reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0001 - Banking Board › Chapter 3 - PRACTICE AND PROCEDURE FOR APPLICATION HEARINGS › Section 3-8 - Additional Parties

Current through July 13, 2024
(a) Upon written
				motion, a person may be added as a party to the hearing, provided that the
				movant claims a substantial interest relating to the application and claims
				that the disposition of the application may adversely affect his ability to
				protect that interest. The motion shall state in detail why the person seeks to
				become a party to the hearing and shall be filed with the Commissioner at least
				fourteen (14) days before the hearing date. The Commissioner shall promptly
				deliver a copy of the motion to the Chairman and to the presiding officer. The
				movant shall serve a copy of the motion on all other parties contemporaneously
				with the filing of the motion.
(b)
				Each party may file a written response to the motion with the Commissioner
				within two (2) days after the date on which the motion was served on such
				responding party. The Commissioner shall promptly deliver a copy of the
				response to the Chairman and to the presiding officer. Each responding party
				shall serve a copy of the response on all other parties.
(c) As soon as reasonably practicable, but at
				least twenty-four (24) hours before the prehearing conference, the presiding
				officer shall notify the parties in writing of his decision. No oral argument
				is permitted.
(d) If the presiding
				officer grants the motion, the movant becomes a party to the hearing with the
				right, to the same extent as the applicant and fully subject to these
				Regulations, to participate in the prehearing conference, to receive formal
				notices, to appear, argue and be heard at the hearing, to submit documentary
				and other evidence, to produce and cross-examine witnesses at the hearing and
				to file a brief on relevant issues.
(e) This Section does not limit a persons
				right to attend and participate in a hearing as a member of the
				public.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0001 - Banking Board › Chapter 3 - PRACTICE AND PROCEDURE FOR APPLICATION HEARINGS › Section 3-9 - Written Comments

Current through July 13, 2024
A person may file written comments on an application with the
				  Commissioner during the comment period. The applicant may respond to the Board
				  in writing to any comments at any time before the conclusion of the
				  hearing.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0001 - Banking Board › Chapter 4 - PRACTICE AND PROCEDURE FOR PETITION HEARINGS › Section 4-1 - Petition Required

Current through July 13, 2024
To request that the Board review and either dismiss or modify
				  a proposed order, the petitioner shall file with the Commissioner a petition.
				  Each petition shall be in writing and include the information set forth in
				  Section
				  2. The
				  petitioner shall serve the petition on the Commissioner, as provided in Section
				  81 of Chapter 3 of the Banking Regulations. Filing a petition shall not stay or
				  otherwise affect the full and immediate legal operation and effect of a
				  temporary order.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0001 - Banking Board › Chapter 4 - PRACTICE AND PROCEDURE FOR PETITION HEARINGS › Section 4-2 - Content

Current through July 13, 2024
(a) Each petition shall contain the
				following:
(i) The petitioners
				signature;
(ii) If the petitioner
				is represented by counsel, execution by the Wyoming attorney and/or the
				qualified foreign attorney in a manner consistent with Rule 11 of the Wyoming
				Rules of Civil Procedure;
(iii) The
				petitioners verification of the truth and accuracy of the matters set forth in
				the petition;
(iv) A copy of the
				notice of intent, including the proposed order and all other attachments to the
				notice, or a description of the notice of intent sufficient for its
				identification among the records of the Commissioner;
(v) A request that the Board review the
				notice of intent and the proposed order and dismiss the same because grounds do
				not exist under the enforcement article for issuing the order;
(vi) A statement of facts supporting the
				dismissal of the proposed order; and
(vii) If the proposed order requires payment
				of a civil penalty and the petitioner contests the amount or the assessment of
				such penalty, a statement of facts supporting the modification of the
				assessment.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0001 - Banking Board › Chapter 4 - PRACTICE AND PROCEDURE FOR PETITION HEARINGS › Section 4-3 - Board to Set Hearing; Extensions

Current through July 13, 2024
(a) Promptly after
				service of the petition, the Commissioner shall deliver a copy of the petition
				to the Chairman and the other members of the Board. Within five (5) days after
				service of the petition upon the Commissioner, the Board shall set the hearing
				date.
(b) Unless extended pursuant
				to subsection (d), the hearing date shall be a date within fifteen (15) days
				after the petition is served on the Board.
(c) The Chairman shall give prompt notice to
				the petitioner of the date, time and place of the hearing. The form of the
				notice shall comply with
				W.S.
				16-3-107(a) and
				16-3-107(b).
(d) Upon timely written request from the
				petitioner and for good cause shown, the Chairman shall extend the hearing date
				to such later date as the Board may determine.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0001 - Banking Board › Chapter 4 - PRACTICE AND PROCEDURE FOR PETITION HEARINGS › Section 4-4 - Other Notices

Current through July 13, 2024
(a) At least three
				(3) days before the hearing, the Board shall give written notice to all
				applicable affected persons. Failure to give such notice shall not have any
				effect on the Boards jurisdiction over the petition nor upon any actions taken
				by it pursuant to a petition.
(b)
				As required by
				W.S.
				16-4-404(b), the Chairman
				shall give notice of the hearing to each newspaper of general circulation and
				each radio and television station that has requested in writing that it be
				given notice of special meetings of the Board. Such notice shall specify the
				date, time and place of the hearing and the business expected to be transacted
				at the hearing.
(c) Persons
				notified under this Section are not parties under the Wyoming Administrative
				Procedure Act and shall have no right to participate in the pre-hearing
				conference, to receive formal notices, to appear, argue or be heard at the
				hearing, to submit documentary or other evidence, to produce or cross-examine
				witnesses at the hearing, nor to file a brief on relevant issues.
(d)This Section shall not limit an affected
				persons right to attend and participate in a hearing as a member of the
				public.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0001 - Banking Board › Chapter 4 - PRACTICE AND PROCEDURE FOR PETITION HEARINGS › Section 4-5 - Confidentiality

Current through July 13, 2024
(a) All matters and proceedings arising out
				of or related to a petition shall be confidential, except as otherwise provided
				in this Section.
(b) At the
				hearing, the Board shall convene in executive session not open to the public to
				consider or receive any protected material. To the extent that information is
				disclosed at a public hearing, such information shall not be
				confidential.
(c) After the Board
				has rendered its final determination, the written report of such decision shall
				not be confidential and shall be available for public inspection under the
				Wyoming Public Records Act.
(d)
				Nothing in this Section is intended to limit or constrain in any way any right
				of the petitioner to seek or to obtain appellate review of the decisions of the
				Board and of the Commissioner, provided that such review is otherwise in
				accordance with applicable law.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 1 - GENERAL MATTERS AND DEFINITIONS › Section 1-1 - Authority; Scope

Current through July 13, 2024
(a) Generally,
				these Regulations are promulgated pursuant to
				W.S.
				13-1-603(c)(v) and pursuant
				to the Wyoming Administrative Procedure Act.
(b) This Chapter provides for matters that
				apply generally to all financial institutions and supplies general information
				that is basic and common to the balance of these Regulations.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 1 - GENERAL MATTERS AND DEFINITIONS › Section 1-3 - Service of Process; Delivery of Other Materials; Use of Overnight Couriers

Current through July 13, 2024
(a) Whenever any document or other material
				is required to be served on, filed with or otherwise delivered to the
				Commissioner, such service, filing or delivery shall be made upon him
				personally.
(b) Whenever any
				document or other material is required to be served on, filed with or otherwise
				delivered to the Board or any member of the Board, such service, filing or
				delivery shall be made in accordance with the Board Regulations.
(c) Whenever any document or other material
				is required to be served on or otherwise delivered to a party in connection
				with proceedings before the Commissioner, such service or delivery shall be
				made upon:
(i) If such party is represented
				by counsel who has filed a notice of appearance in accordance with Section
				2 of
				Chapter 8, then upon such counsel;
(ii) If such party is an entity or a group of
				individuals and is not represented by counsel, then upon the agent designated
				by such party for service of process; or
(iii) In all other circumstances, upon such
				party.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 1 - GENERAL MATTERS AND DEFINITIONS › Section 1-4 - Public and Confidential Records

Current through July 13, 2024
(a) Pursuant to
				W.S.
				13-3-701(e), W.S. W.S.
				W.S.
				9-1-512 and W.S. W.S.
				W.S.
				16-4-203(a)(i), reports
				issued by the Commissioner, materials relating to examinations and reports and
				other records required of a financial institution are not public records and
				are not open for public inspection, subject to the exceptions provided in W.S.
				W.S. W.S.
				16-4-203(a) and
				13-2-807. In connection with
				proceedings under Chapter 8, 9 and 10 the information obtained by or provided
				to the Commissioner and/or the Division is confidential both because the
				Commissioners future ability to obtain the information necessary to discharge
				his statutory duties in light of the public interest would be substantially and
				irretrievably impaired and because, given the nature of the information gained
				by the Commissioner, its public release would cause substantial harm to the
				competitive positions of the persons providing the information, of the
				applicant and of the proposed institution.
(b) Upon written request to the Commissioner,
				any person may inspect public records possessed by the Division, subject to and
				only to the extent permitted under the Wyoming Public Records Act. Information
				that is not subject to public inspection under the Wyoming Public Records Act
				shall not be made available for public inspection
(c) Inspection of public records shall take
				place in the Divisions offices during regular business hours. Only the
				Commissioner or other Division employees may remove public records from the
				Divisions offices. A person desiring photocopies of all or part of a public
				record shall make such request in writing and, as required by W.S. W.S.
				W.S.
				16-4-204, shall pay the Divisions
				then-prevailing charges for such copies and for the services of Division
				employees in complying with such request and supervising such
				compliance.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 1 - GENERAL MATTERS AND DEFINITIONS › Section 1-5 - Computation of Time

Current through July 13, 2024
In computing any time period prescribed by these Regulations,
				  the day of the act or event from which the time period begins to run shall not
				  be included. The last day of the period so computed shall be included, unless
				  it is a legal holiday, in which event the period runs until the end of the next
				  day which is not a legal holiday. When the period is less than eleven (11)
				  days, legal holidays shall be excluded in the computation.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 2 - MISCELLANEOUS BANK MATTERS › Section 2-1 - Authority

Current through July 13, 2024
This Chapter is promulgated pursuant to
				  W.S.
				  13-1-603(c)(v) and
				  13-2-101(a)(xiii).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 2 - MISCELLANEOUS BANK MATTERS › Section 2-2 - Surplus Accounts

Current through July 13, 2024
The Surplus Account of a bank shall be considered as
				  permanent capital and shall not be decreased except to sustain a loss in excess
				  of its undivided profits or reserve for loan losses or conversion to paid-up
				  capital stock, and then only when authorized by the
				  Commissioner.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 2 - MISCELLANEOUS BANK MATTERS › Section 2-3 - Lease Financing

Current through July 13, 2024
A bank may become the owner and lessor of personal property
				  acquired upon the specific request and for the use of a customer, and may incur
				  such additional obligations as may be incident to becoming the owner and lessor
				  of such property. The aggregate of such leases to any one person shall not
				  exceed fifteen percent (15%) of the banks available capital. The total amount
				  of all leases made under this Section plus all indebtedness permitted under
				  W.S.
				  13-3-402 shall not exceed twenty percent
				  (20%) of the banks available capital.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 2 - MISCELLANEOUS BANK MATTERS › Section 2-4 - Indemnification of Directors and Officers of Financial institutions; Authority to Indemnify; Reserved Powers of the Commissioner

Current through July 13, 2024
(a) A
				bank, an interim bank and a savings and loan association may include in its
				articles of incorporation a provision permitting the board of directors to
				indemnify directors and officers to the fullest extent permitted under
				12 CFR
				359.
(b) A trust company may include in its
				articles of incorporation a provision permitting the board of directors to
				indemnify Directors, officers and employees to the fullest extent permitted
				under Title 17, Chapter 16, Article 8, Subarticle E, of the Wyoming
				Statutes.
(c) A financial
				institution may elect to afford indemnification to an extent less than the
				maximum permitted under this Section and may elect not to indemnify any of its
				personnel at all.
(d) The
				Commissioner may order any financial institution to cease and desist from any
				actual or proposed indemnification permitted under this Chapter if he
				determines that the same poses a threat to the safety and soundness of the
				financial institution. The Commissioner may also order a financial institution
				to modify or eliminate any indemnification provisions included or proposed to
				be included in its articles of incorporation if he determines that such
				inclusion is inconsistent with applicable federal or Wyoming law.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 3 - FEES › Section 3-1 - Authority; Scope

Current through July 13, 2024
This Chapter is promulgated pursuant to Wyoming Statute
				  ("W.S.")
										13-1-603(d) (fees
				  generally),
				  W.S.
				  13-3-702 (bank supervisory fee),
				  W.S.
				  13-5-410 (powers of the Commissioner
				  regarding supervised trust companies),
				  W.S.
				  13-7-603 (savings and loan association
				  supervisory fee), W.S.
				  W.S.
				  13-12-111(c) (special
				  purpose depository institution charter application fee),
				  W.S.
				  13-12-119(c) and (d)
				  (special purpose depository institution examination and supervisory fees),
				  W.S. 13-12-126
				  (special purpose depository institution rules) and
				  W.S.
				  34-29-104(n) (digital asset
				  custody).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 3 - FEES › Section 3-2 - Bank and Savings and Loan Association Supervisory Fees

Current through July 13, 2024
(a) Except as
				otherwise provided by subsection (e) of this section, the Commissioner shall
				collect from every bank for supervision of such bank and every savings and loan
				association for supervision of such association an amount determined by the
				total resources of such bank and savings and loan association, as of reports of
				condition at the end of June and December of each year. The fees for all banks
				and saving and loan associations shall be based upon the total resources as
				follows:
(i) $0 to $1,500,000: 0.0013328 of
				total assets.
(ii) $1,500,001 to
				$15,000,000: $1,999.20, plus 0.0001666 of the excess over $1,500,000.
(iii) $15,000,001 to $25,000,000: $4,248.33,
				plus 0.000159936 of the excess over $15,000,000.
(iv) $25,000,001 to $50,000,000: $5,847.69,
				plus 0.00013328 of the excess over $25,000,000.
(v) $50,000,001 to $75,000,000: $9,179.69,
				plus 0.000119952 of the excess over $50,000,000.
(vi) $75,000,001 to $150,000,000: $12,178.49,
				plus 0.00009996 of the excess over $75,000,000.
(vii) $150,000,001 to $1,000,000,000:
				$19,675.49, plus 0.0000733040 of the excess over $150,000,000.
(viii) $1,000,000,001 to $3,000,000,000:
				$81,983.86, plus 0.0000659736 of the excess over $1,000,000,000.
(ix) $3,000,000,001 to $5,000,000,000:
				$213,931.06, plus 0.0000659736 of the excess over $3,000,000,000.
(x) $5,000,000,001 and over: $324,106.97,
				plus 0.000055022 of the excess over $5,000,000,000.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 3 - FEES › Section 3-3 - Trust Company Fees

Current through July 13, 2024
(a) The
				Commissioner shall collect from every supervised trust company an amount
				determined by the total assets of the company as of December 31 of each year as
				follows:
(i) For a company with total assets
				less than three million dollars ($3,000,000), a supervisory fee of $7,500 shall
				be paid no later than January 31 each year.
(ii) For a company with total assets greater
				than three million dollars ($3,000,000), a supervisory fee of $12,500 shall be
				paid no later than January 31 of each year.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 4 - RECORDS RETENTION › Section 4-1 - Authority; Scope

Current through July 13, 2024
(a) This Chapter is
				promulgated in part pursuant to
				W.S.
				13-3-505.
(b) This Chapter specifies periods for which
				records of banks and trust companies must retain certain records. Under federal
				law, it also applies to national banks.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 4 - RECORDS RETENTION › Section 4-2 - Reproduction of Records; Electronic Retention of Records

Current through July 13, 2024
(a) Any bank or trust company subject to this
				rule may cause records in its custody to be reproduced by the
				micro-photographic or other equivalent process. Any reproduction shall have the
				same force and effect as the original and shall be admissible into evidence as
				if it were the original.
(b)
				Electronic retention of records is acceptable provided the records accurately
				reflect the original document and remain accessible for the prescribed
				periods.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 5 - CHARTER APPLICATIONS › Section 5-1 - Authority; Scope

Current through July 13, 2024
This Chapter provides for matters that apply generally to the
				  Commissioner's involvement in application proceedings before the Board. Because
				  the Commissioner is directly and intrinsically involved in such proceedings,
				  this Chapter must be read in the context of Chapter 3 of the Board
				  Regulations.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 5 - CHARTER APPLICATIONS › Section 5-2 - Special Definitions

Current through July 13, 2024
(a) As used in this
				Chapter:
(i) "Acceptance date" means the date
				of the acceptance notice.
(ii)
				"Acceptance notice" means the notice required under Section 3(c)(i) Section
				3(c)(ii), as the case may be.
(iii)
				"Applicant" means the single incorporator or the group of incorporators named
				in an application. All financial institutions shall have at least five (5)
				incorporators, except for a trust company, which shall have at least one (1)
				incorporator.
(iv) "Application"
				means the completed application prescribed in Section 3(a), including all
				exhibits and other materials attached to or otherwise filed simultaneously with
				the application form, together with all other information required by the
				Commissioner under Section 3.
(v)
				"Commencement date" means, as the context may require, the acceptance date in
				the case of an application, the receipt date in the case of a petition, or the
				date of the hearing notice in the case of a submission.
(vi) "Comment period" means the period of
				time that begins on the commencement date and ends on that date which is ten
				(10) days before the hearing.
(vii)
				"FDIC application" means the application of a proposed institution for
				insurance of deposits by FDIC.
(viii) "Hearing" means the public hearing by
				the Board on an application, as provided in the Board Regulations.
(ix) "Incorporator" means an adult individual
				of sound mind who intends singly or with others to incorporate or organize a
				financial institution.
(x)
				"Presiding officer" means the person designated by the Board to serve as the
				presiding officer of a hearing.
(xi) "Proposed institution" means the
				financial institution that the applicant proposes to organize.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 5 - CHARTER APPLICATIONS › Section 5-3 - Application Required; Filing; Incomplete Application; Extension

Current through July 13, 2024
(a) To organize a
				financial institution, the incorporators shall submit to the Commissioner an
				application. Each application shall be in writing and contain the information
				required in Section 4. In the case of a trust company, the application shall
				name and be executed by at least one (1) incorporator; in all other cases, the
				application shall name and be executed by at least five (5) incorporators.
(b) The applicant shall submit its
				application with the Commissioner for evaluation. The Commissioner shall keep
				and maintain the application as provided in Section 8.
(c) Within thirty (30) days after the date on
				which an application is submitted to the Commissioner for evaluation, he shall
				give written notice to the applicant either:
(i) that the application is in order and has
				been accepted for filing; or
(ii)
				that deficiencies exist in the information required to be included in the
				application and identifying each with reasonable particularity.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 5 - CHARTER APPLICATIONS › Section 5-4 - Content; Electronic Media

Current through July 13, 2024
(a) To be accepted
				for filing, each application shall be comprised of the following information:
(i) The signatures of all incorporators,
				verifying the contents of application; the
(ii) Three (3) duplicate originals of the
				articles of incorporation satisfying the requirements of Section 5;
(iii) The by-laws proposed for adoption
				either by the incorporators simultaneously with incorporation or by the board
				of directors of the proposed institution at its first meeting, indicating which
				method will be used to adopt the by-laws;
(iv) Evidence satisfactory to the
				Commissioner that the proposed institution has paid-in capital stock as
				required by the Banking Statutes;
(v) A complete, true and accurate copy of the
				proposed institution's completed FDIC application or, in the case of a trust
				company, the proposed institution's completed application on the form
				prescribed from time to time by the Commissioner;
(vi) The name, proposed title and residence
				post-office address of each individual proposed to serve as an executive
				officer of the corporation during any part of the corporation's first year of
				existence;
(vii) A statement with
				supporting evidence, demonstrating that the conditions in the community in
				which the proposed institution would transact business afford reasonable
				promise of successful operation;
(viii) A statement with supporting evidence,
				demonstrating that the proposed capital and surplus are adequate in light of
				current and prospective conditions;
(ix) A statement with supporting evidence,
				demonstrating that the proposed executive officers and proposed directors have
				sufficient experience, ability and standing to afford reasonable promise of
				successful operation;
(x) As to
				each depository institutions and trust companies then open for business in the
				home county, a list of the name of the entity, its president (and branch
				managers, if the local presence is a branch), its local street address, and its
				local telephone and fax numbers such financial institutions and trust
				companies;
(xi) A copy of any bonds
				obtained in accordance with
				W.S.
				13-6-206;
(xii) If applicable, the designation of an
				agent for service of process described in Section 7; and
(xiii) Any other information required by
				these Regulations or as requested by the Commissioner.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 5 - CHARTER APPLICATIONS › Section 5-5 - Filing Fee; Withdrawn Applications

Current through July 13, 2024
(a) At the same
				time as it submits an application to the Commissioner for evaluation, the
				applicant shall pay to the Commissioner a fee in the amount of $15,000 or, in
				the case of an interim bank, $4,000.
(b) If an application is withdrawn at any
				time before the hearing, the filing fee shall be refunded to the applicant,
				reduced by the amount of all expenses authorized by
				W.S.
				13-2-208.
(c) If an application is rejected, it shall
				be treated under this Section as if it were withdrawn as of 5:00 p.m.,
				Cheyenne, Wyoming local time, on the last day of the 30-day time period
				described in Section 3(e).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 5 - CHARTER APPLICATIONS › Section 5-7 - Designation of Agent for Service of Process

Current through July 13, 2024
Should the applicant be comprised of a group of
				  incorporators, the application shall be accompanied with a designation by all
				  incorporators of one of them to serve as agent on behalf of each and all of
				  them for service of process and delivery of materials. All materials to be
				  served on or delivered to the applicant shall be served on or delivered to the
				  designated agent and shall not require service or delivery on all
				  incorporators.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 5 - CHARTER APPLICATIONS › Section 5-8 - Confidentiality

Current through July 13, 2024
(a) To reduce the
				possibility of disclosure of protected material that is in the Division's
				possession in connection with an application, the Commissioner shall maintain a
				case file, a correspondence file and a confidential file for each application.
(b) The case file shall consist
				only of the following documents:
(i) the
				public portions of the application;
(ii) the acceptance notice;
(iii) the proof of publication submitted by
				the applicant;
(iv) all formal
				notices, motions, public hearing transcripts and other documents filed with,
				served on, delivered to or issued by the Board, by the Commissioner or by the
				presiding officer in connection with the hearing and other similar
				records.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 5 - CHARTER APPLICATIONS › Section 5-9 - Investigation and Examination by Commissioner

Current through July 13, 2024
Promptly after the acceptance date, the Commissioner shall
				  make a careful investigation and examination, as described in
				  W.S.
				  13-2-211.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 5 - CHARTER APPLICATIONS › Section 5-10 - Written Comments

Current through July 13, 2024
A person may file written comments on an application with the
				  Commissioner during the comment period. The Commissioner shall promptly deliver
				  to the Chairman and to all parties copies of all comments received by him,
				  although he may determine to deliver comments on a weekly or other periodic
				  basis. The applicant may respond in writing to any comments at any time before
				  the conclusion of the hearing.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 6 - BANK RELOCATION APPLICATIONS › Section 6-1 - Application Required

Current through July 13, 2024
To obtain the Commissioners approval of a relocation, a bank
				  shall submit to the Commissioner an application. The application shall be in
				  writing and contain the information required in Section
				  2.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 6 - BANK RELOCATION APPLICATIONS › Section 6-2 - Content of Application

Current through July 13, 2024
(a) The application
				shall contain the information required in
				W.S.
				13-4-101(a) and the
				following:
(i) The bank's verification of the
				truth and accuracy of the matters set forth in the application; and
(ii) A request that the Commissioner approve
				the relocation;
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 6 - BANK RELOCATION APPLICATIONS › Section 6-3 - Commissioner to Set Hearing; Extensions

Current through July 13, 2024
(a) The
				Commissioner shall inform the bank, in writing, of his determination as to
				whether the proposed relocation may be desirable, within thirty (30) days after
				his receipt of the application.
(b)
				Within five (5) days after the determination date, the Commissioner shall set
				the hearing date. Unless extended pursuant to subsection (c), the hearing date
				shall be a date within thirty (30) days after the determination date. The
				Commissioner shall give prompt notice to the bank of the date, time and place
				of the hearing. The notice shall be in a form comparable to a hearing notice
				relating to a petition.
(c) Upon
				timely written request from the bank and for good cause shown, the Commissioner
				may extend the hearing date to such later date as he may determine to be in the
				public interest.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 6 - BANK RELOCATION APPLICATIONS › Section 6-4 - Contents of Public Notice

Current through July 13, 2024
(a) After its
				receipt of the hearing notice, the bank shall cause notice of the hearing to be
				published in the manner prescribed in Section
				5. The
				published notice shall include the following information:
(i) The name of the bank; and
(ii) The date, time, place and nature of the
				hearing to be held on the application;
(iii) A caption or other statement to the
				effect that the hearing is to be held before the Commissioner pursuant to
				W.S.
				13-4-101;
(iv) The street address of the existing place
				of business;
(v) The street address
				of the proposed, relocated place of business; and
(vi) The date by which persons must submit
				written comments.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 6 - BANK RELOCATION APPLICATIONS › Section 6-5 - Publication Requirements

Current through July 13, 2024
(a) The public
				notice shall be published in a newspaper of general circulation in all
				municipalities affected by the proposed relocation.
(b) The public notice shall be published on
				the same day of the week as that of the hearing date, in each of the three (3)
				calendar weeks immediately preceding the hearing date. The bank shall exercise
				reasonable diligence in ensuring that the required insertions are published on
				the required dates.
(i) When the public
				notice will be published in a newspaper published less often than daily,
(A) the public notice is not required to be
				published on the same day of the week as the hearing date but instead shall be
				published on the newspapers regular publication date in the same week that is
				nearest to such day of the week;
(B) the last insertion shall be published
				within seven (7) days before the hearing date and (iii) not more then seven (7)
				days shall elapse between each insertion.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 6 - BANK RELOCATION APPLICATIONS › Section 6-6 - Final Determination

Current through July 13, 2024
(a) The
				Commissioner's final determination relating to an application shall be in
				writing, shall be based solely on the record and shall include findings of fact
				and conclusions of law separately stated. Findings of fact shall be based
				exclusively on the evidence received at the hearing, the application, written
				comments received by the Commissioner and matters officially noticed. Findings
				of fact, if set forth in statutory language, shall be accompanied by a concise
				and explicit statement of the underlying facts supporting the
				findings.
(b) In his final
				determination, the Commissioner must find that the relocation is desirable and
				is in the best interests of the bank and the municipality to which the bank
				proposes to move.
(c) The
				Commissioner shall deliver a copy of his final determination to each
				party.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 7 - SUSPENSION OR REVOCATION OF TRUST COMPANY CHARTER › Section 7-1 - Commissioner to Set Hearing; Extensions

Current through July 13, 2024
(a) Pursuant to
				W.S.
				13-5-111, the Commissioner may suspend or
				revoke the charter of a trust company.
(b) If the Commissioner determines that any
				ground for suspending or revoking a trust companys charter set forth in W.S.
				W.S. W.S.
				13-5-111 might exist, he shall inform the
				trust company of such determination in writing.
(c) Within five (5) days after the
				determination date, the Commissioner shall set the hearing date. Unless
				extended pursuant to subsection (d), the hearing date shall be a date within
				thirty (30) days after the determination date. The Commissioner shall give
				prompt notice to the trust company of the date, time and place of the hearing.
				The notice shall be in a form comparable to a hearing notice relating to a
				petition.
(d) Upon timely written
				request from the trust company and for good cause shown, the Commissioner may
				extend the hearing date to such later date as he may determine to be in the
				public interest.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 7 - SUSPENSION OR REVOCATION OF TRUST COMPANY CHARTER › Section 7-2 - Final Determination

Current through July 13, 2024
(a) The
				Commissioner's final determination relating to a suspension or revocation shall
				be in writing, shall be based solely on the record and shall include findings
				of fact and conclusions of law separately stated. Findings of fact shall be
				based exclusively on the evidence received at the hearing and matters
				officially noticed. Findings of fact, if set forth in statutory language, shall
				be accompanied by a concise and explicit statement of the underlying facts
				supporting the findings.
(b) In the
				event that the Commissioner determines to suspend the trust companys charter,
				his final determination shall also set forth the duration of and/or the
				conditions that must be satisfied to lift such suspension. In his final
				determination, the Commissioner must find that one or more of the grounds for
				suspending or revoking the trust companys charter set forth in
				W.S.
				13-5-111 exist.
The Commissioner shall deliver a copy of his final
				  determination to each party.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 8 - PRACTICE AND PROCEDURE › Section 8-1 - Authority

Current through July 13, 2024
This Article is promulgated in part pursuant to
				  W.S.
				  16-3-102(a)(i) (mandate to
				  promulgate rules of practice and procedure).
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 8 - PRACTICE AND PROCEDURE › Section 8-2 - Representation before the Commissioner; Notice of Appearance

Current through July 13, 2024
(a) A person may represent itself, or may be
				represented either by a Wyoming attorney or by a qualified foreign attorney, in
				proceedings before the Commissioner.
(b) Each Wyoming attorney and each qualified
				foreign attorney shall file with the Commissioner a notice of appearance before
				representing a party in connection with a hearing under this Article. In the
				case of a qualified foreign attorney, the notice of appearance shall have no
				meaning or effect unless and until his associated Wyoming attorney shall have
				also filed with the Commissioner a notice of appearance. All notices of
				appearance shall set forth all facts necessary to determine that the attorney
				is either a Wyoming attorney or a qualified foreign attorney and is authorized
				to represent his client under this Section.
(c) Division counsel shall not be required to
				file a notice of appearance.
(d) If
				an attorney has filed a notice of appearance in connection with related
				proceedings before the Board, the attorney is not required to file a separate
				notice of appearance with the Commissioner.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 8 - PRACTICE AND PROCEDURE › Section 8-3 - Ex Parte Communication

Current through July 13, 2024
Unless required for the disposition of ex parte matters
				  authorized by law, the Commissioner shall not consult directly or indirectly
				  with any party regarding a submission, except as allowed under
				  W.S.
				  16-3-111. A request for status of a
				  proceeding is not an ex parte communication.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 8 - PRACTICE AND PROCEDURE › Section 8-4 - Transcripts of Hearings

Current through July 13, 2024
(a) If a person
				desires a copy of those portions of the recording of a hearing that are
				available for public inspection, it shall request the same in writing. Such
				request shall be delivered to the Commissioner, along with a fee that the
				Commissioner shall determine on a case-by-case basis to recoup to the Division
				the total cost of services and materials necessary to make the copy, including
				any editing necessary to prevent the disclosure of protected material. Upon
				receipt of the request and the required fee, the Commissioner shall provide
				such copy to the requesting party as soon as practicable.
(b) If a party desires that a hearing be
				transcribed by court reporter, it must so inform the Commissioner and the
				presiding officer in writing and make the necessary arrangements and pay all
				associated costs related to the same. In each such case, the court reporter
				shall not record protected material nor any proceedings that the party
				providing the court reporter is not permitted to attend.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 9 - CONTESTED CASES › Section 9-3 - Confidentiality

Current through July 13, 2024
(a) All matters and proceedings arising out
				of or related to an application or a suspension or revocation shall be
				confidential, except as otherwise provided in this Section.
(b) All materials delivered to the
				Commissioner in connection with an application or a revocation shall be handled
				in a manner analogous to that for an application under Chapter 11 of these
				Regulations, including segregation of such materials in case, correspondence
				and confidential files.
(c) At the
				hearing, the hearing officer may adjourn the public portion of the hearing at
				any time to consider or receive any protected material in a session that is not
				open to the public. To the extent that information is disclosed at public
				portions of the hearing, such information shall not be confidential.
(d) The hearing officers findings of fact and
				conclusions of law and report and recommendation to the Commissioner shall not
				be confidential and shall be available for public inspection under the Wyoming
				Public Records Act.
(e) After the
				Commissioner has rendered his final decision after the hearing, any written
				report of such decision shall not be confidential and shall be available for
				public inspection under the Wyoming Public Records Act.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 9 - CONTESTED CASES › Section 9-4 - Appointment of Hearing Officer

Current through July 13, 2024
The Commissioner may appoint a hearing officer to preside at
				  any proceeding before the Commissioner. The hearing officer shall be an
				  employee of the Division of Banking or an employee of another agency designated
				  by the Commissioner to act as presiding officer.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 9 - CONTESTED CASES › Section 9-5 - Discovery and Depositions

Current through July 13, 2024
(a) Until ten (10)
				days before the hearing, discovery and the taking of depositions shall be
				available to the parties as provided in
				W.S.
				16-3-107.
(b) The Commissioner is subject to the
				discovery provisions of this Section but neither the Commissioner nor any
				employee of the Division shall be required to disclose protected material, nor
				shall any of them be compelled to testify or give a deposition. Discovery
				sought from any employee of the Division initially shall be by written
				application to the Commissioner. If the Commissioner refuses to allow discovery
				in whole or in part, the aggrieved party may apply to the district court for
				the district in which the hearing is to be conducted for an order directed to
				the appropriate person to compel discovery.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 9 - CONTESTED CASES › Section 9-6 - Pre-hearing Conference; Agenda

Current through July 13, 2024
(a) At least five
				(5) days before the hearing, the hearing officer shall conduct a pre-hearing
				conference to consider the matters specified in subsection (d) of this Section.
				All parties shall attend the conference. The hearing officer may require each
				party to submit a memorandum to address the matters specified in subsection (d)
				of this Section. The conference may be conducted by telephone conference call
				or other suitable means by which all persons who are part of the conference may
				actively participate in the conference and can be heard by all other persons
				who are part of the conference.
(b)
				The Commissioner, after consultation with the hearing officer, may delegate the
				responsibility for conducting the pre-hearing conference to the deputy banking
				commissioner, to division counsel or to such other employee of the Division as
				he may deem appropriate.
(c) The
				hearing officer shall give each party at least five (5) days notice of the
				date, time and place for the pre-hearing conference.
(d) The following matters shall be considered
				at the pre-hearing conference:
(i) The names
				and addresses of witnesses whom each party intends to call to testify at the
				hearing, together with a detailed summary of the testimony expected from each
				witness;
(ii) The documentary
				evidence each party intends to introduce at the hearing;
(iii) The number, description, and purpose of
				all demonstrative exhibits each party intends to use at the hearing;
(iv) Material facts, if any, of which the
				Commissioner will be requested to take official notice pursuant to
				W.S.
				16-3-108(d);
(v) Stipulations of fact and documentary
				evidence to be admitted into the record; and
(vi) Matters requiring consideration or
				submission to the Commissioner in executive session;
(vii) The length of time to be devoted to
				presentation of cases and delivery of opening and closing statements;
(viii) Any other matters that will simplify
				the issues or otherwise allow the hearing to be conducted more efficiently and
				quickly; and
(ix) A determination
				as to whether briefs are to be filed.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 9 - CONTESTED CASES › Section 9-7 - Right to Appear at Hearing; Public Comment

Current through July 13, 2024
(a) Only parties
				may appear before the hearing officer at a hearing. Whether for himself or in a
				representative capacity, any individual may testify provided that he is called
				by a party or by the hearing officer.
(b) The hearing officer, in his discretion,
				may permit persons in attendance at the hearing to present oral comments at the
				conclusion of the hearing. The Commissioner and the parties may ask questions
				of any person who presents oral comments at the hearing.
Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 9 - CONTESTED CASES › Section 9-8 - Open Hearing; Executive Session

Current through July 13, 2024
(a) The hearing
				shall be open to the public. If a person disrupts a hearing or otherwise
				renders unfeasible the orderly conduct of the hearing, the Commissioner shall
				remove the person from the hearing and continue in session, or he may recess
				the hearing.
(b) At any time during
				the hearing, the Commissioner may adjourn and reconvene in executive session to
				consider protected material. Executive sessions of the hearing shall not be
				open to the public.