reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-13 - Appeal

Current through July 13, 2024
Each appeal filed by the respondent shall contain a statement
				  in ordinary precise language of the matter that is being appealed, and the
				  defense or the position of the respondent. The defense or position of the
				  respondent shall include specific references to legal authority and facts which
				  support the respondents position or defense.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-14 - Discovery and Depositions

Current through July 13, 2024
(a) Until thirty
				(30) days before the hearing or other date determined by the hearing officer,
				discovery and the taking of depositions shall be available to the parties as
				provided in
				W.S.
				16-3-107.
(b) The Commissioner is subject to the
				discovery provisions of this Section but neither the Commissioner nor any
				employee of the Division shall be required to disclose protected material, nor
				shall any of them be compelled to testify or give a deposition. Discovery
				sought from any employee of the Division initially shall be by written
				application to the Commissioner. If the Commissioner refuses to allow discovery
				in whole or in part, the aggrieved party may apply to the district court for
				the district in which the hearing is to be conducted for an order directed to
				the appropriate person to compel discovery.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-15 - Pre-hearing Conference; Agenda

Current through July 13, 2024
(a) At least five
				(5) days before the hearing, the hearing officer shall conduct a pre-hearing
				conference to consider the matters specified in subsection (d) of this Section.
				All parties shall attend the conference. The hearing officer may require each
				party to submit a memorandum to address the matters specified in subsection (d)
				of this Section. The conference may be conducted by telephone conference call
				or other suitable means by which all persons who are part of the conference may
				actively participate in the conference and can be heard by all other persons
				who are part of the conference.
(b)
				The hearing officer shall give each party at least five (5) days notice of the
				date, time and place for the pre-hearing conference.
(c) The following matters shall be considered
				at the pre-hearing conference:
(i) The names
				and addresses of witnesses whom each party intends to call to testify at the
				hearing, together with a detailed summary of the testimony expected from each
				witness;
(ii) The documentary
				evidence each party intends to introduce at the hearing;
(iii) The number, description, and purpose of
				all demonstrative exhibits each party intends to use at the hearing;
(iv) Material facts, if any, of which the
				Commissioner will be requested to take official notice pursuant to
				W.S.
				16-3-108(d);
(v) Stipulations of fact and documentary
				evidence to be admitted into the record;
(vi) Matters requiring consideration or
				submission to the Commissioner in executive session;
(vii) The length of time to be devoted to
				presentation of cases and delivery of opening and closing statements;
(viii) Any other matters that will simplify
				the issues or otherwise allow the hearing to be conducted more efficiently and
				quickly; and
(ix) A determination
				as to whether briefs are to be filed.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-16 - Right to Appear at Hearing; Public Comment

Current through July 13, 2024
(a) Only parties
				may appear before the hearing officer at a hearing. Whether for himself or in a
				representative capacity, any individual may testify provided that he is called
				by a party or by the hearing officer.
(b) The hearing officer, in his discretion,
				may permit persons in attendance at the hearing to present oral comments at the
				conclusion of the hearing. The Commissioner and the parties may ask questions
				of any person who presents oral comments at the hearing.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-17 - Open Hearing; Executive Session

Current through July 13, 2024
(a)The hearing
				shall be open to the public except as otherwise provided in this Chapter. If a
				person disrupts a hearing or otherwise renders unfeasible the orderly conduct
				of the hearing, the Commissioner or hearing officer shall remove the person
				from the hearing and continue in session, or they may recess the
				hearing.
(b) At any time during the
				hearing, the Commissioner or hearing officer may adjourn and reconvene in
				executive session to consider protected material. Executive sessions of the
				hearing shall not be open to the public.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-18 - Order of Procedure

Current through July 13, 2024
(a) The hearing
				shall be conducted substantially as follows:
(i) The hearing officer shall call the
				hearing to order and call the case to be heard;
(ii) The hearing officer shall address any
				motions or preliminary matters to be heard, including introduction of exhibits,
				stipulated facts and evidence, and matters to be noticed officially by the
				Commissioner;
(iii) The hearing
				officer shall administer to all witnesses an oath or affirmation in
				substantially the manner prescribed in
				W.S.
				1-12-114;
(iv) Each party may make an opening
				statement, in the same order as evidence is to be presented, as set forth in
				this Section;
(v) The respondent
				shall present its case;
(vi) All
				other parties shall present their respective cases in the order prescribed by
				the hearing officer;
(vii) All
				parties shall be accorded a reasonable amount of time to cross-examine
				witnesses presented by another party;
(viii) All parties may present rebuttal
				evidence, if any, in the order and within the time limits prescribed by the
				hearing officer; and
(ix) Each
				party may make a closing statement. The hearing officer shall determine the
				amount of time for each party to make its closing statement.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-19 - Nature of Hearing; Presentation of Evidence

Current through July 13, 2024
(a) The
				purpose of the hearing is to obtain a full and true disclosure of all relevant
				and material facts so that the findings, decisions and orders of the hearing
				officer are rendered upon information as complete and trustworthy as is
				practicable. Hearings are not intended to be adversarial in nature.
(b) The taking of evidence shall be governed
				by W.S.
				16-3-108. Documentary and other physical
				evidence submitted for the Commissioners consideration shall be marked as
				exhibits. Upon such marking, such evidence shall become part of the
				record.
(c) The hearing officer
				shall exercise reasonable control over the manner and order of questioning
				witnesses and presenting other evidence so as to:
(i) make more effective the ascertainment of
				the truth and a full and true disclosure of relevant and material
				facts;
(ii) avoid needless
				consumption of time;
(iii) avoid
				presentation of irrelevant, immaterial or unduly repetitious
				evidence;
(iv) avoid the public
				disclosure of protected material;
(v) protect the witness from harassment and
				undue embarrassment; and
(vi)
				maintain an orderly and efficient hearing.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-20 - Reopening of Hearing

Current through July 13, 2024
Upon reasonable notice to all parties, the hearing officer
				  may reopen the hearing at any time prior to the issuance of his findings of
				  fact, his conclusions of law and his decision and/or order relating to the
				  hearing. To the extent possible, a reopened hearing shall be held in the same
				  community and at the same location as the initial hearing.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-21 - Records of Hearing and Executive Sessions

Current through July 13, 2024
(a) The record
				of the hearing shall include:
(i) all formal
				and informal notices, pleadings, motions and intermediate rulings;
(ii) evidence received or considered,
				including matters officially noticed;
(iii) questions and offers of proof,
				objections and rulings on the same; and
(iv) any opinion, findings, conclusions,
				decision or order of the Commissioner or the hearing officer.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-22 - Recording of Hearings

Current through July 13, 2024
The hearing shall be recorded verbatim steno graphically, or
				  by court reporter, videotape, audiotape or any other means of verbatim
				  recording as may be determined by the Commissioner or hearing
				  officer.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-23 - Findings and Conclusions

Current through July 13, 2024
(a) In any
				proceeding before the Commissioner:
(i) The
				parties have a right to submit proposed findings of fact and conclusions of law
				or a proposal for decision. The hearing officer shall set reasonable deadlines
				for submission of proposed findings of fact and conclusions of law.
(ii) Proposed findings of fact submitted
				under this section must be supported by concise and explicit statements of
				underlying facts developed from the record with specific reference to where in
				the record the facts appear.
(iii)
				The Commissioner may direct the hearing officer to write proposed findings of
				fact and conclusions of law.
(iv)
				The Commissioner shall consider the findings of fact and conclusions of law
				and;
(A) adopt the proposed findings of fact
				and conclusions of law, in whole or in part;
(B) decline to adopt the proposed findings of
				fact and conclusions of law, in whole or in part; or
(C) direct the hearing officer to give
				further consideration to the proceeding with or without reopening the
				hearing.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0006 - Residential Mortgage Practices › Chapter 5 - RULES OF PRACTICE BEFORE THE COMMISSIONER › Section 5-24 - Unclaimed Exhibits

Current through July 13, 2024
Within sixty (60) days after the expiration of all periods
				  within which an appeal of a final determination must be filed, the parties
				  shall retrieve all exhibits. After that time, the Commissioner may dispose of
				  any exhibits not so retrieved.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 1 - ORGANIZATION, LICENSING, RECORDS › Section 1-1 - Authority

Current through July 13, 2024
(a) Generally,
				these Rules and Regulations (herein after referred to as the "Rules") are
				promulgated pursuant to
				W.S.
				16-3-102(a)(i). Some
				Chapters are also promulgated pursuant to other, more specific statutory
				authority, as specified in such Chapter.
(b) The Administrator may employ a Deputy
				Administrator. If the Office of the Administrator is vacant or if the
				Administrator is absent or unable to act, the Deputy Administrator shall be the
				Acting Administrator.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 1 - ORGANIZATION, LICENSING, RECORDS › Section 1-2 - Definitions

Current through July 13, 2024
(a) For the
				purposes of the Code and Chapter 1 and 4 of these Rules, the following
				definitions apply:
(i) "Actuarial method"
				means the allocating of payments made on a debt between principal and loan
				finance charge or credit service charge pursuant to which:
(A) With respect to transactions other than
				precomputed, payment is applied first to the accumulated loan finance charge or
				credit service charge and the balance is applied to the unpaid
				principal.
(B) With respect to
				precomputed transactions entered into on or after May 25, 1979, and payable
				according to their original terms in more than sixty-one (61) monthly
				installments, the unearned portion of the loan finance charge or credit service
				charge is, at the option of the creditor, either:
(I) That portion which is applicable to all
				fully unexpired computational periods as originally scheduled, or if deferred,
				as deferred, which follow the date of prepayment. For this purpose the
				applicable charge is the total of that which would have been made for each such
				period, had the consumer loan or consumer credit sale not been precomputed, by
				applying to unpaid balances of principal the annual percentage rate previously
				stated to the debtor pursuant to the provisions of the Code on disclosure based
				on the assumption that all payments were made as originally scheduled, or if
				deferred, as deferred. The creditor, at his option, may round the annual
				percentage rate to the nearest one quarter of one percent (.25%) if such
				procedure is not consistently used to obtain greater yield than would otherwise
				be permitted; or
(II) The total
				loan finance charge or credit service charge minus the earned loan finance
				charge or credit service charge. The earned loan finance charge or credit
				service charge shall be determined by applying the annual percentage rate
				previously stated to the debtor pursuant to the provisions of the Code on
				disclosure to the actual unpaid balances for the actual time the balances were
				unpaid up to the date of prepayment. If a delinquency or deferral charge was
				collected, it shall be treated as a payment.
(C) The option referred to in paragraph
				(i)(B)(I) above must be taken and disclosed to the debtor at the time the
				transaction is entered into. If disclosure is not clearly given as to the
				option to be used, the creditor will be deemed to have chosen that option
				discussed in paragraph (i)(B)(II) above.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 1 - ORGANIZATION, LICENSING, RECORDS › Section 1-3 - Computation of Time

Current through July 13, 2024
Unless otherwise stated, in computing any time period
				  prescribed by these Rules, the day of the act or event from which the time
				  period begins to run shall not be included. The last day of the period so
				  computed shall be included, unless it is a Saturday, a Sunday, or a legal
				  holiday, in which event the period runs until the end of the next day which is
				  not a Saturday, a Sunday, or a legal holiday. When the period is less than
				  eleven (11) days, Saturdays, Sundays, and legal holidays shall be excluded in
				  the computation.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 1 - ORGANIZATION, LICENSING, RECORDS › Section 1-4 - Application/Licensing

Current through July 13, 2024
(a) An application
				to obtain a license shall be filed with the Administrator through the registry.
				This includes applications seeking licenses as consumer lenders, pawnbrokers,
				post-dated check cashers and sales finance companies. An application shall be
				considered "filed" only after all information and appropriate processing fees
				required by the Administrator have been received from the applicant.
(b) Each applicant shall provide all of the
				information prescribed by the Administrator, as applicable.
(c) Pursuant to
				W.S.
				40-14-634(c), each filed
				application for one (1) or more licenses shall be accompanied by:
(i) A three hundred dollar ($300.00)
				processing fee for the first license (principal license) for each license type;
				and
(ii) An additional processing
				fee of one hundred fifty dollars ($150.00) for each additional license (branch
				license) for each license type.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 1 - ORGANIZATION, LICENSING, RECORDS › Section 1-5 - Change of Ownership

Current through July 13, 2024
(a) Change of
				effective ownership interest. A licensee shall notify the administrator in
				writing at least thirty (30) days prior to the effective date of any change of
				effective ownership interest that is not a change of ownership under Section
				2(a)(iii) of this Chapter.
				The Administrator may require the licensee to provide additional information or
				apply for a new license in the manner prescribed under Section
				4 of this
				Chapter.
(b) Change of ownership. A
				licensee shall notify the administrator in writing at least sixty (60) days
				prior to the effective date of a change of ownership. The new owners shall
				apply for a new license in the manner prescribed under Section
				4 of this
				Chapter.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 1 - ORGANIZATION, LICENSING, RECORDS › Section 1-6 - Modification

Current through July 13, 2024
Pursuant to
				  W.S.
				  40-14-634(g)(ii), a license
				  modification fee of fifty dollars ($50.00) shall be assessed to any licensee
				  who wishes to move his office to another location.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 1 - ORGANIZATION, LICENSING, RECORDS › Section 1-7 - Annual Renewal

Current through July 13, 2024
Pursuant to
				  W.S.
				  40-14-634(h), the annual
				  license renewal fee shall be fifty dollars ($50.00) plus any fees assessed by
				  the registry.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 1 - ORGANIZATION, LICENSING, RECORDS › Section 1-8 - Records

Current through July 13, 2024
If any book, log, journal, document, record or information
				  relevant and necessary to the examination or investigation is kept or
				  maintained electronically, the business examined or investigated shall provide
				  such data or access to data in an electronic format when requested by the
				  Administrator.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 1 - ORGANIZATION, LICENSING, RECORDS › Section 1-9 - Transition of Licensees Under W.S. 40-14-342

Current through July 13, 2024
(a) Any person
				licensed pursuant to
				W.S.
				40-14-342 as of June 30, 2021, is considered
				licensed as a consumer lender effective July 1, 2021.
(b) For any person licensed as a consumer
				lender under subsection (a) of this section, any surety bond maintained
				pursuant to
				W.S.
				40-14-637 shall remain a continuing
				obligation and remain effective after June 30, 2021.
(c) No license is surrendered, revoked or
				expired for purposes of
				W.S. 40-14-637(d)
				 in connection with any person becoming
				licensed as a consumer lender pursuant to subsection (a) of this section.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 2 - DISCLOSURE AND ADVERTISING › Section 2-1 - Authority, Purpose, and Enforcement

Current through July 13, 2024
(a) Authority.
				W.S.
				40-14-102(b)(vi) and (c),
				40-14-222(f),
				40-14-320(e), and
				40-14-604(b) and
				(c) evidence the clear intent and purpose of
				the legislature to, whenever practicable, maintain consistency and conform the
				Code and Rules issued there under to the Federal Consumer Credit Protection Act
				and Regulation Z issued by the Board of Governors of the Federal Reserve
				System.
(b) This Chapter implements
				the Code, a purpose of which is to assure that every customer who has need for
				consumer credit is given meaningful information with respect to the cost of
				that credit which, in most cases, must be expressed in the dollar amount of
				finance charge, and as an annual percentage rate computed on the unpaid balance
				of the amount financed. Other relevant credit information must also be
				disclosed so that the customer may readily compare the various credit terms
				available to him from different sources and avoid the uninformed use of credit.
				This Chapter also implements the provision of the Code under which a customer
				has a right in certain circumstances to cancel a credit transaction that
				involves a lien on his residence. Advertising of consumer credit terms and
				consumer lease terms must comply with specific requirements, and certain credit
				terms may not be advertised unless the creditor usually and customarily extends
				such terms. This Chapter is also designed to assure that lessees of personal
				property are given meaningful disclosures of lease terms, to delimit the
				ultimate liability of lessees in leasing personal property and to require
				meaningful and accurate disclosures of lease terms in advertisements. The Code
				encompasses many aspects of consumer credit; this Chapter relates primarily to
				disclosures and advertising for consumer credit necessary to preserve
				consistency between the Code and the Federal Consumer Credit Protection Act and
				regulations issued thereunder referred to in Section
				2 of this
				Chapter.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 2 - DISCLOSURE AND ADVERTISING › Section 2-2 - Adoption of Regulation Z

Current through July 13, 2024
(a) Regulation Z,
				as issued and amended as of October 1, 2011, by the Board of Governors of the
				Federal Reserve System to implement the Federal Truth in Lending Act, which is
				contained in Title I of the Consumer Credit Protection Act (
				15 U.S.C.
				1601 et seq.) is hereby adopted as if fully
				set forth herein, except as otherwise set forth in this Chapter. Incorporation
				of the full text of Reg. Z in these Rules would be unduly cumbersome or
				expensive. These Rules do not include any later amendments or editions of
				Regulation Z past October 1, 2011. If any provision of Regulation Z is in
				conflict with the Code, the Code provision shall control. Copies of Reg. Z are
				available for public inspection at the Department of Audit, Division of
				Banking, 122 W. 25th Street,
				3rd Floor East, Cheyenne, Wyoming 82002. Copies of
				Reg. Z are available at cost from the Department of Audit, Division of
				Banking.
(b) Except as otherwise
				provided herein, this Chapter applies to all persons who are creditors and to
				all persons who are lessors, as defined in these Rules.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 2 - DISCLOSURE AND ADVERTISING › Section 2-3 - Provisions of Regulation Z modified or not adopted

Current through July 13, 2024
(a) The
				following sections of Reg. Z are hereby modified:
(i) The disclosures required under Section
				226.13 of Reg.Z are not adopted by these Rules because Wyoming has not adopted
				the Fair Credit Billing Act,
				15 U.S.C.
				1666. It should be noted that federal law
				does require creditors to abide by Section 226.13 of Reg. Z in order to meet
				federal billing error resolution requirements.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 2 - DISCLOSURE AND ADVERTISING › Section 2-4 - Insurance Refunds

Current through July 13, 2024
(a) If insurance
				terminates prior to the end of the term for which it was written because of
				prepayment in full of the consumer credit transaction,
(i) And if the contract is held by the
				original creditor he shall make a prompt refund of unearned premium directly to
				the debtor, or
(ii) If the contract
				has been assigned, the assignee shall make a prompt refund of the unearned
				premium directly to the debtor, or send a notice in substantially the following
				form to the original creditor via U.S. mail with a copy to the consumer and
				retain a copy in its files:
Date ........................................
Dear ........................................
The account of your customer
				  .................................... (consumer & address) ................
				  was paid in full on ............. (date) .......
Under Wyoming law the consumer is entitled to a refund of
				  unearned credit insurance premiums. You must obtain a prompt refund from the
				  insurer or make the refund yourself.
Signed
				  ......................................................
(Assignee)
Notice to Consumer
If you have difficulty obtaining the refund to which you are
				  entitled contact:
Administrator
Wyoming Uniform Consumer Credit Code
3rd Floor East, Herschler
				  Building
Cheyenne, Wyoming 82002
Phone:307-777-7797
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 3 - WYOMING CONSUMER RENTAL-PURCHASE AGREEMENT ACT › Section 3-1 - Authority

Current through July 13, 2024
The Rules governing the Wyoming Consumer Rental-Purchase
				  Agreement Act are adopted pursuant to
				  W.S.
				  40-19-118(b).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 3 - WYOMING CONSUMER RENTAL-PURCHASE AGREEMENT ACT › Section 3-2 - Definitions

Current through July 13, 2024
(a) As used in this
				Chapter and the Wyoming Consumer Rental-Purchase Agreement Act:
(i) All of the definitions set forth in
				W.S.
				40-19-102 are incorporated herein by
				reference.
(ii) "Financial
				statement" means any report summarizing the financial condition or financial
				results of an applicant on any date or for any period. Financial statements
				include the balance sheet and the income statement.
(iii) "Initial period" means from the date of
				inception to the first scheduled payment.
(iv) "Monthly" means each calendar month.
				Monthly payments shall expire on the same date in the succeeding month if there
				is such a date, otherwise on the last day of the succeeding month. If the
				payment due date is not a business day, the periodic payment shall expire on
				the next business day.
(v)
				"Regularly provides" means providing the use of property under rental-purchase
				agreements, but only if the merchant made more than twenty-five (25) such
				agreements in the preceding calendar year. If a merchant did not meet these
				numerical standards in the preceding calendar year, the numerical standards
				shall be applied to the current calendar year.
(vi) "Weekly" means every seven (7)
				consecutive calendar days. Weekly payments shall expire on the same day in the
				succeeding week. If the payment due date is not a business day, the periodic
				payment shall expire on the next business day.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 3 - WYOMING CONSUMER RENTAL-PURCHASE AGREEMENT ACT › Section 3-3 - License Required

Current through July 13, 2024
(a) Any merchant
				who regularly provides the use of property under rental-purchase agreements
				shall apply for a license to conduct business as a rental-purchase merchant at
				the location where the merchandise is displayed or offered under a
				rental-purchase agreement, whether or not that location is owned by the
				merchant. Each applicant shall provide all of the information required on the
				license application form prescribed by the Administrator, as
				applicable.
(b) The completed
				application shall be accompanied by a processing fee of three hundred dollars
				($300.00), made payable to the Department of Audit.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 3 - WYOMING CONSUMER RENTAL-PURCHASE AGREEMENT ACT › Section 3-4 - Licensing Standards, Fees

Current through July 13, 2024
(a) A license to
				engage in the business as a rental-purchase merchant will be issued to an
				applicant if the Administrator, upon investigation and evaluation of the
				completed application and all other relevant information, determines that all
				of the requirements of
				W.S.
				40-19-114 have been met.
(b) The Administrator may deny an application
				to engage in the business as a rental-purchase merchant if the Administrator,
				upon investigation and evaluation of the completed application and all other
				relevant information, determines that:
(i) The
				applicant has not satisfied the requirements of
				W.S.
				40-19-114;
(ii) The applicant has violated any provision
				of W.S.
				40-19-101 through
				40-19-120;
(iii) The applicant has violated any state or
				federal law applicable to the conduct of the business of a rental-purchase
				merchant including, but not limited to, any rule, regulation or administrative
				order or directive promulgated thereunder;
(iv) The applicant has conducted, or from the
				information provided it appears to the Administrator that the applicant will
				conduct, its business in an unsafe and unsound manner; or
(v) The applicant has engaged in conduct
				which has resulted in the suspension or revocation of its license to engage in
				the business as a rental-purchase merchant by the licensing authority of any
				other state.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 3 - WYOMING CONSUMER RENTAL-PURCHASE AGREEMENT ACT › Section 3-5 - Modification

Current through July 13, 2024
(a) Pursuant to
				W.S.
				40-19-114(h)(ii), if the
				merchant wishes to move to another location, the merchant shall:
(i) Give at least thirty (30) days written
				notice to the Administrator; and,
(ii) Pay a license modification fee of fifty
				dollars ($50.00) for each license required to be modified, made payable to the
				Department of Audit.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 3 - WYOMING CONSUMER RENTAL-PURCHASE AGREEMENT ACT › Section 3-6 - Annual Renewal

Current through July 13, 2024
As required by
				  W.S.
				  40-19-114(j), merchants
				  licensed under the Wyoming Consumer Rental-Purchase Agreement Act shall pay an
				  annual license renewal fee of fifty dollars ($50.00) per license location, made
				  payable to the Department of Audit.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 3 - WYOMING CONSUMER RENTAL-PURCHASE AGREEMENT ACT › Section 3-7 - Additional Charges

Current through July 13, 2024
(a) In addition to
				rental payments, a merchant may contract for and receive the following
				additional charges in connection with a rental-purchase agreement:
(i) A reinstatement fee pursuant to
				W.S.
				40-19-108(a)(xi). The
				reinstatement fee may not exceed the greater of 5% of the delinquent payment or
				two dollars ($2.00). Only one reinstatement fee may be assessed and collected
				on any delinquent payment, regardless of how long the payment remains
				unpaid;
(ii) An optional pickup fee
				not to exceed twenty dollars ($20.00) for three (3) or fewer items or forty
				dollars ($40.00) for four (4) or more items that are actually picked
				up;
(iii) An optional redelivery
				fee not to exceed twenty dollars ($20.00) for three (3) or fewer items or forty
				dollars ($40.00) for four (4) or more items that are actually
				redelivered;
(iv) A liability
				damage waiver fee may be contracted for and received pursuant to W.S.
				W.S.
				40-19-111(a).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 3 - WYOMING CONSUMER RENTAL-PURCHASE AGREEMENT ACT › Section 3-8 - Notice of Default and Right to Cure

Current through July 13, 2024
A notice in substantially the following form complies with
				  the requirement in
				  W.S.
				  40-19-109(b):
(Name, address and telephone number of merchant)
(Account number, if any)
(Brief description of transaction)
(Date) is LAST DATE FOR PAYMENT
(Amount) is the AMOUNT DUE NOW
You have failed to renew your rental agreement(s). If you pay
				  the AMOUNT DUE NOW (above) by the LAST DATE FOR PAYMENT (above), you may
				  continue with the contract as though you had renewed on time. If you do not pay
				  by that date, we may exercise our rights under the law. You may be required to
				  pay reasonable costs authorized by law.
PLEASE NOTE: As of the LAST DATE FOR PAYMENT (above) you will
				  owe the following additional payments:
_____________________________________
(date due) (amount)
In order to cure your account fully, the payment or payments
				  listed above must also be paid in full on or before the LAST DATE FOR PAYMENT.
				  If you have questions, promptly write or telephone (name of
				  merchant).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-1 - Authority

Current through July 13, 2024
This Chapter is promulgated in part pursuant to W.S. §
									
										16-3-102(a)(i) (mandate to
				  promulgate rules of practice and procedure).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-2 - Wyoming Administrative Procedures Act (WAPA)

Current through July 13, 2024
The WAPA as defined by
				  W.S.
				  16-3-101 et seq.
is incorporated
				  herein by reference.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-3 - Wyoming Rules of Civil Procedure (WRCP)

Current through July 13, 2024
The WRCP insofar as they are applicable and not inconsistent
				  with the WAPA are incorporated herein by reference.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-4 - Definitions

Current through July 13, 2024
(a) For purposes of this Chapter, the
				following definitions apply:
(i) "Adjustment
				order" means an order issued pursuant to
				W.S.
				40-14-616.
(ii) "Appeal period" means the period of
				twenty (20) days after the notice date.
(iii) "Cease and desist order" means an order
				that instructs the ordered person to cease and desist from proscribed
				activity.
(iv) "Contested case"
				means any formal or investigative hearing before the Administrator.
(v) "Hearing" means a public hearing before
				the Administrator on an application as provided in W.S. W.S.
				W.S.
				40-14-634, W.S. W.S.
				W.S.
				40-19-114, or W.S. W.S.
				W.S.
				40-14-643(c), or an appeal
				from the Administrators notice of intent.
(vi) "Hearing date" means the date set by the
				hearing officer for the hearing. The hearing date shall be no less than ten
				(10) days and no more than ninety (90) days from the date the appeal is filed
				with the Administrator. Upon agreement of the parties and the hearing officer,
				the hearing date may be extended past ninety (90) days from the date the appeal
				is filed.
(vii) "Hearing notice"
				means the notice of the hearing given by the hearing officer to the
				respondent.
(viii) "Hearing
				officer" means the any person appointed by the Administrator to preside over a
				contested case.
(ix) "Notice date"
				means the date on which the ordered person is served with a notice of intent,
				which shall conclusively be the date shown on the return receipt or other
				reliable report of service.
(x)
				"Notice of intent" means the notice given by the Administrator that he intends
				to issue a final order.
(xi)
				"Order" means a cease and desist order, penalty order, order to show cause,
				adjustment order, or any other order issued by the Administrator.
(xii) "Ordered person" means a person who or
				which is the subject of an order and upon whom or which the order is to operate
				directly.
(xiii)"Order to show
				cause" means an order issued pursuant to W.S. W.S.
				W.S.
				40-14-635 or W.S. W.S.
				W.S.
				40-19-115.
(xiv) "Penalty order" means an order, or such
				portion of an order, that imposes a civil monetary penalty.
(xv) "Person" means an individual,
				corporation, partnership, trust, association, or other entity.
(xvi) "Proscribed activity" means, as
				determined by the Administrator, any action or inaction that violates the
				Wyoming Uniform Consumer Credit Code or the Wyoming Rental-Purchase Agreement
				Act.
(xvii) "Respondent" means the
				person whose legal rights, duties, privileges, or conduct are the subject of a
				formal or investigative hearing before the Administrator.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-5 - Issuance of Orders

Current through July 13, 2024
(a) The
				Administrator is empowered to issue orders under the Wyoming Uniform Consumer
				Credit Code and the Wyoming Rental-Purchase Agreement Act. All orders shall be
				in writing.
(b) All orders shall be
				delivered to the ordered person;
(i) by
				certified mail, addressed to the last known address of the ordered person, as
				shown on the records of the Administrator; or
(ii) in the manner provided for service of
				process under the Wyoming Rules of Civil Procedure.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-6 - Content of Notices of Intent and Orders

Current through July 13, 2024
(a) A notice of
				intent shall include the following:
(i) The
				name and street mailing address of each ordered person;
(ii) The effective date of the order, unless
				specified in the order;
(iii) A
				copy of the order; and
(iv) A
				statement informing the ordered person that it has the right to a hearing on
				the order before the Administrator and that failure to request a hearing within
				the appeal period will result in the waiver of the right to appeal the order
				before the Administrator.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-7 - Representation before the Administrator; Notice of Appearance

Current through July 13, 2024
(a) A person may represent itself, or may be
				represented either by a Wyoming attorney or by a qualified foreign attorney, in
				proceedings before the Administrator.
(b) Each Wyoming attorney and each qualified
				foreign attorney shall file with the Administrator a notice of appearance
				before representing a party in connection with a hearing under this Chapter. In
				the case of a qualified foreign attorney, the notice of appearance shall have
				no meaning or effect unless and until his associated Wyoming attorney shall
				have also filed with the Administrator a notice of appearance. All notices of
				appearance shall set forth all facts necessary to determine that the attorney
				is either a Wyoming attorney or a qualified foreign attorney and is authorized
				to represent his client under this Section.
(c) Administrator counsel shall not be
				required to file a notice of appearance.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-8 - Ex Parte Communication

Current through July 13, 2024
Unless required for the disposition of ex parte matters
				  authorized by law, the hearing officer shall not consult directly or indirectly
				  with any party regarding a submission, except as allowed under
				  W.S.
				  16-3-111. A request for status of a
				  proceeding is not an ex parte communication.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-9 - Confidentiality

Current through July 13, 2024
(a) All matters and proceedings arising out
				of or related to an application or a suspension, revocation, or an order shall
				be confidential, except as otherwise provided in this Section.
(b) At the hearing, the hearing officer may
				adjourn the public portion of the hearing at any time to consider or receive
				any protected material in a session that is not open to the public. To the
				extent that information is disclosed at public portions of the hearing, such
				information shall not be confidential.
(c) The hearing officers findings of fact and
				conclusions of law and report and recommendation to the Administrator shall not
				be confidential and shall be available for public inspection under the Wyoming
				Public Records Act.
(d) After the
				Administrator has rendered his final decision after the hearing, any written
				report of such decision shall not be confidential and shall be available for
				public inspection under the Wyoming Public Records Act.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-10 - Appointment of Hearing Officer

Current through July 13, 2024
(a) Promptly after
				an appeal is filed with the Administrator, the Administrator may appoint a
				hearing officer to preside at any proceeding before the
				Administrator.
(b) The hearing
				officer shall have all powers necessary to conduct the hearing fairly and
				impartially, including the power to:
(i)
				Administer oaths and affirmations;
(ii) Issue subpoenas;
(iii) Rule upon offers of proof and receive
				relevant evidence;
(iv) Take
				depositions or cause depositions to be taken;
(v) Regulate the course of the
				hearing;
(vi) Hold conferences for
				the settlement or simplification of issues;
(vii) Dispose of procedural requests and
				similar matters;
(viii) Make
				proposed findings of fact, proposed conclusions of law and recommended
				decisions, but only as and when directed by the Administrator; and
(ix) Take any other action authorized by the
				Wyoming Administrative Procedure Act or these Rules.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-11 - Transcripts of Hearings

Current through July 13, 2024
(a) If a person
				desires a copy of those portions of the recording of a hearing that are
				available for public inspection, it shall request the same in writing. Such
				request shall be delivered to the Administrator, along with a fee that the
				Administrator shall determine on a case-by-case basis to recoup the total cost
				of services and materials necessary to make the copy, including any editing
				necessary to prevent the disclosure of protected material. Upon receipt of the
				request and the required fee, the Administrator shall provide such copy to the
				requesting party as soon as practicable.
(b) If a party desires that a hearing be
				transcribed by court reporter, it must so inform the Administrator and the
				hearing officer in writing and make the necessary arrangements and pay all
				associated costs related to the same. In each such case, the court reporter
				shall not record protected material nor any proceedings that the party
				providing the court reporter is not permitted to attend.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-12 - Form and Content of Filings

Current through July 13, 2024
(a) All pleadings
				filed with the Administrator shall be printed or typewritten.
(b) After a case has been assigned a docket
				number, all pleadings filed therein shall bear the title, "Before the
				Administrator," and docket number of the case in which they are
				filed.
(c) Signing of pleadings.
				Every party who is not represented by an attorney shall sign his pleadings and
				state his address. Every pleading of a party represented by an attorney shall
				be signed by the attorney and shall show his address.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-13 - Service of Process; Delivery of Other Materials; Use of Overnight Couriers

Current through July 13, 2024
(a) Whenever any document or other material
				that is required to be served on, filed with or otherwise delivered to the
				Administrator or hearing officer, such service, filing or delivery shall be
				made in any manner permitted under the Wyoming Rules of Civil Procedure for
				service of process.
(b) Whenever
				any document or other material is required to be served on or otherwise
				delivered to a party in connection with proceedings before the Administrator,
				such service or delivery shall be made upon:
(i) If such party is represented by counsel
				who has filed a notice of appearance in accordance with Section
				7, then
				upon such counsel; or
(ii) If such
				party is an entity or a group of individuals and is not represented by counsel,
				then upon the agent designated by such party for service of process;
				or
(iii) In all other
				circumstances, upon such party.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-14 - Appeal

Current through July 13, 2024
Each appeal filed by the respondent shall contain a statement
				  in ordinary precise language of the matter that is being appealed, and the
				  defense or the position of the respondent. The defense or position of the
				  respondent shall include specific references to legal authority and facts which
				  support the respondents position or defense.