Call Reports.

40-14-638. Mortgage call reports.
Each organization employing or contracting with a mortgage loan originator shall submit to the registry reports of condition, which shall be in such form and shall contain such information as required by the registry.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-639 - Report to the Registry.

40-14-639. Report to the registry.
The administrator shall regularly report violations of this act relating to transactions conducted by mortgage loan originators, as well as enforcement actions and other relevant information, to the registry subject to the provisions contained in W.S. 40-14-636. The administrator shall establish by rule a process where a mortgage loan originator may challenge information entered into the registry by the administrator.
Part 4. Mortgage Loan Originator Licensing
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-641 - Loan Originator Licensing; Registration; Rulemaking.

40-14-641. 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 part 4 of this article. 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. 40-14-640(a)(xii)(B)(I), (II) or (III);
(ii) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of the individual;
(iii) Any 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 such 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 shall 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 purpose of implementing an orderly and efficient licensing process the administrator may establish licensing rules or regulations and interim procedures for licensing and acceptance of applications.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-642 - Loan Originator Application; Processing.

40-14-642. Loan originator application; processing.
(a) Applicants for a mortgage loan originator license shall apply in a form prescribed by the administrator. Each application form shall contain content as established by the administrator and may be changed or updated as necessary by the administrator in order to carry out the purposes of part 4 of this article.
(b) In order to fulfill the purposes of this act, the administrator may establish relationships or contract with the registry or any other entity 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 administrator 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 administrator 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 administrator may have to maintain for purposes of subparagraphs (c)(ii)(A) and (B) of this section, the administrator may use the registry as a channeling agent for requesting and distributing information to and from any source as directed by the administrator.
(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 administrator. When an application for licensure is denied or withdrawn, the administrator shall retain all fees paid by the applicant. Fees charged and collected under this section shall be in accordance with W.S. 13-1-603(d) through (f).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-643 - Issuance of Loan Originator Licenses.

40-14-643. Issuance of loan originator licenses.
(a) The administrator shall not issue a mortgage loan originator license unless the administrator makes at a minimum the following findings:
(i) The applicant has not 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. Any 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. 40-14-644;
(v) The applicant has passed a written test that meets the test requirement described in W.S. 40-14-645.
(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 administrator has notified the applicant in writing that his application has been denied, or objections to the application have been filed with the administrator;
(ii) The administrator 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 administrator 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 administrator'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 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-644 - Prelicensing and Relicensing Education of Loan Originators.

40-14-644. Prelicensing and relicensing education of loan originators.
(a) In order to meet the prelicensing education requirement referred to in W.S. 40-14-643(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. 40-14-641 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. 40-14-647.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-645 - Testing of Mortgage Loan Originators.

40-14-645. Testing of mortgage loan originators.
(a) In order to meet the written test requirement under W.S. 40-14-643(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 this 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 test 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 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-646 - Standards for Loan Originator License Renewal; Rulemaking.

40-14-646. 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. 40-14-643(a)(i) through (v);
(ii) The mortgage loan originator has satisfied the annual continuing education requirements described in W.S. 40-14-647;
(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 administrator.
(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 not less than thirty (30) days before the stated expiration date. The administrator may establish rules for the reinstatement of expired licenses consistent with the standards established by the registry.
(c) Any fee charged and collected under this section shall be in accordance with W.S. 13-1-603(d) through (f).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-647 - Continuing Education for Mortgage Loan Originators; Rulemaking.

40-14-647. Continuing education for mortgage loan originators; rulemaking.
(a) In order to meet the annual continuing education requirements required by W.S. 40-14-646(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 subsection (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. 40-14-646(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 year 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 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. 40-14-646(a)(i) and (iii) may make up any deficiency in continuing education as established by rule of the administrator.
(j) An individual licensed under W.S. 40-14-641 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 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-648 - Authority to Require License.

40-14-648. Authority to require license.
(a) In addition to any other duties imposed upon the administrator by law, the administrator shall require mortgage loan originators to be licensed and registered through the registry. In order to carry out this requirement the administrator may participate in the registry. For this purpose, the administrator may establish by rule any requirements as necessary, including but not limited to:
(i) Background checks for:
(A) Criminal history through fingerprint or other databases;
(B) Civil or administrative records;
(C) Credit history; or
(D) Any other information as deemed necessary by the registry.
(ii) The payment of fees to apply for or renew licenses through the registry; and
(iii) Requirements for amending or surrendering a license or any other such activities as the administrator deems necessary for participation in the registry.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 6 - Administration › Section 40-14-649 - Unique Identifier; Rulemaking.

40-14-649. 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 administrator.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 16 - Trading Stamps › Section 40-16-101 - Prohibited.

40-16-101. Prohibited.
It shall be unlawful for any person, firm, association or corporation to use, issue, or distribute, or for any person, firm, association or corporation to furnish to any other person, firm, association or corporation to use, issue or distribute, in, with, or for the sale of goods, wares, merchandise or service, any stamps, coupons, tickets, certificates, cards, or other similar devices, which shall entitle the purchaser receiving the same with the sale of goods, wares, merchandise or service to procure from any person, firm, association or corporation, any goods, wares, merchandise or service upon the production of any number of such stamps, coupons, tickets, certificates, cards or other similar devices.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 16 - Trading Stamps › Section 40-16-102 - Exceptions.

40-16-102. Exceptions.
(a) W.S. 40-16-101 through 40-16-103 shall not apply to the use, issuance, distribution, furnishing or redemption of any coupon, ticket, certificate, card or other similar device which is:
(i) Issued, distributed, furnished or redeemed by a manufacturer or packer in connection with the sale of its manufactured or packed products, when the coupon, ticket, certificate, card or other similar device is redeemable without, or accompanying, cash for any product of the manufacturer or packer or for any products not manufactured or packed by the manufacturer or packer if those products are offered by the manufacturer or packer solely for promotional purposes;
(ii) Issued, distributed, furnished or redeemed by a merchant when such coupon, ticket, certificate, card, or other similar device is redeemable at face value, in cash or merchandise from the general stock of said merchant at regular retail prices at the option of the holder thereof.
(b) W.S. 40-16-101 through 40-16-103 shall not be interpreted to prohibit promotional activities conducted by a manufacturer in connection with the sale of the manufacturer's service or product which offers consumers the opportunity to submit to the manufacturer or its agents, stated proof of purchases of the manufacturer's service, product or cash in exchange for one (1) or more services or products not manufactured by the manufacturer.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 16 - Trading Stamps › Section 40-16-103 - Penalty for Violation; Continuing Offense; Liability of Officers and Agents; Enjoining or Ousting Violators.

40-16-103. Penalty for violation; continuing offense; liability of officers and agents; enjoining or ousting violators.
Any person, firm, association or corporation violating any provision of this act shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one hundred dollars ($100.00), or by imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment. Each day said person, firm, association or corporation is in violation of this act shall constitute a separate and distinct offense. Whenever a firm, association or corporation shall violate any provision of this act, such violation shall be deemed to be also that of the individual directors, officers, or agents of such firm, association or corporation who shall have authorized, ordered, or done any of the acts constituting in whole or in part such violation. A firm, association or corporation and its different officers, agents, and servants may each be prosecuted separately for violation of any provision of this act, and the acquittal or conviction of one such officer, agent or servant shall not abate the prosecution of the others. Violators of any provision of this act may also be enjoined or ousted from the continuing of such violation by proceedings brought by the district attorney of the proper district, or by the attorney general, regardless of whether criminal proceedings have been instituted.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 17 - Motor Vehicles › Section 40-17-102 - Motor Carrier Indemnity Agreements Void.

40-17-102. Motor carrier indemnity agreements void.
(a) Notwithstanding any other provision of law, any provision, clause, covenant or agreement contained in a motor carrier transportation contract or a related access agreement under which the motor carrier transporter enters on property for the purpose of loading, unloading or transporting property, to the extent that the contract purports to indemnify, defend or hold harmless or has the effect of indemnifying, defending or holding harmless the indemnitee from or against any liability for loss or damage resulting from its own negligence or intentional acts or omissions is against the public policy of this state and is void and unenforceable. For purposes of this section, "motor carrier transportation contract" means a contract, agreement or understanding regarding:
(i) The transportation of property for compensation or hire;
(ii) Entrance on property for the purpose of loading, unloading or transporting property for compensation or hire; or
(iii) A service incidental to activity described in paragraphs (i) and (ii) of this subsection.
(b) Subsection (a) of this section shall not apply to a contract, subcontract or agreement that concerns or affects transportation involving a railroad. As used in this section, "motor carrier transportation contract" shall not include the uniform intermodal interchange and facilities access agreement administered by the intermodal association of North America, or other agreements providing for the interchange, use or possession of intermodal chassis, containers or other intermodal equipment.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-102 - Definitions.

40-19-102. Definitions.
(a) As used in this act:
(i) "Administrator" means the state banking commissioner;
(ii) "Advertisement" means a commercial message in any medium that solicits a consumer to enter a rental-purchase agreement;
(iii) "Business day" means any day other than Sunday or a legal holiday;
(iv) "Cash sale price" means the price stated in a rental-purchase agreement for which the merchant would have sold and the consumer would have bought the property which is the subject matter of a rental-purchase agreement if the transaction had been a sale for cash. The cash sale price may include any applicable taxes to the extent imposed on the cash sale;
(v) "Consumer" means an individual who rents property under a rental-purchase agreement to be used primarily for personal, family or household purposes;
(vi) "Consummation" means the date on which a consumer enters a rental-purchase agreement;
(vii) "Fee" means any payment, charge, fee, cost or expense whether mandatory or optional that a consumer pays in addition to periodic payments in connection with a rental-purchase agreement;
(viii) "Merchant" means a person who regularly provides the use of property under rental-purchase agreements and to whom rental payments are initially payable on the face of the rental-purchase agreement;
(ix) "Periodic payment" means the rent a consumer pays weekly, monthly or otherwise for the use of property pursuant to a rental-purchase agreement;
(x) "Property" means personal property of which a consumer acquires use under a rental-purchase agreement;
(xi) "Rental-purchase agreement" means an agreement between a consumer and merchant for the use of property by the consumer primarily for personal, family or household purposes:
(A) For an initial period of four (4) months or less;
(B) That is automatically renewable with each payment after the initial period;
(C) That does not obligate or require the consumer to continue renting or using the property beyond the initial period; and
(D) That permits the consumer to become the owner of the property.
(xii) "This act" means W.S. 40-19-101 through 40-19-120.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-103 - Notices.

40-19-103. Notices.
Notices required by this act shall be given personally or sent by first class or registered mail to the known residential address of the consumer. Notice, if last by mail, is given when deposited in a mailbox properly addressed and postage prepaid.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-104 - Application.

40-19-104. Application.
(a) This act applies to rental-purchase agreements and acts, practices or conduct related to a rental-purchase agreement entered into in this state.
(b) For the purposes of this act, the residence of the consumer is the address given by the consumer as the consumer's residence in writing signed by the consumer in connection with the rental-purchase agreement. Unless the consumer notifies the merchant of a new or different residence address, the given residence is presumed to be unchanged.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-105 - Inapplicability of Other Laws; Exempt Transactions.

40-19-105. Inapplicability of other laws; exempt transactions.
(a) Rental-purchase agreements as defined in this act are not governed by laws relating to:
(i) Transactions governed under the Wyoming Uniform Consumer Credit Code; or
(ii) "Security interests" as defined by W.S. 34.1-1-201(a)(xxxvii).
(b) This act does not apply to the following:
(i) Rental-purchase agreements primarily for business, commercial or agricultural purposes or those in which either party is a governmental agency or instrumentality;
(ii) A lease or bailment of personal property which is incidental to the lease of real property and which provides that the consumer has no option to purchase the leased property.