reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - 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 0002 - 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 4 - RENEWALS AND EDUCATION › Section 4-3 - Reactivating a License

Current through July 13, 2024
An individual that holds an inactive license shall submit an
				  application, furnish proof of completion of all education prescribed by
				  Sections
				  8 and
				  9 of this Chapter and pay all required fees,
				  in order to apply for an active license from the Commission.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 4 - RENEWALS AND EDUCATION › Section 4-4 - Real Estate Company Renewals

Current through July 13, 2024
(a) Each active Real Estate Company 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. Newly issued active or inactive company licenses shall
				be renewed by December 31 of the year it was issued. This renewal starts the
				license on a three (3) year renewal cycle.
(b) Any real estate company 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.
(c) Any Real Estate Company License that was
				considered active 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 real estate company an
				additional fee for processing. All applications must be postmarked or
				electronically submitted on or before March 1.
(d) Any Real Estate Company 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 0002 - Real Estate Commission › Chapter 4 - RENEWALS AND EDUCATION › Section 4-8 - Responsible Broker Education Requirements

Current through July 13, 2024
(a) All active
				Responsible Brokers shall complete thirty two (32) hours of required education
				(to include one broker management course) and twenty one (21) hours of elective
				education during each renewal cycle.
(b) Active Responsible Brokers pursuing or
				maintaining a designation or credential recognized and endorsed by the National
				Association of REALTORS® may petition the Commission for elective education
				credit hours per current Commission policies.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 4 - RENEWALS AND EDUCATION › Section 4-9 - Associate Broker and Salesperson Education Requirements

Current through July 13, 2024
(a) All active
				Associate Brokers and Salespersons shall complete twenty four (24) hours of
				required education and twenty one (21) hours of elective education during each
				renewal cycle.
(b) All active
				Associate Brokers and Salespersons pursuing or maintaining a designation or
				credential recognized and endorsed by the National Association of REALTORS®
				may petition the Commission for elective education credit hours per current
				Commission policies.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 4 - RENEWALS AND EDUCATION › Section 4-10 - Education Fund Grants

Current through July 13, 2024
(a) Per the
				authority granted in
				W.S.
				33-28-206, the Commission may prescribe forms
				and establish processes to grant funds from its education fund to Wyoming
				organizations, associations, institutions, and entities deemed qualified and
				eligible to provide quality elective education classes, seminars, and/or
				research for the Wyoming real estate industry.
(b) Funds may be granted and expended in
				allotments of no less than five-hundred dollars ($500) and no more than
				two-thousand dollars ($2,000) per event. Expenditures for these grants, in sum,
				shall not exceed thirty thousand dollars ($30,000) in one fiscal year.
				Recipients of funds shall be required to pay no less than ten percent (10%) of
				the total costs of the event toward the event and its components.
(c) Any educational event held using
				Commission education funds shall be made open to all Wyoming real estate
				licensees at free, reduced or reasonable rate of registration.
(d) The Commission shall be identified and
				named as a sponsor of any educational event held using Commission education
				funds.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 6 - REGULATORY ENFORCEMENT GROUNDS › Section 6-2 - Suspension/revocation requirements

Current through July 13, 2024
(a) When a Responsible Broker's license is
				suspended or revoked, he shall return his license, all real estate company
				licenses, and the licenses of his Associate Brokers and Salespersons to the
				office of the Commission. Licensees affiliated with a Responsible Broker who
				have had their license suspended or revoked may not perform any real estate
				activity until they have transferred to a new Responsible Broker.
(b) When an Associate Brokers or Salesperson
				license has been suspended or revoked, the licensee shall return his license to
				the Responsible Broker who shall return the license to the
				Commission.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 6 - REGULATORY ENFORCEMENT GROUNDS › Section 6-3 - Unlawful compensation; disputes between licensees

Current through July 13, 2024
(a) The Commission shall not entertain
				complaints between licensees regarding disputes concerning matters of
				compensation, the earning, splitting or the non-payment thereof.
(b) A Responsible Broker may compensate a
				licensed, unlicensed or inactive person for real estate activity performed if
				the person was actively licensed and under the Responsible Broker's supervision
				at the time the real estate activity was performed.
(c)
									W.S.
				33-28-110(a)  does not apply
				to incentives offered or paid to persons, who on their own behalf, engage the
				services of a licensee to assist them with the sale or purchase of real estate,
				provided those persons do not perform any real estate activity. Advertising
				and/or paying such incentives does not violate any provision of the act or rule
				or regulation of the Commission.
(d) A licensee may pay their personal
				assistant a salary directly. The Responsible Broker shall pay a licensed
				personal assistant if that personal assistant is to receive a percentage of any
				compensation.
(e) A Responsible
				Broker's payment of earned real estate compensation to a corporation or LLC
				which is solely owned by a licensee or licensees working under the Responsible
				Broker shall not be considered a violation of
				W.S.
				33-28-111(a)(xxiii),
				"compensating any unlicensed person." Any agreement between the Responsible
				Broker and the corporation or LLC does not relieve the Responsible Broker of
				the obligation to supervise the licensee or any other requirement of the act or
				Commission rules.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 6 - REGULATORY ENFORCEMENT GROUNDS › Section 6-4 - Advertising Compliance

Current through July 13, 2024
The following advertising criteria shall be enforced by the
				  Commission and met by real estate companies, Responsible Brokers, Associate
				  Brokers, and Salespersons in all advertisements, displayed digitally or in
				  print, in which the company or licensee is conducting real estate
				  activity:
(a) When a real estate
				licensee or real estate company advertises with the use of a registered trade
				name, group name, or team name, the advertisement shall display the name of the
				real estate company as licensed by the Commission concurrently with the
				registered trade name, team name, or group name in a conspicuous manner that
				the general public may easily identify;
(i) A
				group or team consists of one or more real estate licensees conducting real
				estate activity representing the same real estate company in which they are all
				licensed by the Commission;
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-3 - Insurance required

Current through July 13, 2024
An applicant for issuance of a license on active status, a
				  licensee renewing a license, or an inactive licensee activating a license shall
				  submit proof of insurance coverage through the group plan or through
				  certification of equivalent coverage.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-4 - Minimum standards

Current through July 13, 2024
The group policy obtained by the Commission shall provide to
				  each individual licensee, at a minimum, the following terms of coverage:
(a) Not less than one hundred thousand
				dollars single-limit liability coverage for each licensee per occurrence or
				claim made, not including costs for investigation or defense;
(b) An annual aggregate limit of not less
				than five hundred thousand dollars per licensee;
(c) A deductible amount for each occurrence
				of not more than one thousand dollars for single-limit liability coverage and
				one thousand dollars maximum additional deductible for defense and
				investigation;
(d) An extended
				reporting provision of ninety days and an option to purchase an additional
				three years extended reporting provision for a premium not to exceed two
				hundred percent of the premium charged for the last year of the terminating
				coverage;
(e) Coverage under this
				section for covered acts in any state, United States territory, or Canada in
				which a covered individual, domiciled in Wyoming, holds a license;
(f) A conformity endorsement allowing a
				Wyoming resident licensee to meet the errors and omissions insurance
				requirement for an active license in another group mandated state without the
				need to purchase separate coverage in that state;
(g) Stacking of benefits;
(h) Proration of premiums for coverage that
				is purchased during the course of a calendar year but with no provision for
				refunds of unearned premiums;
(j)
				The ability of a licensee, upon payment of an additional premium, to obtain
				higher or excess coverage or to purchase additional coverages from the group
				carrier as may be determined by the carrier;
(k) The coverage is individual and
				license-specific and will cover the licensee regardless of changes in employing
				Responsible Broker; and
(l) Prior
				acts coverage shall be offered to licensees with continuous past
				coverage.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-5 - Exceptions to coverage

Current through July 13, 2024
(a) Except as provided in this section,
				coverage may not exclude claims brought against the insured licensee arising
				out of an act or failure to act by the licensee when performing a professional
				service for which a real estate license is required. Coverage may limit or
				exclude claims brought against a licensee which arise as follows:
(i) Out of claims or suits made or brought by
				any insured person against any other insured person within the same firm or
				from compensation disputes between licensees;
(ii) Out of loss assumed under contract or
				agreement, except for liability the insured would have had in the absence of
				such agreements;
(iii) From any
				criminal, dishonest, actual fraud, or willful act or omission. This exclusion
				does not apply to any insured person who did not personally participate in
				committing such an act or omission and who, upon having knowledge of the act or
				omission, reported it;
(iv) From
				unlawful discrimination committed by or for the insured person;
(v) From fines or penalties imposed by
				law;
(vi) From failure to maintain
				any type or amount of insurance for managed property;
(vii) From bodily injury, personal injury,
				advertising injury, or property damage;
(viii) From related business activities for
				which a license is not required under this chapter;
(ix) From involvement in any real estate
				investment contract or syndication as a partner, joint venture, or
				underwriter;
(x) From hazardous
				materials, nuclear materials, or pollutants;
(xi) From prior wrongful acts;
(xii) From management or sale of property in
				which the insured or spouse has more than a ten percent financial or ownership
				interest. This exclusion does not apply for one year from the date a property
				is acquired under a guaranteed sale listing contract if the property is listed
				for sale during that entire period;
(xiii) From any violation of the Securities
				Act of 1933, as amended through July 1, 1993, or the Securities Exchange Act of
				1934, as amended through July 1, 1993, or any state blue sky or securities law
				or similar state or federal statutes; or
(xiv) Other standard exclusions that are
				typical in the professional liability insurance industry may be permitted,
				subject to the approval of the Wyoming Real Estate Commission.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-6 - Group policy approval requirements

Current through July 13, 2024
(a) Any group policy to be issued shall
				conform to the standards and practices of the insurance industry and be
				approved by the Wyoming insurance department.
(b) The administrative fee the Commission
				shall charge and collect as outlined in
				W.S.
				33-28-401 may be waived by the Commission if
				the total number of licensees enrolled in the group program is less than two
				thousand (2,000).
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-7 - Equivalent coverage

Current through July 13, 2024
An active licensee who chooses the option of obtaining errors
				  and omissions insurance independently from a carrier other than the group
				  carrier under contract with the Commission shall show evidence of coverage by
				  providing certification of coverage on a form prescribed by the Commission. The
				  form shall show proof that the licensee has coverage in compliance with the
				  minimum standards established by section
				  9. The form shall be signed by an authorized
				  representative of the insurance company and shall contain a cancellation
				  notification clause as required by section
				  10.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-8 - Standards for equivalent coverage

Current through July 13, 2024
(a) Licensees or applicants may obtain errors
				and omissions coverage independent of the group plan from any insurance carrier
				subject to the following terms and conditions:
(i) The insurance carrier is licensed and
				authorized by the Wyoming insurance department to write policies of errors and
				omissions insurance in this state and is in conformance with all Wyoming
				statutes.
(ii) The insurance
				provider maintains an A.M. Best rating of "B" or better and Financial size
				category of class VI or higher.
(iii) The policy, at a minimum, complies with
				all relevant conditions set forth in this rule and the insurance carrier so
				certifies in an affidavit issued to the insured licensee or applicant in a form
				specified by the Commission and agrees to immediately notify the Commission of
				any cancellation or lapse in coverage. Independent coverage shall provide, at a
				minimum, the following:
(A) The contract and
				policy are in conformance with all relevant Wyoming statutory
				requirements.
(B) Coverage includes
				all acts for which a real estate license is required, except those illegal,
				fraudulent or other acts which are normally excluded from such
				coverage.
(C) Coverage cannot be
				canceled by the insurance provider except for nonpayment of premiums or
				fraud.
(D) Coverage is for not less
				than $100,000 for each licensed individual and entity per covered claim,
				regardless of the number of licensees or entities to which a settlement or
				claim may apply, with an annual aggregate limit of not less than $500,000 per
				licensed individual and entity.
(E)
				Payment of claims by the provider shall be on a first dollar basis and the
				provider shall look to the insured for payment of any deductible.
(F) The ability of a licensee, upon payment
				of an additional premium to obtain an extended reporting period of not less
				than 365 days.
(G) That the
				provider of the independent policy has executed an affidavit in a form or
				manner specified by the Commission attesting that the independent policy is in
				force and, at a minimum, complies with all relevant conditions set forth herein
				and that the provider will immediately notify the Commission in writing of any
				cancellation or lapse in coverage of any independent policy.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-9 - Nonpayment of premium

Current through July 13, 2024
If a licensee's insurance company or group plan notifies the
				  Commission that a licensee has not paid a premium, the Commission shall place
				  that license on inactive status as of the date of termination of
				  coverage.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-10 - Surrender of license for failure to provide proof of insurance

Current through July 13, 2024
When a licensee receives notice of being placed on inactive
				  status for failure to provide proof of insurance, the licensee shall
				  immediately surrender the license to the Commission.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-11 - Notification required for cancellation

Current through July 13, 2024
If insurance under equivalent coverage is to lapse or not be
				  renewed, the providing company shall notify the real estate Commission of the
				  intent to lapse or not to renew, a minimum of thirty (30) days before the
				  expiration date of the term.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-12 - Proof of insurance required to activate license

Current through July 13, 2024
A licensee whose license has been placed on inactive status
				  for failure to provide proof of insurance may not conduct any activities for
				  which a license is required until proof of insurance has been provided to the
				  Commission and the license has been activated.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-13 - Authenticity of coverage

Current through July 13, 2024
A licensee may not willfully or knowingly cause or allow a
				  certificate of coverage to be filed with the Commission that is false,
				  fraudulent, or misleading.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 7 - ERRORS AND OMISSIONS INSURANCE › Section 7-14 - Authenticity of coverage

Current through July 13, 2024
A licensee may not willfully or knowingly cause or allow a
				  certificate of coverage to be filed with the Commission that is false,
				  fraudulent, or misleading.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-1 - Application Review Process

Current through July 13, 2024
(a) Upon receipt of a completed application,
				the Commission office shall review the application and, if it is complete and
				there are no known grounds for denial of the license requested, issue the
				license. If there are known grounds for denial, the Commission office shall
				forward the application to the Application Review Committee (ARC). An
				application shall be deemed "complete" when all necessary documentation is
				received by the Commission office and all fees paid in accordance with Chapter
				1 of these rules.
(b) The ARC shall
				consist of, but is not limited to, the following members:
(i) One (1) Commission Member,
(ii) The Commission Investigator,
				and
(iii) A prosecuting attorney
				from the Attorney General's Office.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-2 - Complaints

Current through July 13, 2024
(a) A disciplinary
				action is initiated against a licensee by submitting a sworn written complaint
				to the Commission office. A complaint concerning an alleged violation of the
				Act or Commission Rules may be submitted by any person or entity, a Commission
				member, or a member of the Commission 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 licensee 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 notarized
				signature of the complainant.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-3 - Review of Sworn Written Complaint

Current through July 13, 2024
Sworn written complaints shall be referred to and reviewed by
				  the Commission Investigator and one Commissioner, a Liaison Commission Member
				  (LCM) selected by Commission staff from a rotating schedule.
(a) The LCM shall not take part in the
				consideration of any disciplinary contested case hearings related to the matter
				of the sworn written complaint.
(b)
				The LCM shall not, by this rule, be barred from attending any disciplinary
				hearing.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-4 - Investigations and Commission Action

Current through July 13, 2024
The LCM and Commission staff shall investigate those written
				  complaints received which merit further investigation. During an investigation,
				  license holders against whom charges are made shall be advised of the charges,
				  the investigation initiated, the name of the LCM, and the nature of the
				  complaint.
(a) Upon completion of the
				investigation, the investigator for the Commission shall prepare an
				investigative report and submit it to the LCM.
(i) The report shall include:
(A) The findings of fact;
(B) A list of statutes and/or Commission
				rules possibly violated; and
(C)
				Any relevant additional information and/or documentation.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-5 - Service of Notice and Opportunity to Show Compliance

Current through July 13, 2024
Prior to commencement of a formal contested case hearing, the
				  LCM shall give notice by mail to the licensee of the facts or conduct which
				  warrants his/her intended action. The notice shall give the licensee an
				  opportunity to show compliance with all lawful requirements for retention of
				  the license within twenty (20) days of the mailing of the notice. Such notice
				  shall be sent to the licensee's last known address both by certified mail with
				  return receipt requested and by first class mail.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-6 - Default

Current through July 13, 2024
The Commission may issue a disciplinary order based on the
				  allegations presented in a notice of hearing or in a petition and notice of
				  hearing in any case whereby:
(a) The
				applicant or licensee has not answered nor responded in writing within fourteen
				(14) days before the hearing, or
(b) The applicant or licensee or his/her
				representative has not appeared at a scheduled hearing for which notice was
				provided.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-7 - 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.
(b) Any code, standard, rule or regulation
				incorporated by reference does not include any later amendments or editions of
				the incorporated matter beyond the applicable date identified in subsection (b)
				of this section.
(c) Each rule
				incorporated by reference is further identified as follows:
(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/real-estate-professionals/rules-and-regulations
.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-8 - 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'
				rule concerning contested case proceedings.
(b) At the Commission's discretion, contested
				case hearings shall either be conducted in the presence of a quorum of
				Commission members or a committee of one (1) or more Commission
				members.
(c) During the formal
				contested case hearing, Commission 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 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-9 - Subpoenas

Current through July 13, 2024
(a) A commission member or the hearing
				officer may issue subpoenas for the attendance of witnesses and for the
				production of books, records, documents, and other evidence, and shall have the
				power to administer oaths.
(b)
				Service of a subpoena must be made at the expense of the party applying for it
				and shall be made in the manner provided by law for service of subpoenas in
				civil actions.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-10 - Witnesses

Current through July 13, 2024
(a) All persons testifying at any hearing
				before the commission shall be administered a standard oath or
				affirmation.
(b) No testimony will
				be received from a witness except under oath or affirmation.
(c) The party calling a witness shall bear
				the costs associated with his appearance.
(d) The commission and hearing officer shall
				have an opportunity to examine any witness.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-11 - Representation

Current through July 13, 2024
(a) An applicant or licensee may represent
				himself or be represented by counsel, provided that such counsel is licensed to
				practice law in the State of Wyoming or is associated at the hearing with one
				or more attorneys licensed to practice law in the State of Wyoming.
(b) In any case before the commission, an
				appearance in person or the filing of an answer or other pleading by an
				attorney shall constitute an appearance of record by an attorney.
(c) A request for withdrawal from
				representation by an attorney shall be submitted to the commission in
				writing.
(d) The Assistant Attorney
				General assigned to the commission for prosecution shall present all matters in
				a contested case on behalf of the ARC or LCM.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-12 - Prehearing Conference

Current through July 13, 2024
(a) The hearing
				officer may direct the parties to appear before him to consider:
(i) The simplification of the
				issues;
(ii) The necessity or
				desirability of amending the pleadings;
(iii) The possibility of obtaining admissions
				of fact and of documents to avoid unnecessary proof;
(iv) Formulating procedures to govern the
				hearing; or
(v) Such other matters
				as may aid in the presentation or disposition of the case.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-13 - Order of Procedure at Hearing

Current through July 13, 2024
The hearing will be conducted in substantially the following
				  order:
(a) Opening announcements are
				made by the hearing officer, including case name and docket number, the
				issue(s) to be considered, parties and counsel present, and subpoenas
				issued;
(b) Witnesses should be
				identified and sworn;
(c) Opening
				statements may be made at the discretion of the hearing officer. In cases of
				license denial, the applicant should go first. In disciplinary cases the LCM
				should go first;
(d) Presentation
				of Evidence. The order above will be followed with each party, the hearing
				officer, and the commission having the opportunity to cross-examine the
				witnesses. Rebuttal evidence may be presented;
(e) Exhibits offered in evidence by the
				applicant or the licensee will be marked with the letters of the alphabet.
				Those offered by the LCM will be marked numerically;
(f) Closing arguments may be made at the
				discretion of the hearing officer. Time may be limited, the order of
				presentation is as above, and brief rebuttal time may be allowed. The hearing
				and the evidence are then closed, unless reopened by the hearing officer for
				good cause shown.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-14 - Decisions

Current through July 13, 2024
(a) Proposed Decisions
(i) At the discretion and direction of the
				hearing officer, 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
				Commission, the hearing officer or the Assistant Attorney General assigned to
				advise the Commission shall prepare proposed findings of fact, conclusions of
				law, and order following deliberations by the Commission or its
				committee.
Wyoming Administrative Code › Agency 018 - Real Estate Commission › Sub-Agency 0002 - Real Estate Commission › Chapter 8 - APPLICATION REVIEW, COMPLAINTS AND HEARING PROCEDURES › Section 8-16 - 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 Commission for the cost of the
				  transcript if previously prepared at Commission expense.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
The State Board for Respiratory Care promulgates these rules
				  pursuant to Wyoming Statutes
				  33-43-101 through 118 establishing
				  the Board, and conferring upon it the responsibility for licensure of
				  respiratory care practitioners, and the regulation of the practice of
				  respiratory care in the State of Wyoming.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Definitions

Current through July 13, 2024
As used in these regulations, the following terms shall have
				  the following meanings unless the context or subject matter clearly requires a
				  different interpretation.
(a)
				"Accredited Program" means a respiratory care educational program that is
				accredited by the Commission on Accreditation of Allied Health Education
				Programs (CAAHEP) or the Committee on Accreditation for Respiratory Care
				(CoARC) or their predecessor or successor organizations.
(b) "AARC" means American Association for
				Respiratory Care.
(c) "CRT" means
				Certified Respiratory Therapist as credentialed by the NBRC.
(d) "NBRC" means National Board for
				Respiratory Care.
(e) "RRT" means
				Registered Respiratory Therapist as credentialed by the NBRC.
(f) "Chaperone" means an adult who is
				provided to or accompanies a patient during the provision of
				services.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Incorporation by Reference

Current through July 13, 2024
The Board hereby incorporates by reference the
				  following:
(a) Each rule and code
				incorporated by reference is further identified as follows:
(i) Statement of Ethics and Professional
				Conduct published by the AARC effective December 1994, with amendment as of
				April 2015, available on the board's website (
http://respiratory.wyo.gov
).
(ii) Chapter 2 - Uniform Procedures, Fees,
				Costs, and Charges for Inspection, Copying, and Producing Public Records,
				adopted by the Department of Administration and Information and effective on
				September 6, 2016, available on the Board's website (
http://respiratory.wyo.gov
).
(iii) Chapter 2 - Uniform Rules for Contested
				Case Practice and Procedure, adopted by the Office of Administrative Hearings
				and effective on July 20, 2017, available on the Board's website (
http://respiratory.wyo.gov
).
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 2 - ORGANIZATION & PROCEDURES OF THE BOARD › Section 2-1 - Structure of the Board

Current through July 13, 2024
The Board shall consist of five (5) persons, one (1) public
				  member, one (1) physician who is licensed in the state of Wyoming with a
				  special interest in pulmonary medicine, and three (3) respiratory care
				  practitioners who are licensed under this act. Appointments and removal of
				  board members shall be governed by
				  W.S.
				  33-43-103 and W.S. W.S.
				  W.S.
				  9-1-202.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 2 - ORGANIZATION & PROCEDURES OF THE BOARD › Section 2-2 - Establishment of Licensure Standards

Current through July 13, 2024
The state professional organization representing respiratory
				  therapists may recommend to the Board the specific requirements, rules, and
				  procedures appropriate for licensing and permitting persons in that field and
				  suggest changes to the rules and regulations.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 2 - ORGANIZATION & PROCEDURES OF THE BOARD › Section 2-3 - Officers

Current through July 13, 2024
Officers of the Board shall be elected at the first meeting
				  each year, by a majority vote of the Board, and be comprised of a chair, a vice
				  chair and a secretary-treasurer.
(a)
				Chairman. The chairman shall, when present, preside at all meetings. He/she
				shall appoint all committees, subject to confirmation of the Board, sign all
				certificates issued, sign the minutes of board meetings, and perform all other
				duties pertaining to his/her office as hereinafter prescribed. He/she shall
				approve the annual report of the Board as required by law and shall cause the
				same to be distributed as the Board may direct. He/she shall assist the
				Secretary/Treasurer in matters of advice and preparation of correspondence and
				reports as agreed upon by the Board.
(b) Vice-Chairman. The Vice-Chairman shall
				perform all of the duties prescribed for the Chairman in the absence of the
				Chairman, and shall sign all certificates issued. He/she shall assist the
				Secretary in matters of advice and preparation of correspondence and reports as
				agreed upon by the Board.
(c)
				Secretary. The Secretary shall, with the assistance of such staff as may be
				required, conduct and care for all the correspondence of the Board, keep the
				minutes of all the meetings, keep all books and records as herein provided, and
				sign all certificates issued. He/she shall be in possession of the official
				seal which shall be affixed to all certificates of licensure. He/she shall
				provide notice of the time and place of all meetings of the Board, including an
				agenda of items to be discussed, to each member of the Board.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 2 - ORGANIZATION & PROCEDURES OF THE BOARD › Section 2-4 - Establishment of Committees

Current through July 13, 2024
The Board may, by a majority vote of the membership,
				  establish and empower committees to approve applications for license and
				  permits, applications for renewal, special request, and other issues that the
				  Board deems proper to delegate. Committees may also be established and
				  empowered to conduct complaint investigations, and make recommendations on
				  complaints. These committees shall be comprised of current members of the Board
				  and/or administrative staff.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 2 - ORGANIZATION & PROCEDURES OF THE BOARD › Section 2-5 - Meetings of the Board

Current through July 13, 2024
Meetings shall be open to the public and held in accordance
				  with the Wyoming Administrative Procedures Act. The Board has the right to call
				  executive sessions pursuant to
				  W.S.
				  16-4-405.
(a) The Board shall meet at least twice each
				year at a date, place and time established by the Chair with special meetings
				held as requested by the Chair or by a majority of the members.
(b) Meeting dates and times shall be made
				known to Board members at least twenty (20) days prior to such meeting except
				for special meetings which may be held upon emergency notice to all Board
				members.
(c) The Chair may conduct
				meetings and Board business by telephone as a means of conserving funds and
				expediting appropriate business.
(d) A quorum shall consist of three (3)
				members, and a majority vote of those Board members present and voting is
				required to approve Board actions.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 2 - ORGANIZATION & PROCEDURES OF THE BOARD › Section 2-6 - Communication: Prohibition of Improper Contacts

Current through July 13, 2024
Prior to the filing of an application, and after final Board
				  action on an application, verbal and written communication with individual
				  Board members or any member of the Board's staff shall be freely permitted;
				  provided, however, that in no event is any member of the Board or its staff
				  authorized to give any indication of what specific action the Board may take
				  upon the merits of any application which may be filed with it. General advice,
				  however, may be given as to the manner of completing or submitting
				  applications, the procedures to be followed in processing applications, and the
				  nature of the standards applied by the Board in evaluating
				  applications.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 3 - LICENSURE REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-1 - Authority

Current through July 13, 2024
These rules are adopted under the Board's authority granted
				  by Wyoming Statutes
				  33-43-108 and
				  33-43-110.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 3 - LICENSURE REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-2 - Requirements for Licensure

Current through July 13, 2024
A license shall not be issued until the applicant has
				  provided satisfactory evidence to the Board that they:
(a) Are of majority age;
(b) Have no felony or misdemeanor
				convictions, although exceptions to this requirement may be granted by the
				Board if consistent with the public interest;
(c) Have graduated from high school or have
				completed an equivalent education;
(d) Have successfully completed a respiratory
				care educational program from an accredited institution as defined in Chapter
				1; and
(e) Have passed the CRT exam
				or the RRT exam administered by the NBRC. The Board will accept the passing
				score as established by the NBRC.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 3 - LICENSURE REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-3 - License by Endorsement

Current through July 13, 2024
The Board may issue a license by endorsement to an applicant
				  who provides satisfactory evidence to the Board that the applicant:
(a) Holds a current license in good standing
				from another jurisdiction with substantially equivalent licensing requirements
				to Wyoming; or
(b) Holds current
				credentials in good standing as a CRT or RRT conferred by the NBRC.
Wyoming Administrative Code › Agency 022 - Respiratory Care, State Board for › Sub-Agency 0001 - Respiratory Care, State Board for › Chapter 3 - LICENSURE REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-4 - Application Documents

Current through July 13, 2024
Applicants for licensure must submit a complete and legible
				  application form accompanied by the proper non-refundable fee, acceptable proof
				  of legal presence in the United States, and the following:
(a) Official certification of current
				credentials in good standing from the NBRC; or
(b) Official verification from all
				jurisdictions where the applicant holds, or has ever held a license to practice
				respiratory care.
(c) Appropriate
				proof of legal presence in the United States.