reglab/statecodes huggingface dataset:
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 4-15 - 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 Administrator is subject to the
				discovery provisions of this Section but neither the Administrator 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 Administrator. If the Administrator 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 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-16 - 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
				Administrator 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 Administrator 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 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-17 - 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 Administrator 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 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-18 - 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 Administrator 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 Administrator 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 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-19 - 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
				Administrator;
(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 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-20 - 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 Administrators 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 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-21 - 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 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-22 - 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 Administrator or the hearing officer.
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 4-23 - 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 Administrator or hearing
				  officer.
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 4-24 - Findings and Conclusions

Current through July 13, 2024
(a) In any
				proceeding before the Administrator:
(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 Administrator may direct the hearing officer to write proposed findings of
				fact and conclusions of law.
(iv)
				The Administrator 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 0007 - Uniform Consumer Credit Code › Chapter 4 - RULES OF PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATOR › Section 4-25 - 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 Administrator may dispose of
				  any exhibits not so retrieved.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 5 - LOAN ORIGINATOR LICENSING; FEES; INFORMATION CHALLENGE › Section 5-1 - Application/Licensing

Current through July 13, 2024
(a) Each mortgage
				loan originator applicant shall provide all of the information required on the
				license application form prescribed by the Administrator, as
				applicable.
(b) An application to
				obtain a mortgage loan originator license pursuant to
				W.S.
				40-14-642 shall be considered "filed" only
				after all information and appropriate processing fees required have been
				received by the Administrator.
(c)
				An application for a license is a continuing obligation up until approval and
				issuing of the license applied for. If information in an application becomes
				inaccurate after filing, the applicant shall promptly notify the
				Administrator.
(d) A mortgage loan
				originator license is only active if the mortgage loan originator is sponsored
				by a company engaged in business under the Code and registered with the
				registry. A mortgage loan originator can only be sponsored by and conduct
				business as a mortgage loan originator for only one company at any
				time.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 5 - LOAN ORIGINATOR LICENSING; FEES; INFORMATION CHALLENGE › Section 5-2 - Application Fee

Current through July 13, 2024
Pursuant to
				  W.S.
				  40-14-642(f), each
				  application for a mortgage loan originator license shall be accompanied by a
				  one hundred and twenty dollar ($120.00) application fee plus any fees assessed
				  by the registry.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 5 - LOAN ORIGINATOR LICENSING; FEES; INFORMATION CHALLENGE › Section 5-3 - License Renewal Fee; Reinstatement; Continuing Education

Current through July 13, 2024
(a) Pursuant to
				W.S.
				40-14-646(a)(iii), the
				mortgage loan originator license renewal fee shall be one hundred and twenty
				dollars ($120.00) plus any fees assessed by the registry.
(b) Pursuant to W.S.
				W.S.
				40-14-646(b) and
				W.S.
				40-14-647(h), if any
				licensed mortgage loan originator fails to satisfy the requirements for renewal
				of their license by December 1, that license shall expire on December 31. The
				mortgage loan originator shall have until March 1 of the year immediately
				following the year the license expired to satisfy all of the renewal
				requirements under
				W.S.
				40-14-646(a)(i), (ii) and
				(iii) and reinstate the license. Business as
				a mortgage loan originator may not be conducted after December 31 until such
				time as all of the renewal requirements have been satisfied and the license has
				been reinstated to active status on the registry. Failure to complete all of
				the renewal requirements by March 1 will result in final expiration of the
				license.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 5 - LOAN ORIGINATOR LICENSING; FEES; INFORMATION CHALLENGE › Section 5-4 - Information Challenge on Report to the Registry

Current through July 13, 2024
(a) Upon written
				request, an individual is entitled to a hearing to challenge any information
				relating to that individual entered onto the registry by the Administrator if
				the individual has previously provided a written challenge to the Administrator
				regarding such information and the Administrator has provided a written
				response that the information being challenged will not be removed from the
				registry.
(b) Notwithstanding any
				provision under the Wyoming Administrative Procedure Act, a request for hearing
				shall not be made more than fifteen (15) days after the individual has received
				notification by certified mail that information being challenged will not be
				removed from the registry by the Administrator and the supporting reasons for
				that decision.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0007 - Uniform Consumer Credit Code › Chapter 5 - LOAN ORIGINATOR LICENSING; FEES; INFORMATION CHALLENGE › Section 5-5 - Surety Bond

Current through July 13, 2024
(a) Pursuant to
				W.S.
				40-14-637, any organization employing or
				contracting with a mortgage loan originator shall obtain an initial surety bond
				in the amount of twenty five thousand dollars ($25,000.00). Annually thereafter
				and prior to January 31 of each year, the bond amount shall be adjusted based
				upon the total volume of residential mortgage loan business under the Code
				conducted by mortgage loan originators during the previous calendar year
				according to the following scale:
(i) If the
				total volume of Wyoming residential mortgage loan business under the Code
				conducted by mortgage loan originators was equal to or less than three million
				dollars ($3,000,000.00), the amount of the bond shall be twenty-five thousand
				dollars ($25,000.00).
(ii) If the
				total volume of Wyoming residential mortgage loan business under the Code
				conducted by mortgage loan originators was greater than three million dollars
				($3,000,000.00) but less than ten million dollars ($10,000,000.00) the amount
				of the bond shall be fifty thousand dollars ($50,000.00).
(iii) If the total volume of Wyoming
				residential mortgage loan business under the Code conducted by mortgage loan
				originators was equal to or greater than ten million dollars ($10,000,000.00)
				the amount of the bond shall be one hundred thousand dollars ($100,000.00).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0008 - Financial Technology Sandbox › Chapter 1 - Financial Technology Sandbox › Section 1-1 - Authority; Scope; Applicability of Other Rules; Definition

Current through July 13, 2024
(a) This Chapter is
				promulgated pursuant to Wyoming Statute ("W.S.")40-29-109(a).
(b) This Chapter governs activities relating
				to the financial technology sandbox, as defined by
				W.S.
				40-29-102(a)(v).
(c) All rules adopted by the Board and the
				Division, to the extent not waived by the Commissioner under
				W.S.
				40-29-103(a), apply to
				activities relating to the financial technology sandbox.
(d) As used in this Chapter, "sandbox
				participant" means a person who makes an innovative financial product or
				service available to consumers in the financial technology sandbox.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0008 - Financial Technology Sandbox › Chapter 1 - Financial Technology Sandbox › Section 1-2 - Waiver of Statutes/Rules by the Commissioner; Standards

Current through July 13, 2024
(a) Of the statutes
				in
				W.S.
				40-29-103(a), the
				Commissioner administers and may waive the following statutes and rules, or
				portions of these statutes and rules:
(i)
				W.S.
				W.S.
				13-1-101 through
				13-2-904(Banks),
				including the following rules:
(A) Chapters
				1, 3 and 4, Rules of the Board;
(B)
				Chapters 1 through 16, Rules of the Division.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0008 - Financial Technology Sandbox › Chapter 1 - Financial Technology Sandbox › Section 1-3 - Initial and Extension Applications

Current through July 13, 2024
(a) The
				Commissioner may consult with prospective sandbox participants before an
				application is filed in order to learn about the business model of the
				participant and determine whether the innovative financial product or service
				is appropriate for the sandbox. Consultations under this subsection shall be
				confidential.
(b) A prospective
				sandbox participant shall complete and submit a sandbox application to the
				Commissioner. The application shall be on a form posted on the Division's
				website and may be electronic. The application shall be verified under penalty
				of perjury pursuant to
				W.S.
				6-5-301.
(c) The ninety (90) day period in
				W.S.
				40-29-104(f) begins on the
				date a complete application is received by the Commissioner. The Commissioner
				may to refuse to accept an incomplete application.
(d) A sandbox participant may request an
				extension under
				W.S.
				40-29-108 by completing a sandbox extension
				application. The application shall be on a form posted on the Division's
				website and may be electronic. A fee in the amount of two hundred fifty dollars
				($250.00) shall accompany an extension application.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0008 - Financial Technology Sandbox › Chapter 1 - Financial Technology Sandbox › Section 1-4 - Verification of In-State Presence Requirement; Records

Current through July 13, 2024
(a) The
				Commissioner shall verify compliance with the in-state presence requirements
				relating to sandbox participants which are set forth in
				W.S.
				40-29-104(b) before
				approving a sandbox application.
(b) Sandbox participants shall maintain the
				following records under
				W.S.
				40-29-106(d) for five (5)
				years after the conclusion of the sandbox period:
(i) All consumer contact
				information;
(ii) All agreements,
				contracts and subscription records;
(iii) All correspondence between the
				participant and a consumer;
(iv)
				All bank records, investment statements and other financial records;
				and
(v) A copy of all
				advertisements used to market the innovative financial product or service in
				Wyoming and elsewhere.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0008 - Financial Technology Sandbox › Chapter 1 - Financial Technology Sandbox › Section 1-5 - Consumer Protection Bond

Current through July 13, 2024
(a) The consumer
				protection bond required by
				W.S.
				40-29-104(h) shall be in
				place before an innovative financial product or service may be made available
				to consumers.
(b) The Commissioner
				may restrict a sandbox participant from making an innovative product or service
				available to additional consumers until the consumer protection bond is
				increased as required by the Commissioner, commensurate with the risk profile
				of the product or service.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0008 - Financial Technology Sandbox › Chapter 1 - Financial Technology Sandbox › Section 1-6 - Conclusion of the Sandbox Period

Current through July 13, 2024
(a) A sandbox
				participant shall provide the Commissioner with a copy of the written
				notification regarding the conclusion of the sandbox period which is sent to
				consumers under
				W.S.
				40-29-106(f).
(b) In addition to the actions authorized by
				W.S.
				40-29-106(f)(i) and (ii), a
				person may carry out all activities reasonably necessary to wind down
				operations in a prudent manner, including the sale of assets.
(c) Consistent with W.S.
				W.S.
				40-29-103(a), if legal
				authority outside of the sandbox becomes available to make an innovative
				financial product or service available to consumers during a sandbox period and
				the sandbox participant obtains any necessary license or authorization,
				issuance of the license or authorization by the Commissioner relating to the
				product or service shall be deemed to terminate the participant's sandbox
				period as of the date of the license or authorization. If no license or
				authorization is required after legal authority outside of the sandbox becomes
				available during a sandbox period, the Commissioner may, after consultation
				with the participant, terminate the sandbox period unless the participant and
				Commissioner agree that continuing the sandbox period is appropriate for the
				purposes of determining the future scope of supervision.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0008 - Financial Technology Sandbox › Chapter 1 - Financial Technology Sandbox › Section 1-7 - Disclosure of Material Communications with Governmental Agencies; Information Sharing Agreements

Current through July 13, 2024
(a) A sandbox
				participant shall promptly disclose to the Commissioner in a confidential
				format any material communications with other governmental agencies or
				self-regulatory organizations, whether state, federal or foreign, which relate
				to an innovative financial product or service. The Commissioner shall maintain
				any communications received under this section in a confidential
				format.
(b) The Commissioner may
				enter into information sharing agreements with government agencies or
				self-regulatory organizations to carry out this section, or for any other
				purpose relating to the financial technology sandbox.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0008 - Financial Technology Sandbox › Chapter 1 - Financial Technology Sandbox › Section 1-8 - Applicability of Certain Procedural Provisions

Current through July 13, 2024
(a) Consistent with
				W.S. 40-29-109(c), existing administrative procedure laws and rules which are
				applicable to a particular program or body of law shall continue to apply, to
				the extent not inconsistent with the Financial Technology Sandbox Act and these
				rules. For illustration, if a sandbox participant has obtained a waiver of a
				statutory provision of the Uniform Consumer Credit Code, and the Commissioner
				intends to take enforcement action relating to the activities of the sandbox
				participant, the procedures set forth in Chapter 4, Uniform Consumer Credit
				Code Rules would apply to the enforcement action.
(b) If a sandbox participant obtains a waiver
				of statutes or rules in two or more distinct programs or bodies of law, the
				Commissioner shall use the procedural laws and rules most applicable to the
				provision at issue.
Wyoming Administrative Code › Agency 003 - Auditor, State › Sub-Agency 0002 - Public Records › Chapter 1 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records › Section 1-1 - Authority

Current through July 13, 2024
The State Auditor's Office is required under
				  W.S.
				  16-3-103(j)(ii) to adopt the
				  Department of Administration and Information's uniform rules pertaining to
				  procedures, fees, costs, and charges for inspecting, copying, and producing
				  public records.
Wyoming Administrative Code › Agency 003 - Auditor, State › Sub-Agency 0002 - Public Records › Chapter 1 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records › Section 1-2 - Adoption of Uniform Rules

Current through July 13, 2024
The State Auditor's Office hereby incorporates by reference
				  the following uniform rules:
(a)
				Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting,
				Copying, and Producing Public Records adopted by the Department of
				Administration and Information and effective on September 6, 2016, found at:
https://rules.wyo.gov
.
(b) For these rules incorporated by
				reference:
(i) The State Auditor's Office has
				determined that incorporation of the full text in these rules would be
				cumbersome or inefficient given the length or nature of the rules;
(ii) The incorporation by reference does not
				include any later amendments or editions of the incorporated matter beyond the
				applicable date identified in subsection (a) of this section; and
(iii) The incorporated rules are maintained
				at the State Auditor's Office and are available for public inspection and
				copying at the same location.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-1 - Authority

Current through July 13, 2024
These rules are adopted under the Board's authority granted
				  by Wyoming Statutes §
									
										33-7-207 through -209.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-2 - Statement of Purpose

Current through July 13, 2024
These Board Rules are adopted to implement the Board's
				  authority to:
(a) Conduct
				investigations, hearings, and proceedings concerning:
(i) Alleged violations of the Act or the
				Board Rules;
(ii) Actions relating
				to an application for a licensure including granting or denying.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-3 - Application Review and Investigation Process

Current through July 13, 2024
(a) Application Review. In application
				matters:
(i) Every application for a license,
				certificate, or permit issued by the Board shall be subject to investigation to
				determine whether the requirements set forth in the Act and Board Rules are
				satisfied.
(ii) If any application,
				including renewals, reveals any information that merits further investigation,
				the matter shall be assigned to an application review member (ARM).
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-4 - Complaint Review and Disciplinary Investigation Process

Current through July 13, 2024
(a) All complaints
				against a Licensee, Registrant, or Postsecondary Institution shall be filed
				with the Board in writing and shall contain:
(i) The name and address of the Licensee,
				Registrant, or Postsecondary Institutions;
(ii) The name, address, and telephone number
				of the complainant;
(iii) The
				nature of the alleged violations;
(iv) A short and concise statement of the
				facts relating to the alleged violations; and
(v) The signature of the
				complainant.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-5 - Voluntary Surrender

Current through July 13, 2024
(a) A licensee may petition the Board, in
				writing, to voluntarily surrender their license in lieu of
				discipline.
(b) The Board shall
				consider the petition at its earliest convenience.
(c) The Board may accept or reject the
				petition.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-6 - Notice of Intent to Recommend Disciplinary Action

Current through July 13, 2024
(a) The IBM shall notify the licensee of
				their intent to recommend disciplinary action.
(b) The Notice of Intent shall:
(i) Include a brief description of the facts
				or conduct warranting the intended action; and
(ii) Provide the licensee an opportunity to
				show compliance or respond to the allegations for disciplinary action within
				fifteen (15) days of the date of mailing.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-7 - Petition and Complaint

Current through July 13, 2024
The IBM shall initiate formal proceedings for disciplinary
				  action by serving a Petition and Complaint to the last known address of the
				  licensee by regular mail.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-8 - Notice of Hearing

Current through July 13, 2024
(a) Upon receipt of
				a written request for hearing from an applicant or the commencement of formal
				proceedings for disciplinary action against a licensee, the Board shall conduct
				a hearing. The Board shall serve a Notice of Hearing on the applicant or
				licensee at least thirty (30) days prior to the hearing.
(b) The Notice of Hearing shall contain:
(i) The name and last known address of the
				licensee;
(ii) A brief statement of
				the matters asserted:
(A) In application
				matters, the recommendation, the facts upon which the recommendation is based,
				and the statutory provisions or Board Rules the applicant is alleged to have
				violated; or
(B) In disciplinary
				matters, the nature of the Petition and Compliant, the facts upon which the
				Petition and Complaint is based, and the statutory provisions or Board Rules
				the licensee is alleged to have violated;
(iii) The time, place, and nature of the
				hearing; and
(iv) The legal
				authority and jurisdiction.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-9 - Lawful Service

Current through July 13, 2024
There shall be a presumption of lawful service of a petition
				  and complaint, notice of hearing, or any other communication required by these
				  Board Rules if sent to the last known address of the licensee or applicant by
				  regular mail.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-10 - Dismissal or Default

Current through July 13, 2024
(a) The Board may dismiss an application
				where the applicant or the applicant's representative has not requested a
				hearing or appeared at a noticed hearing.
(b) The Board may enter an order of default
				judgment based on the allegations contained in a Petition and Complaint in any
				case where:
(i) The licensee or the licensee's
				representative has not answered the allegations contained in the Petition and
				Complaint and has not appeared at a noticed hearing; and
(ii) The IBM is able to prove by clear and
				convincing evidence that the allegations in the Petition and Complaint are
				true.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-11 - Contested Case Hearings

Current through July 13, 2024
(a) The Board hereby incorporates the Office
				of Administrative Hearings' Uniform Rules for Contested Case Practice and
				Procedure. By incorporating the Office of Administrative Hearings' Uniform
				Rules, the Board makes the following findings;
(i) Incorporating the full text of the
				Uniform Rules would be cumbersome and inefficient given the length and nature
				of the rules;
(ii) The
				incorporation is limited to the Uniform Rules of the Office of Administrative
				Hearing, effective on July 20, 2017, and shall not include any subsequent
				editions or amendments to the Uniform Rules;
(iii) Copies of the Uniform Rules are
				available to the public at the Board's office at 2515 Warren Avenue, Suite 302,
				Cheyenne, WY 82002 or at
http://cosmetology.wy.gov/Barbers.aspx
.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-12 - Burden and Standard of Proof

Current through July 13, 2024
(a) Application Matters. The applicant shall
				bear the burden to prove by a preponderance of the evidence that he or she
				meets the qualifications for licensure. If the applicant meets that burden, the
				burden shall shift to the ARM to prove by clear and convincing evidence that
				the applicant should be denied a license. If the ARM meets that burden, the
				burden shall shift back to the applicant to persuade the Board that the ARM's
				grounds for denial or issuance of a license subject to conditions or
				restrictions are insufficient.
(b)
				Disciplinary Matters. The IBM shall bear the burden to prove by clear and
				convincing evidence that the licensee violated the Act, Board Rules, or
				both.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-13 - Board Decision and Order

Current through July 13, 2024
(a) Board Action.
				The Board may resolve a complaint or application matter by:
(i) Approving the recommendations of the IBM
				or ARM;
(ii) Ruling in favor of a
				party on a dispositive motion;
(iii) Referring the matter to OAH to conduct
				a contested case hearing. Following the hearing and deliberation of all
				evidence admitted at a contested case hearing, the Board may:
(A) Issue, renew, relicense, or reinstate a
				license;
(B) Issue, renew,
				relicense, or reinstate a license with conditions, restrictions, or other
				disciplinary action;
(C) Deny a
				license, renewal, reactivation, or reinstatement.
(D) Dismiss the complaint or Petition and
				Complaint;
(E) Dismiss the
				complaint or Petition and Complaint with an advisory letter; or
(F) Impose a reprimand, conditions,
				restrictions, suspension, revocation, other discipline, or a combination
				thereof.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 1 - Practice and Procedures for Disciplinary, Application, and Licensure Matters › Section 1-14 - Appeals

Current through July 13, 2024
(a) Appeals from decisions of the Board are
				governed by the WAPA and the Wyoming Rules of Appellate Procedure.
(b) Costs of transcripts and any reasonable
				costs assessed by the Board regarding the record on appeal shall be borne by
				the party making the appeal.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-1 - Definitions

Current through July 13, 2024
(a) Clean: Removal
				of surface and/or visible debris by using soap, detergent or chemical
				"cleaner", followed by a clean water rinse. Prepares non-porous items for
				disinfection by removing debris, product residues, organic matter and oils that
				may interfere with disinfection chemicals. Reduces the number and slows the
				growth of pathogens on both porous and non-porous surfaces. Cleaning does not
				make multi-use items safe for use.
(b) Disinfect: The process of making a
				non-porous item safe for use. Requires the use of a chemical intended to kill
				or denature a bacteria, virus or fungus. Items to be disinfected must be
				cleaned prior to disinfection. Proper disinfection requires adherence to
				manufactures label with regard to concentration and contact time. UV light is
				not acceptable for disinfection.
(c) Disinfectant: EPA registered
				bactericidal, virucidal and fungicidal disinfectant that is approved for use in
				a shop, or spa setting. Instruction label must be followed for dilution ratio
				and contact time. Disinfectant used when there is contact with blood or body
				fluids must be labeled as effective against HIV-1 and human Hepatitis B
				virus.
(d) Contact Time: The amount
				of wet contact time required for a disinfectant to be effective against the
				pathogens on the label. Clean items or surfaces must remain completely immersed
				or visible wet (spray or wipes) for full contact time to be
				effective.
(e) Non-porous: Material
				that has no pores and does not allow for liquids to be absorbed or pass
				through. Common non-porous materials include glass, metal and plastic.
(f) Porous: Material that has
				minute spaces or holes through which liquid or air may pass. (Permeable,
				penetrable, cellular).
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-2 - Wet Disinfection and Storage Standards

Current through July 13, 2024
(a) Prior to use on
				any client, all non-porous tools and implements or multi-us items must be
				cleaned and disinfected. Items must be cleaned with soap and water or a
				chemical cleaner. Items must then be disinfected by complete immersion in a
				properly diluted EPA registered, bactericidal, virucidal, fungicidal
				disinfectant that is mixed and used according to the manufacturer's directions.
				EPA registered bactericidal, virucidal, and fungicidal wipes and sprays may be
				used where designated in these rules.
(b) Items must stay immersed or visibly wet
				with disinfectant for the entire contact time listed on the manufacturer's
				label to be effective.
(c) All
				disinfectant must be prepared daily according to manufacturer's directions or
				more often if solution becomes contaminated or cloudy.
(d) All licensees must have an adequate
				supply of implements to allow for disinfection time between clients.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-3 - Single Use Items (porous items)

Current through July 13, 2024
(a) Any item that
				cannot be cleaned and disinfected, is considered single use and must be
				disposed of after each use. This includes, but is not limited to, any material
				except metal or glass, all cotton, wooden spatulas, neck strips, and paper
				coverings.
(b) All single use items
				must be stored in a clean, covered container marked "clean" or in their
				original, single use packaging.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-4 - Dry Storage Standards

Current through July 13, 2024
Disinfected implements must be stored in a disinfected, dry
				  covered container and be isolated from contaminants. At no time can these items
				  come into contact with used/dirty items.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-5 - Clippers and Trimmers

Current through July 13, 2024
Clippers and trimmers must be cleaned and disinfected after
				  each use with a disinfectant spray or wipe, used according to manufacturer's
				  label. Clipper wash may be used as a cleaner prior to disinfection, but is not
				  acceptable as a disinfectant unless labeled as a bactericidal, virucidal and
				  fungicidal disinfectant. Clippers must be stored in a clean place such as on a
				  hook, stand or on a clean towel covered by a clean towel when not in
				  use.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-6 - Latherizer

Current through July 13, 2024
(a) Exterior of
				Latherizer must be cleaned and disinfected after each client.
(b) Latherizer must be drained, cleaned and
				disinfected weekly.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-7 - Hand Hygiene

Current through July 13, 2024
Thoroughly wash hands and exposed portions of the arms with
				  soap and water before providing services to each client, and after smoking,
				  drinking, eating, and using the restroom. An equally effective hand sanitizer
				  is acceptable except for after using the restroom.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-8 - Blood Exposure Procedure

Current through July 13, 2024
If a blood exposure should occur, the following steps must be
				  followed:
(a) When possible, injured
				party should go to a sink and rinse injury with running water and "milk" the
				injury to remove any bacteria that may have entered the wound;
(b) Supply injured party with antiseptic or
				single use packet of antibacterial ointment and the appropriate dressing to
				cover the injury; and
(c) Dispose
				of all soiled articles in trash. Immediately clean and disinfect all non-porous
				items, do not continue service with these items.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-9 - Chemical Safety

Current through July 13, 2024
(a) Chemicals shall
				be transported and stored in accordance with the manufactures label.
(b) Chemicals must be stored in the original
				containers.
(c) Chemicals must be
				stored in overhead cabinets or locked cabinets. They may not be stored in areas
				used by customers such as bathrooms.
(d) Chemicals may only be mixed and applied
				to customers specifically as instructed on manufactures label, including patch
				test.
(e) Chemicals must be
				discarded in accordance with manufactures label, local, state, and federal
				rules.
(f) Chemicals shall not be
				mixed with any other substance unless expressly instructed on the
				label.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-10 - Communicable Disease

Current through July 13, 2024
Licensee's shall not perform any service if they have been
				  diagnosed with a communicable disease until cleared by a medical professional
				  for return to work. Licensee's shall not perform a service on a client who has
				  visible swelling, eruption, redness, bruising on skin or rash in area where a
				  service is to be performed. Clients with a physician's note indicating they are
				  not contagious (such as psoriasis) are an exception to this rule.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-11 - Product Safety

Current through July 13, 2024
(a) All products in
				multiuse containers such as lotions, creams, powders, and waxes shall be
				stored, handled, and applied in such a manner as to prevent contamination of
				the remaining product in the container.
(b) All product in multiuse containers shall
				be removed from containers with a new, single use spatula or a non-porous
				spatula that has been cleaned and disinfected.
(c) A single spatula may be used for product
				that is separated into single use, disposable container for application, but
				all remaining product, the container and spatula must be disposed of
				immediately following the service.
(d) No implement shall be doubled dipped back
				into the original container.
(e)
				Powder shall be dispensed from shaker and liquid preparations shall be
				dispensed from an atomizer or applicator bottle without
				contamination.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-12 - Towels and Coverings

Current through July 13, 2024
(a) A clean cape shall be provided for each
				client.
(i) If it is not possible to use a
				clean cape for each client, a neck strip or clean towel must be used.
Wyoming Administrative Code › Agency 016 - Barber Examiners, Board of › Sub-Agency 0001 - Barber Examiners, Board of › Chapter 2 - Infection Control › Section 2-13 - Leather Barber Strop

Current through July 13, 2024
Leather barber strops may be used to sharpen and polish the
				  blade of a razor only if the razor has been disinfected prior to use in
				  accordance with section
				  2 of these rules. Leather strops may not be
				  used during a service when the blade has come in contact with the
				  patron.