reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-1 - Authority and Meetings

Current through July 13, 2024
(a) Pursuant to the
				authority vested in the Wyoming Real Estate Commission (Commission) by virtue
				of
				W.S.
				33-28-101 through
				33-28-401
				the following rules and regulations are hereby promulgated. All Commission
				governing rules and regulations may be found and viewed on the Commission web
				site:
https://sites.google.com/a/wyo.gov/rec/real-estate-professionals/rules-and-regulations
.
(b) The Commission shall hold its annual
				meeting the third Tuesday of September at the Commission Office located at 2617
				East Lincolnway, Suite H, Cheyenne, WY 82002, at 9:00 AM (MST). When possible,
				the annual meeting may be held in conjunction with the Wyoming REALTORS®
				annual conference in the Wyoming city wherein the conference is taking
				place.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-2 - Professional and occupational licensure of military spouses

Current through July 13, 2024
The Commission shall use the guidelines in
				  W.S.
				  33-1-116 through 117 in determining licensure
				  of military service members and military spouses.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-3 - Qualification for a license

Current through July 13, 2024
(a) Salesperson
				License applicants shall submit the following items to the Commission in one
				packet, excluding fingerprint cards, in advance of any expiration dates as
				issued. All items must be postmarked or time-stamped at the time of submission
				before any of the following items exceed expiration. A submission of all items
				by postmark or time-stamp constitutes a receipt of an application by the
				Commission:
(i) Completed application form
				with appropriate fees;
(ii)
				Fingerprint cards and payment for fingerprint processing as prescribed by the
				Wyoming Department of Criminal Investigation;
(iii) Recent snapshot or
				photograph;
(iv) Proof of legal
				presence and legal name in the United States;
(v) A copy of a valid Commission-recognized
				examination score report(s) per Section
				4 of this Chapter;
(A) If not presently, actively holding a real
				estate license in another jurisdiction, copies of a passing score report(s) for
				the national and state real estate examinations.
(B) If presently, actively holding a real
				estate license in another jurisdiction, a copy of a passing score report for
				the state real estate examination.
(vi) If a non-resident, Service of Process
				forms provided by the Commission;
(vii) Evidence of completing, within one year
				prior to the date of application, all necessary coursework as approved by the
				Commission.
(A) An original applicant for a
				license, not holding an active real estate license in another jurisdiction,
				shall be required to show proof of completion of the pre-license Salesperson
				Course I (state and national portions) and Salesperson Course II before
				applying for a real estate license.
(B) An applicant for a license that presently
				holds an active real estate license in another jurisdiction shall be required
				to show proof of completion of the pre-license Salesperson Course I (state
				portion only) and Salesperson Course II before applying for a real estate
				license.
(C) In lieu of actual
				clock hours of education for Salesperson Course I (state and national
				portions), an applicant may challenge an approved course by satisfactorily
				passing the approved course examination and submitting a valid Course I
				certificate to the Commission with a completed application.
(viii) Proof of errors and
				omissions insurance as described in
				W.S.
				33-28-401 and Chapter 7 of these Commission
				rules.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-5 - Transfers, inactive licenses

Current through July 13, 2024
(a) Notice of transfer of license from the
				sponsorship of one Responsible Broker to another shall be indicated on a
				transfer form provided by the Commission.
(b) When a real estate license has been
				returned to the Commission, the former licensee shall not perform any real
				estate activity.
(c) A licensee may
				request the Commission to hold his license for not more than thirty (30) days
				on a hold for transfer basis until proper request for reissue has been made,
				after which time the license will automatically become inactive. A licensee
				whose license is inactive or on hold for transfer shall not perform any real
				estate activity.
(d) A licensee
				whose license is held by the Commission on an inactive or hold for transfer
				basis during the renewal period shall apply for renewal of such inactive
				license and pay the regular fee.
(e) A licensee whose license is on inactive
				status may not engage in any real estate activity. A licensee may activate his
				license once all required and elective education is current
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-6 - Real Estate Companies

Current through July 13, 2024
(a) Real Estate Company Licenses will be
				issued to the Responsible Broker for a real estate company engaged in real
				estate activity upon verification by the Secretary of State of Wyoming that the
				real estate company is in good standing.
(b) The Responsible Broker shall be an
				officer, partner or manager, or hold an ownership interest in the real estate
				company.
(c) Submission of the
				following documents is necessary before issuing a Responsible Broker's License
				for a real estate company engaged in real estate activity. All items must be
				postmarked or time-stamped before any of the following items exceed expiration:
(i) A properly executed application and
				fee;
(ii) A copy of the documents
				establishing company organization;
(iii) A copy of the bylaws of the
				corporation; or the operating agreement for the real estate company;
(iv) A copy of the meeting minutes of the
				corporation; partnership, limited liability company, or other entity indicating
				the name of the Responsible Broker;
(v) If establishing a home-based business,
				attest that establishment of the business is in accordance with county and/or
				city zoning and codes.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-7 - Experience requirements

Current through July 13, 2024
(a) To be eligible to take the examination
				for certification as a certified residential real estate appraiser or a
				certified general real estate appraiser, an applicant shall present evidence to
				the Board that the experience requirement has been satisfied.
(b) To be certified as a residential real
				estate appraiser, the total experience shall consist of one-thousand five
				hundred (1,500) hours of experience obtained during no fewer twelve (12)
				months. While the number of hours may be cumulative, the required number of
				months must accrue before an individual may be certified.
(c) To be certified as a general real estate
				appraiser, the total experience shall consist of three-thousand (3,000) hours
				of experience obtained during no fewer than eighteen (18) months. While the
				number of hours may be cumulative, the required number of months shall accrue
				before an individual may be certified. At least fifty (50) percent of the
				appraisal experience shall be in non-residential appraisal work.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-8 - Examination requirements

Current through July 13, 2024
(a) Prior to taking the exam for a permit to
				practice as a certified real estate appraiser, the applicant shall furnish
				proof to the Board that the applicable education required by Section
				5 and experience required by Section
				6 have been completed.
(b) The applicant shall pass the examination
				and furnish proof of work experience prior to a person submitting an
				application for certification. Examination fees will not be refunded if the
				Board does not approve the applicant for certification.
(c) Every applicant seeking certification as
				an appraiser shall register for the examination with a testing service approved
				by the AQB.
(i) Failure to complete the
				examination on the scheduled date will result in forfeiture of the examination
				fee.
(ii) To re-write the
				examination, any applicant who does not attain a passing score shall register
				with a testing service approved by the AQB and submit the examination
				fee.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-9 - Making application

Current through July 13, 2024
(a) The applicable requirements of Sections
				6,
				7, and
				8 shall be completed prior to submitting an
				application for certified residential real estate appraiser or certified
				general real estate appraiser to the Board. All those who are not certified in
				Wyoming or another jurisdiction and who intend to become a certified
				residential real estate appraiser or a certified general real estate appraiser
				in Wyoming shall first be certified by the Board as a certified appraiser
				trainee after the completion of the applicable requirements of Section
				6 and before any required experience will
				accrue toward the experience requirements as set forth in Section
				7.
(b) Each person desiring to become certified
				as a real estate appraiser shall complete an application.
(i) Applications which are not complete and
				which are not accompanied by the correct fee will not be accepted and will be
				returned to the applicant.
(ii)
				Applicants must be at least eighteen (18) years of age.
(iii) All permits currently held by the
				applicant are in good standing and all permits previously held by the applicant
				were in good standing at the time of expiration and there is no discipline
				currently pending against the applicant in any jurisdiction; and
(iv) The applicant has not been subject to
				discipline in any jurisdiction in the past five (5) years.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-10 - Permit renewals; continuing education

Current through July 13, 2024
(a) A renewal application shall include proof
				that the permittee, including a certified appraiser trainee, has completed at
				least twenty-eight (28) hours of continuing education, which meets the
				curriculum established and published by the Board. Repetitious course work will
				not be accepted in the same renewal cycle. An inactive permittee will not be
				required to furnish proof of continuing education until such time as they
				request activation of the permit.
(b) All permittees shall submit proof of
				completion of the most current AQB-approved seven (7) hour National USPAP
				update course at the time of renewal. USPAP update courses may be included in
				the required continuing education hours.
(c) Distance education may be used as
				continuing education if the course/seminar meets the AQB criteria and is
				approved by the Board. A proctored exam is not required but an applicant shall
				successfully complete all prescribed course requirements.
(d) Up to fifty percent (50%) of a
				permittee's continuing education requirement may be granted for participation,
				other than as a student, in appraisal educational processes and programs.
(i) Examples of activities for which credit
				may be granted are teaching, program development, authorship of textbooks, or
				similar activities that are determined to be equivalent to obtaining continuing
				education.
(ii) Credit for
				instructing any course or seminar can only be awarded once during a continuing
				education cycle.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-11 - Appraisal courses/seminars

Current through July 13, 2024
(a) Any entity or individual requesting
				approval of a course/seminar or an instructor requesting approval by the Board
				shall submit an application on forms prescribed by the Board which require
				information concerning the course/seminar being offered, course/seminar
				outline, examination, grading system and instructor qualifications.
(b) The Board may accept the following
				courses/seminars as meeting standards for appraiser education:
(i) Any appraisal course/seminar approved by
				the AQB and the Board.
(ii) Any
				appraisal course/seminar approved by the Board or by an appraiser regulatory
				body in any jurisdiction or province with approval standards equal to those
				established by the Board.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-12 - Instructor qualifications

Current through July 13, 2024
Course/seminar instructors shall have forty (40) hours of
				  teaching appraisal course/seminar experience within the past two (2) years and
				  shall meet at least one of the following qualifications, unless granted an
				  exemption by the Board:
(a) A
				Bachelor's degree in the field in which the person is instructing; or
(b) Five (5) years of current experience in
				the subject instructed.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-13 - Withdrawal of approval

Current through July 13, 2024
If the Board determines that an instructor, or course
				  previously approved, no longer meets the prescribed standards, a written notice
				  of withdrawal of approval shall be given stating the reasons for the
				  withdrawal. The withdrawal becomes effective twenty (20) days from the date of
				  the notice unless the person or entity giving the course/seminar files a
				  written request for a hearing prior to the effective date. If a request for a
				  hearing is timely filed, the withdrawal of approval will not become effective
				  except upon order of the Board issued within ninety (90) days after the
				  hearing.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-15 - Regulatory enforcement grounds

Current through July 13, 2024
(a) Certified Real Estate Appraisers and
				Certified Appraiser Trainees. In addition to the statutory grounds for
				disciplinary action against an appraiser (W.S. §
									
										33-39-123 ), the Board may deny a permit or
				impose any disciplinary action authorized by W.S. §
									
										33-39-123(a)
				 or combination thereof for any of the
				following:
(i) An act or omission involving
				dishonesty, fraud or misrepresentation;
(ii) After accepting an appraisal assignment,
				failure or refusal, without good cause, to exercise reasonable diligence in
				developing an appraisal, preparing an appraisal report, communicating an
				appraisal, or completing an appraisal;
(iii) Failure to notify the Board of a change
				of address within thirty (30) days.
(iv) Appraising a property type that is
				outside the scope of a Certified Residential Permit. However, appraisers
				holding a Certified Residential Permit may obtain the experience necessary to
				upgrade to a Certified General Permit by appraising properties outside the
				allowed scope of a Certified Residential Permit by associating with an
				appraiser holding a Wyoming Certified General Permit, provided that:
(A) The appraiser holding the Certified
				General Permit shall review, sign, and accept responsibility for the appraisal
				and report, and
(B) The report
				shall fully disclose each appraiser's or trainee's role in the appraisal and
				reporting process, and
(C) The
				Certified Residential Permit holder shall not make any representations
				regarding the value analysis to a third party.
(v) Failure to produce documents and records
				concerning an appraisal under investigation by the Board.
(vi) Failure to appear and to testify under
				oath at a hearing held by the Board.
(vii) Failure to pay a fine imposed pursuant
				to
				W.S.
				33-39-123 within thirty (30) days of the date
				of the Order.
(viii) In addition to
				noncompliance with standards prescribed by USPAP, as adopted by the Board, any
				failure to conform to the conduct prescribed by or requirements contained in
				the Ethics Rule, the Competency Rule, the Scope of Work Rule and the
				Jurisdictional Exception Rule of USPAP shall constitute a separate ground for
				discipline under these rules.
(ix)
				Violation of any provision of
				W.S.
				33-39-101 through
				33-39-130,
				Board Rules and Regulations, or USPAP.
(x) Failure to complete one seven (7) hour
				national USPAP update course during the period of time when that USPAP course
				was adopted and in effect.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-16 - Temporary permits

Current through July 13, 2024
An appraiser certified or licensed in another jurisdiction
				  and in good standing in all jurisdictions in which he/she currently holds a
				  permit, certificate, or license may apply for a temporary permit in Wyoming for
				  temporary work for one (1) appraisal assignment to be completed within six (6)
				  months from date of issuance of a temporary permit.
(a) The appraiser shall submit to the Board a
				copy of the engagement agreement for the assignment and pay the fee for the
				temporary permit.
(b) A single
				appraisal assignment may include one (1) or more properties under one (1)
				contract for a single client.
(c)
				One six (6) month extension of the temporary permit may be granted.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-17 - Responsibilities of a Certified Real Estate Appraiser acting as a supervisory appraiser

Current through July 13, 2024
(a) A supervising appraiser shall be
				responsible for and provide direct supervision of the work performed by a
				certified appraiser trainee under his/her supervision. The supervising
				appraiser shall:
(i) Notify the Board of the
				name(s) and other Board required information for each certified appraiser
				trainee under his/her supervision.
(ii) Sign and review the appraisal and assume
				full responsibility for it; and
(iii) Not allow the certified appraiser
				trainee to make any representations regarding the appraisal to a third party;
				and
(iv) Disclose in the appraisal
				report the name of the certified appraiser trainee and the scope of the
				certified appraiser trainee's contribution to the report.
(v) Maintain an appraisal log jointly with
				the certified appraiser trainee using the form available on the Board
				website.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-18 - Responsibilities of a certified appraiser trainee

Current through July 13, 2024
Certified appraiser trainees shall:
(a) Register their name, address and phone
				number with the Board office.
(b)
				Work under the direct supervision of a certified real estate appraiser. A
				certified appraiser trainee is permitted to work under more than one (1)
				supervising appraiser.
(c) Notify
				the Board of each supervising appraiser's name.
(d) Maintain an experience log on a form
				provided by and approved by the Board which shall be reviewed and signed by the
				supervising certified real estate appraiser.
(e) Maintain separate appraisal logs for each
				supervising appraiser using the form available on the Board web site.
(f) Participate in the appraisal process in
				order to receive credit for hours spent and appraisals completed.
(g) Comply with the USPAP competency
				rule.
(h) Not make representations
				regarding an appraisal they are involved with to any third party.
(j) Ensure that the supervising appraiser has
				notified the Board of all pertinent Board required information relative to
				their status as an appraiser trainee.
(k) Indicate the word "certified appraiser
				trainee" prominently after their signature on all appraisal reports, reviews or
				correspondence signed by the certified appraiser trainee.
(l) Trainee appraisers shall be required to
				complete a course that, at a minimum, complies with the specifications for
				course content established by the AQB, which is specifically oriented to the
				requirements and responsibilities of supervisory appraisers and trainee
				appraisers. The course shall be completed by the trainee appraiser prior to
				obtaining a certified appraiser trainee permit. Further, the trainee appraiser
				course is not eligible towards the seventy-five (75) hours of qualifying
				education required.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 2 - APPRAISAL MANAGEMENT COMPANY › Section 2-1 - Registration process

Current through July 13, 2024
(a) AMC applicants shall submit to the Board
				on forms which shall be prescribed by the Board and shall include:
(i) Completed application form with
				appropriate fee;
(ii) Fingerprint
				cards for the designated contact person and any person owning more than ten
				percent (10%) of the AMC;
(iii)
				Recent snapshot or photograph of the designated contact person;
(iv) Current appraisal panel list. Changes to
				the appraisal panel shall be submitted via email to the Board within thirty
				(30) calendar days;
(v) Engagement
				Document;
(vi) Wyoming Secretary of
				State Certificate of Good Standing;
(vii) Certificate of Incorporation,
				Partnership Agreement or Articles of Organization from your domestic state;
				and
(viii) Copy of a surety bond in
				an amount not less than Twenty-Five Thousand Dollars ($25,000.00).
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 2 - APPRAISAL MANAGEMENT COMPANY › Section 2-2 - Renewal process

Current through July 13, 2024
(a) Registrations shall be renewed for a
				period of one (1) year.
(b)
				Applications for renewal of Registrations shall be submitted to the Board on
				forms which shall be prescribed by the Board and shall include:
(i) Copy of the Renewal form and the
				appropriate fee(s);
(ii) A copy of
				the Continuation Certificate showing the surety bond in the amount not less
				than twenty five thousand dollars ($25,000.00) was renewed; and
(iii) A current snapshot or photograph of the
				Designated Contact person.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES › Section 3-1 - Application Review Process

Current through July 13, 2024
(a) Upon receipt of a complete application
				submitted by an applicant holding a current permit to practice at the level of
				certification applied for issued by another jurisdiction, the Board office
				shall review the application and if it is complete and there are no known
				grounds for denial of the requested permit, the Board office may issue the
				permit. If there are grounds for denial reasonably apparent on the face of the
				completed application, the Board office shall forward the application to the
				Application Review Committee (ARC).
(b) Upon receipt of a complete application
				submitted by an applicant who does not hold a current permit at the level of
				certification applied for (new applicant), the Board office shall forward the
				application to the ARC.
(c) The ARC
				shall review the applications it receives and for new applicants conduct or
				arrange for a USPAP Standard 3 review of appraisal reports selected from the
				submitted appraisal log.
(d)
				Following the review the ARC may:
(i) Approve
				the application if the applicant meets all requirements; or
(ii) If either the application or the
				Standard 3 review raises questions as to whether denial is appropriate, forward
				the application and the ARC report to the Assistant Attorney General assigned
				to the Board for prosecution for review.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES › Section 3-2 - Complaints

Current through July 13, 2024
(a) A disciplinary
				action is initiated against a permit holder by submitting a sworn written
				complaint to the Board office. A complaint concerning an alleged violation of
				the Act or Board Rules may be submitted by any person or entity, a Board member
				or member of the Board staff. The sworn written complaint should provide as
				much of the following information as may be available and applicable:
(i) The name and address of the
				complainant;
(ii) The name,
				address, place of employment, and telephone number of the permit holder against
				whom the charges are made;
(iii)
				The specific conduct alleged to constitute the violation;
(iv) The name and address of any other
				witnesses; and
(v) The signature of
				the complainant.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES › Section 3-3 - Review of Written Complaint

Current through July 13, 2024
Sworn written complaints shall be sent to the permit holder
				  complained against and be referred to the investigator for the Board, the
				  Assistant Attorney General, and a liaison selected by Board staff. The liaison,
				  following consultation with the investigator and Assistant Attorney General,
				  shall determine whether the complaint merits further investigation. If the
				  complaint does not evidence conduct which violates the Act or Board Rules, it
				  does not merit further investigation and the liaison shall dismiss it. If the
				  complaint merits further investigation, the permit holder against whom the
				  complaint was filed will be advised of the investigation, the names of the
				  investigator and the liaison, the nature of the complaint, and given an
				  opportunity to respond to the complaint.
(a) The liaison shall not take part in the
				consideration of any contested case.
(b) The liaison shall not, by this rule, be
				barred from attending any disciplinary hearing.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES › Section 3-4 - Investigations and Board Action

Current through July 13, 2024
The investigator for the Board shall investigate those sworn
				  written complaints received which the liaison has determined merit further
				  investigation.
(a) Upon completion of
				the investigation, the investigator for the Board shall prepare an
				investigative report and submit it to the liaison. The report shall include:
(i) The findings;
(ii) A list of statutes and/or Board rules
				believed to have been violated; and
(iii) Any relevant additional
				information.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES › Section 3-5 - Service of Notice and Opportunity to Show Compliance

Current through July 13, 2024
Prior to commencement of a formal hearing, the liaison shall
				  give notice by mail to the permit holder of the facts or conduct which warrant
				  his/her intended action. The notice shall give the permit holder an opportunity
				  to show compliance with all lawful requirements for retention of the permit
				  within twenty (20) days of the mailing of the notice. Such notice shall be sent
				  to the permit holder's last known address both by certified mail with return
				  receipt requested and by first class mail. Service shall be deemed complete
				  when mailed.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES › Section 3-6 - Default

Current through July 13, 2024
The Board may enter an order based on the allegations in a
				  notice of hearing or petition and notice of hearing in any case where the
				  applicant or permit holder has not answered or appeared in writing ten (10)
				  working days before the hearing, or in any case in which the applicant or
				  permit holder or his/her representative has not appeared at a scheduled hearing
				  for which they had notice.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES › Section 3-7 - Formal Contested Case Hearing Incorporation by Reference

Current through July 13, 2024
(a) When required,
				Formal Contested Case Hearings shall be held in accordance with rules
				administered by the Office of Administrative Hearings. The Board hereby
				incorporates by reference the following uniform rules:
(i) Chapter 2 - Uniform Rules for Contested
				Case Practice and Procedure, adopted by the Office of Administrative Hearings
				and effective on July 20, 2017, found at
https://sites.google.com/a/wyo.gov/rec/appraisers-and-amcs/rules-and-regulations
.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES › Section 3-8 - Contested Case Hearings

Current through July 13, 2024
(a) The Office of
				Administrative Hearings shall act as the hearing officer and shall preside over
				the formal contested case hearing which shall be conducted pursuant to the
				Wyoming Administrative Procedure Act and the Office of Administrative Hearings'
				rules concerning contested case proceedings.
(b) At the Board's discretion, contested case
				hearings shall either be conducted in the presence of a quorum of Board Members
				or a committee of one (1) or more Board Members.
(c) During the formal contested case hearing,
				Board Members may ask questions of the witnesses and/or the parties including
				their attorneys.
(d) A court
				reporter shall be present during the hearing and report the entire
				proceeding.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES › Section 3-9 - Decisions

Current through July 13, 2024
(a) Proposed Decisions:
(i) At the discretion and direction of the
				Board, the parties may file proposed findings of fact, conclusions of law, and
				order after the hearing and before the deadline announced in the hearing's
				closing announcements.
(ii) At the
				discretion and direction of the Board, the hearing officer or the Assistant
				Attorney General assigned to advise the Board shall prepare proposed findings
				of fact, conclusions of law, and order following deliberations by the Board or
				its committee.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES › Section 3-11 - Transcripts

Current through July 13, 2024
If a Petition for Judicial Review is filed in the district
				  court, the petitioner shall either arrange the preparation and pay for the
				  transcript of the testimony, or reimburse the Board for the cost of the
				  transcript if previously prepared at Board expense.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 4 - RENEWALS AND EDUCATION › Section 4-1 - Adoption of USPAP

Current through July 13, 2024
(a) The Uniform
				Standards of Professional Appraisal Practice (USPAP) 2024 Edition promulgated
				by the Appraisal Foundation is adopted without modification, including related
				Appraisal Standards Board (ASB) Statements and Comments. This adoption does not
				include any later amendments or editions of USPAP.
(b) Copies of USPAP are available at the
				Board office, 2617 E. Lincolnway, Cheyenne, WY 82002, (307) 777-7141 for
				inspection. Copies of USPAP may also be purchased from the Appraisal Foundation
				(202) 289-2735, info@appraisalfoundation.org or the website
www.uspap.org
.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 4 - RENEWALS AND EDUCATION › Section 4-1 - Active License Renewals

Current through July 13, 2024
(a) A newly issued active license shall be
				renewed by December 31 of the year it was issued. Completed continuing
				education hours for a newly issued, active license are not required. This
				renewal starts the licensee on a three (3) year renewal cycle.
(b) Each active license shall be renewed by
				submission of a renewal application and all necessary fees, as prescribed in
				Chapter 2 of these Commission rules, three (3) years on or before December 31
				of the third year it is issued. All applications must be postmarked or
				electronically submitted on or before December 31 to be considered for
				renewal.
(c) All Responsible Broker
				licensees submitting an active license renewal application must show proof of
				completion of fifty-three (53) hours of continuing education as described in
				Section
				8 of this Chapter. All education hours for
				an active license must be completed during the three (3) previous
				years.
(d) All Associate Broker and
				Salesperson licensees submitting an active license renewal application must
				show proof of completion of forty-five (45) hours of continuing education as
				described in Section
				9 of this Chapter. All education hours for
				an active license must be completed during the three (3) previous
				years.
(e) Any licensee that fails
				to renew their license on or before December 31 shall be considered inactive
				and shall not perform or engage in real estate activity for any
				reason.
(f) Any licensee that held
				an active license on December 31 of the third year of issuance shall be
				considered inactive but may submit a renewal application to the Commission from
				January 1 through March 1 of the following year. In order to reactivate the
				license that lapsed, the Commission shall charge the licensee an additional fee
				for processing. All applications must be postmarked or electronically submitted
				on or before March 1.
(g) Any
				license not renewed by March 1 of the year following the third year of issuance
				shall be canceled.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0001 - Real Estate Commission › Chapter 4 - RENEWALS AND EDUCATION › Section 4-2 - Inactive License Renewals

Current through July 13, 2024
(a) An individual that has obtained an active
				license from the Commission may move their active license to inactive status
				with submission of the appropriate forms and payment of fees.
(b) Inactive licenses must be renewed on the
				regular renewal cycle with proper submission of Commission forms and payment of
				fees, however, completion of required and continuing education is not necessary
				for inactive license renewal.
(c)
				All newly issued inactive license shall be renewed by December 31 of the year
				it was issued. Completed continuing education hours for a newly issued,
				inactive license are not required. This renewal starts the licensee on a three
				(3) year renewal cycle.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-1 - Authority and Meetings

Current through July 13, 2024
(a) Pursuant to the
				authority vested in the Wyoming Real Estate Commission (Commission) by virtue
				of
				W.S.
				33-28-101 through
				33-28-401
				the following rules and regulations are hereby promulgated. All Commission
				governing rules and regulations may be found and viewed on the Commission web
				site:
https://sites.google.com/a/wyo.gov/rec/real-estate-professionals/rules-and-regulations
.
(b) The Commission shall hold its annual
				meeting the third Tuesday of September at the Commission Office located at 2617
				East Lincolnway, Suite H, Cheyenne, WY 82002, at 9:00 AM (MST). When possible,
				the annual meeting may be held in conjunction with the Wyoming REALTORS®
				annual conference in the Wyoming city wherein the conference is taking
				place.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-2 - Professional and occupational licensure of military spouses

Current through July 13, 2024
The Commission shall use the guidelines in
				  W.S.
				  33-1-116 through 117 in determining licensure
				  of military service members and military spouses.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-3 - Qualification for a license

Current through July 13, 2024
(a) Salesperson
				License applicants shall submit the following items to the Commission in one
				packet, excluding fingerprint cards, in advance of any expiration dates as
				issued. All items must be postmarked or time-stamped at the time of submission
				before any of the following items exceed expiration. A submission of all items
				by postmark or time-stamp constitutes a receipt of an application by the
				Commission:
(i) Completed application form
				with appropriate fees;
(ii)
				Fingerprint cards and payment for fingerprint processing as prescribed by the
				Wyoming Department of Criminal Investigation;
(iii) Recent snapshot or
				photograph;
(iv) Proof of legal
				presence and legal name in the United States;
(v) A copy of a valid Commission-recognized
				examination score report(s) per Section
				4 of this Chapter;
(A) If not presently, actively holding a real
				estate license in another jurisdiction, copies of a passing score report(s) for
				the national and state real estate examinations.
(B) If presently, actively holding a real
				estate license in another jurisdiction, a copy of a passing score report for
				the state real estate examination.
(vi) If a non-resident, Service of Process
				forms provided by the Commission;
(vii) Evidence of completing, within one year
				prior to the date of application, all necessary coursework as approved by the
				Commission.
(A) An original applicant for a
				license, not holding an active real estate license in another jurisdiction,
				shall be required to show proof of completion of the pre-license Salesperson
				Course I (state and national portions) and Salesperson Course II before
				applying for a real estate license.
(B) An applicant for a license that presently
				holds an active real estate license in another jurisdiction shall be required
				to show proof of completion of the pre-license Salesperson Course I (state
				portion only) and Salesperson Course II before applying for a real estate
				license.
(C) In lieu of actual
				clock hours of education for Salesperson Course I (state and national
				portions), an applicant may challenge an approved course by satisfactorily
				passing the approved course examination and submitting a valid Course I
				certificate to the Commission with a completed application.
(viii) Proof of errors and
				omissions insurance as described in
				W.S.
				33-28-401 and Chapter 7 of these Commission
				rules.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-5 - Transfers, inactive licenses

Current through July 13, 2024
(a) Notice of
				transfer of license from the sponsorship of one Responsible Broker to another
				shall be indicated on a transfer form provided by the Commission.
(b) When a real estate license has been
				returned to the Commission, the former licensee shall not perform any real
				estate activity.
(c) A licensee may
				request the Commission to hold his license for not more than thirty (30) days
				on a hold for transfer basis until proper request for reissue has been made,
				after which time the license will automatically become inactive. A licensee
				whose license is inactive or on hold for transfer shall not perform any real
				estate activity.
(d) A licensee
				whose license is held by the Commission on an inactive or hold for transfer
				basis during the renewal period shall apply for renewal of such inactive
				license and pay the regular fee.
(e) A licensee whose license is on inactive
				status may not engage in any real estate activity. A licensee may activate his
				license once all required and elective education is current
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-6 - Real Estate Companies

Current through July 13, 2024
(a) Real Estate
				Company Licenses will be issued to the Responsible Broker for a real estate
				company engaged in real estate activity upon verification by the Secretary of
				State of Wyoming that the real estate company is in good standing.
(b) The Responsible Broker shall be an
				officer, partner or manager, or hold an ownership interest in the real estate
				company.
(c) Submission of the
				following documents is necessary before issuing a Responsible Broker's License
				for a real estate company engaged in real estate activity. All items must be
				postmarked or time-stamped before any of the following items exceed expiration:
(i) A properly executed application and
				fee;
(ii) A copy of the documents
				establishing company organization;
(iii) A copy of the bylaws of the
				corporation; or the operating agreement for the real estate company;
(iv) A copy of the meeting minutes of the
				corporation; partnership, limited liability company, or other entity indicating
				the name of the Responsible Broker;
(v) If establishing a home-based business,
				attest that establishment of the business is in accordance with county and/or
				city zoning and codes.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 1 - GENERAL PROVISIONS AND LICENSING › Section 1-7 - Deceased Responsible Brokers

Current through July 13, 2024
(a) Per the
				authority granted in
				W.S.
				33-28-121, the Executive Director of the
				Commission shall authorize temporary licenses for no more than ninety (90)
				calendar days.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 2 - FEES › Section 2-1 - Fees

Current through July 13, 2024
The following nonrefundable and non-prorated fees shall be
				  charged by the Real Estate Commission:
(a) Examination fees
$141
(b) Each original Broker/Salesperson
						  license
$300
(c) Each original Company/Branch Office License
						  (except sole proprietorships)
$300
(d) Broker/Salesperson three (3) year renewal License
$350
(e) Company/Branch office three (3) year renewal
						  license (except sole proprietorships)
$350
(f) Recovery fund (W.S.
						  33-28-201(b) )
$20
(g) Late renewal fee
$75
(h) Education course application fee
$50
(j) Each company change of address
$30/license
(k) Each transfer/active status request/name change
$30
(l) Admin fee for group program errors and omissions
$15
(m) Printed Certified License History
$10
(n) Public Information Request printing/copies
Current Rate per Section
						  3
(o) Paper Processing Fee
$25
(p) Additional fee for expedited (two (2) business
						  days) license issuance or transfer provided all requirements, including
						  fingerprint results, are complete, valid, and submitted to the agency
$150
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 2 - FEES › Section 2-2 - Public Records Authority

Current through July 13, 2024
The Commission 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 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 2 - FEES › Section 2-3 - Adoption of Uniform Rules

Current through July 13, 2024
(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:
http://realestate.wyo.gov/real-estate-professionals/rules-and-regulations
.
(b) For these rules incorporated by
				reference:
(i) The Commission has determined
				that incorporation of the full text in these rules would be cumbersome or
				inefficient given the length and 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 Commission's office and are available for public inspection and copying
				at that same location.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 3 - FORMS › Section 3-1 - Minimum requirements, forms

Current through July 13, 2024
(a) If a Responsible Broker or licensee
				acting on his behalf, under his supervision or within his control, prepares an
				instrument, they shall deliver a hard or electronic copy of the document
				contemporaneously with the signing of such document. Such instruments include,
				but are not limited to, written listing agreements, consummation of a lease,
				purchase, sale or exchange of property, or any other type of real estate
				transaction document. It is the responsibility of the Responsible Broker or
				licensee acting on his behalf to prepare sufficient copies of such instruments
				to accomplish this end.
(i) Nothing herein
				shall be construed to permit the licensee to withhold such delivery in order to
				obtain other signatures on such instrument, or for any other reason.
(ii) Readily available and properly indexed
				copies of all unrecorded documents shall be retained by the Responsible Broker
				for a minimum of two (2) years.