reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 10 - PRECEPTORSHIP TRAINING PROGRAMS › Section 10-4 - Practice Limitations

Current through July 13, 2024
(a) Under the supervision of the supervising
				licensee and commensurate with the intern's education, training, and
				experience, an intern may engage in the practice of chiropractic, as defined in
				Wyoming Statute
				33-10-101, except that an intern
				shall not perform any procedure defined as a chiropractic specialty requiring
				certification unless the intern and the supervising licensee have met the
				eligibility requirements in Section
				2 of this chapter for that
				specialty.
(b) "Direct supervision"
				means that a supervising licensee provides guidance for the services to be
				provided with initial direction and periodic inspection of the service
				performance and is present on the premises while the services are being
				provided.
(c) At all times when
				patients may be present, the intern shall wear a badge showing the intern's
				name and the title "Intern" in capital letters equal in size to the
				name.
(d) Before an intern conducts
				an examination or renders care to a patient, the supervising licensee shall
				secure from the patient a written consent to the examination or care. The
				written consent shall specify that the patient understands that an intern is
				not a licensed doctor, and that the supervising licensee retains responsibility
				for quality of care. The supervising licensee shall maintain the signed consent
				as a part of the patient's file.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 10 - PRECEPTORSHIP TRAINING PROGRAMS › Section 10-5 - Regulation and Termination of the Preceptorship Program

Current through July 13, 2024
(a) The Board, on its own initiative or upon
				receipt of a complaint, may investigate conduct of an intern or supervising
				licensee occurring within the program for compliance with this
				Chapter.
(b) If the Board receives
				written verification from a chiropractic college or university that the intern
				or supervising licensee is no longer concurrently participating in the
				associated chiropractic college program, the Board shall terminate approval of
				the intern's permit.
(c) An intern
				may participate in a preceptorship program until the intern's date of
				graduation from a chiropractic college or university.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 11 - CHIROPRACTIC PRACTICE › Section 11-1 - Authority

Current through July 13, 2024
The Board promulgates these rules according to authority
				  granted by Wyoming Statute
				  33-10-104.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 11 - CHIROPRACTIC PRACTICE › Section 11-2 - Practice of Chiropractic

Current through July 13, 2024
(a) It is the expectation of the Board that
				licensees maintain the highest degree of professionalism and should:
(i) Place the welfare of patients
				first;
(ii) Maintain acceptable and
				appropriate standards of practice;
(iii) Adhere to recognized ethical
				codes;
(iv) Properly supervise
				non-provider clinicians; and
(v)
				Protect patient confidentiality.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 11 - CHIROPRACTIC PRACTICE › Section 11-4 - Patient Records

Current through July 13, 2024
(a) Basic Requirements.
(i) Records include any medical decision
				making documents, whether hard copy or digital.
(ii) Each patient record shall, at a minimum,
				include legible documentation of the following:
(A) The patient's identifying information and
				identity of the treating licensee and all health care providers;
(B) The reason for the clinical encounter,
				including any subjective complaints and pertinent history;
(C) The current objective findings and
				results of diagnostic studies;
(D)
				The diagnosis and assessment of the patient's condition;
(E) A management and care plan, including the
				recommendations, intended goals, prognosis, modifications to the plan, and the
				procedures provided;
(F) Evidence
				of informed consent.
(G)
				Radiographs shall include the patient's first name, last name, date of birth,
				date of study, and location of study. It is preferable to embed this
				information in the radiograph.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 11 - CHIROPRACTIC PRACTICE › Section 11-5 - Advertising

Current through July 13, 2024
(a) Licensees shall not advertise in any
				manner that is deceptive to the public. Advertisements include, but are not
				limited to, the use of social media.
(b) Licensees claiming expertise shall
				provide their related credential and training in all advertising.
(c) Doctor of Chiropractic, Chiropractor, or
				D.C. or equivalent shall prominently appear in all advertising.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 11 - CHIROPRACTIC PRACTICE › Section 11-6 - Prepaid Care Plans

Current through July 13, 2024
(a) Any arrangement or agreement between a
				licensee and a patient for a course of future treatment for which funds in an
				amount of five hundred dollars ($500.00) or more during any twelve (12) month
				period are collected in advance of these services shall be considered a prepaid
				care plan within the meaning of this section. Services under a prepaid care
				plan may cost less than if the services were purchased individually. The
				reduction in cost must bear a reasonable relationship to the expense avoided by
				the provider due to reduced accounting and debt collection activities. The
				prepaid care plan may provide for either an annual or monthly fee out of
				pocket. A licensee who offers such a plan is subject to the following
				requirements:
(i) Escrow account. A designated
				escrow account insured by the Federal Deposit Insurance Corporation, state
				bank, or credit union shall be established for deposit of all funds received in
				connection with the prepaid care plan. Such funds may not be commingled with a
				licensee's personal or business account.
(A)
				All instruments, including checks and deposit slips, must bear the phrase
				"Escrow Account."
(B) The licensee
				shall maintain a clear accounting of all funds received, including date and
				from whom the funds were received.
(C) The licensee shall maintain a clear
				accounting of all disbursements including the dates and to whom the
				disbursements were made, and to which patient the disbursements are to be
				applied or accounted for.
(D) No
				more than one escrow account is required regardless of the number of prepaid
				plans maintained by the licensee.
(E) Funds may only be transferred out of the
				escrow account for the following reasons:
(I)
				After services, goods, or appliances have been provided to the patient, and
				only in the usual and customary amounts specifically related to the services,
				goods, or appliances provided;
(II)
				To reimburse the patient any amounts owed following a notice by either the
				patient or the licensee to terminate the prepaid plan. Any amounts must be
				transferred according to the written agreement; or
(F) The licensee shall cause a reconciliation
				of the escrow account to be made no less than quarterly, with a copy provided
				to the patient, and shall retain a copy of the reconciliations and all
				supporting documents for no less than seven (7) years.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 11 - CHIROPRACTIC PRACTICE › Section 11-7 - Practice Closures

Current through July 13, 2024
(a) When a licensee retires, terminates
				employment, or otherwise leaves a chiropractic practice, the licensee is
				responsible for ensuring that active patients (those seen in the last
				twenty-four (24) months) receive reasonable notification and are given the
				opportunity to arrange for the transfer of their patient records. Such
				notification shall be provided no later than thirty (30) days after retirement,
				termination, or any other reason for leaving.
(b) A licensee or the chiropractic clinic
				which employs the licensee should not withhold information from a departing
				chiropractor which is necessary for the notification of patients.
(c) A licensee or their estate(s)
				transferring patient records in connection with the sale of a practice shall
				notify the active patients no more than thirty (30) days preceding the sale
				that the records are being transferred and should provide the patient with
				information sufficient to secure the transfer of the patient record. A copy of
				this notice shall also be provided to the Board office within the same
				timeframe. The notice shall also disclose whether any charges will be billed by
				the provider for supplying the patient or the provider chosen by the patient
				with the originals or copies of the patient's records. Such charges shall not
				exceed the actual costs of copying and mailing or delivering the records.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 12 - PRACTICE AND PROCEDURES FOR APPLICATIONS › Section 12-1 - Authority

Current through July 13, 2024
The Board promulgates these rules according to authority
				  granted by Wyoming Statute
				  33-10-110 and
				  16-3-103(j)(i).
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 12 - PRACTICE AND PROCEDURES FOR APPLICATIONS › Section 12-2 - Application Review

Current through July 13, 2024
(a) Assigning Application Review Committee
				(ARC).
(i) Board staff shall review all
				applications for a license.
(ii)
				When Board staff determines that there may be grounds to deny a license or
				approve a license subject to discipline or restrictions, Board staff shall
				refer the application to an ARC.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 12 - PRACTICE AND PROCEDURES FOR APPLICATIONS › Section 12-3 - Hearing Procedure

Current through July 13, 2024
(a) Upon receiving a written request for a
				hearing from an applicant, the Board or a hearing officer appointed by the
				Board shall begin a contested case proceeding. Board staff or the hearing
				officer shall serve a Notice of Hearing on the applicant at least thirty (30)
				days before the hearing. The Notice of Hearing shall contain:
(i) A brief statement of the matters
				asserted, including:
(A) The ARC's
				recommendation;
(B) The facts upon
				which the recommendation is based; and
(C) The statutory provisions or Board rules
				the applicant is alleged to have violated or failed to meet to qualify for
				licensure.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 13 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 13-1 - Authority

Current through July 13, 2024
The Board promulgates these rules according to authority
				  granted by Wyoming Statute
				  33-10-110 and
				  16-3-103(j)(i).
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 13 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 13-2

Current through July 13, 2024
The Board may take disciplinary action for the
				  following:
(a) Licensee violating the
				Board's practice act or rules;
(b)
				Licensee violating a Board order.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 13 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 13-3 - Complaint Review and Disciplinary Investigation

Current through July 13, 2024
(a) Complaints that a licensee has violated
				the Board's practice act or the Board's rules shall be submitted to the Board's
				office. Board staff may initiate complaints.
(b) After receiving a complaint or initiating
				a complaint, Board staff shall assign the complaint to an Investigation
				Committee (IC) for investigation.
(c) After reviewing and investigating the
				complaint, the IC may recommend that the Board:
(i) Dismiss the complaint;
(ii) Summarily suspend a license;
(iii) Approve a settlement agreement;
				or
(iv) Discipline the licensee,
				including revocation, suspension, restriction, condition, or
				reprimand.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 13 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 13-4 - Summary Suspension

Current through July 13, 2024
(a) An IC may recommend that the Board
				summarily suspend a license at any time when the IC or Board staff believes
				that the licensee's continued practice imperatively requires emergency action
				to protect the public health, safety, or welfare.
(b) The IC shall notify the licensee of its
				intent to recommend summary suspension. The Notice of Intent shall contain:
(i) A copy of the complaint, if
				any;
(ii) A description of the
				grounds for the summary suspension recommendation; and
(iii) Notice that an expedited summary
				suspension proceeding shall be set at the earliest opportunity a quorum of
				Board members may be assembled.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 13 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 13-5 - Surrender in Lieu of Discipline and Licenses Issued in Error

Current through July 13, 2024
(a) A licensee may petition the Board, in
				writing, to voluntarily surrender a license in lieu of discipline.
(i) The IC shall recommend that the Board
				approve or deny the petition.
(ii)
				The Board may approve or deny the petition.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 13 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 13-6 - Hearing Procedure

Current through July 13, 2024
(a) There shall be a presumption of lawful
				service of a Notice of Intent, Petition, Notice of Hearing, or any other
				communication required by these rules if sent by U.S. mail to the address the
				licensee most recently supplied to the Board.
(b) The IC shall notify the licensee of its
				intent to file a petition for disciplinary action. The Notice of Intent shall:
(i) Include a brief description of the facts
				or conduct that warrant the intended action;
(ii) Include a description of the nature of
				the discipline the IC intends to seek; and
(iii) Provide the Licensee no less than
				thirty (30) days to show that the licensee has complied with all lawful license
				requirements.
Wyoming Administrative Code › Agency 030 - Chiropractic Examiners, Board of › Sub-Agency 0001 - Chiropractic Examiners, Board of › Chapter 13 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 13-7 - Petition for Modifying Conditions or Restrictions

Current through July 13, 2024
(a) A licensee may petition the Board to
				modify any conditions or restrictions on his or her license. The licensee shall
				submit a written petition for modification to the Board office. The petition
				for modification shall include evidence demonstrating:
(i) Compliance with all previously entered
				Board orders;
(ii) That the
				modification is consistent with any treatment plan or medical orders, if
				applicable; and
(iii) That the
				modification will ensure the public is adequately protected.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules and regulations are promulgated by the Wyoming
				  Collection Agency Board pursuant to authority granted in
				  W.S.
				  33-11-106 and
				  16-3-102.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Fees

Current through July 13, 2024
(a) License processing fees are established
				as follows:
(i) New Agency License
				$500.00
(ii) New Branch License
				$500.00
(iii) Agency Renewal
				$150.00
(iv) Branch Renewal
				$150.00
(v) Copy Charge, per page $
				1.00
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Compliance witli Rules and Statutes

Current through July 13, 2024
(a) All collection
				agencies and their resident managers shall be expected to fully comply with all
				of the provisions of these Rules and the Collection Agency Act, being W.S. 33-1
				MOl through
				
										33-11-116.
(b) A printed copy of the Collection Agency
				Act and the Board's rules and regulations shall be made available to state
				agencies and licensees upon request, free of charge,
(c) Any other organization may obtain a
				printed copy of the Collection Agency Act and the Board's rules and regulations
				in the following manner:
(i) A payment in the
				amount of $25.00 must accompany a written request for a printed copy.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - Requests for Roster of Licensees

Current through July 13, 2024
(a) A printed copy
				of the roster shall be made available to stale agencies and licensees upon
				request, free of charge.
(b) Any
				other person may obtain a printed copy of the roster in the following manner:
(i) A payment in the amount of $25.00 must
				accompany a written request for a printed copy.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - LICENSING › Section 2-1 - Authority

Current through July 13, 2024
The board is authorized under Wyoming Statute
				  33-11-106 and
				  33-11-107(d) to
				  promulgate rules and regulations related to the licensing of collection
				  agencies in Wyoming.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - LICENSING › Section 2-3 - Application and Fees

Current through July 13, 2024
(a) Each
				application for a new or renewing collection agency license shall be submitted
				through the registry.
(b) In
				addition to any fees assessed by the registry, license fees payable to the
				Collection Agency Board are established as follows:
(i)
New Agency License
$500.00
(ii)
New Branch License
$500.00
(iii)
Agency Renewal
$150.00
(iv)
Branch Renewal
$150.00
(c)
				The license fee shall not be refunded for any reason.
(d) The applicant or licensee may submit the
				required surety bond or deposit, in accordance with
				W.S.
				33-11-108, at the time of the
				application.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - LICENSING › Section 2-4 - Trust Accounts, Exceptions

Current through July 13, 2024
(a) Except as
				provided in subsection (b), each licensee shall maintain, at all times, a trust
				account for the benefit of its clients which shall contain, at all times,
				sufficient funds to pay all sums due or owed to clients. The trust account
				shall be maintained at a bank, savings and loan association, savings bank or
				credit union which is insured by the Federal Deposit Insurance Corporation or
				the National Credit Union Administration, until disbursed to the creditor. Such
				account shall be clearly designated as a trust account and shall be used only
				for such purposes and not as an operating account. A deposit of all funds
				received to a trust account followed by a transfer of the agency share of the
				collection to an operating account is not a violation of this
				section.
(b) A license whose sole
				activity is to operate as a debt buyer as defined in
				W.S.
				33-11-101(a)(xv) is exempt
				from the requirement to maintain a trust account on the following conditions:
(i) Verify at the time of initial
				application, on a form prescribed by the board, that the licensee's sole
				activity is a debt buyer defined in
				W.S.
				33-11-101(a)(xv);
(ii) Verify annually at the time of renewal,
				on a form prescribed by the board, that the licensee's sole activity is a debt
				buyer as defined in
				W.S.
				33-11-101(a)(xv).
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - LICENSING › Section 2-5 - Resident Manager

Current through July 13, 2024
(a) A person may be
				qualified as a resident manager for no more than fifteen (15) collection
				agencies in this state.
(b) To
				qualify as a new resident manager the applicant shall:
(i) Complete a resident manager application
				supplied by the board.
(ii) Pass an
				examination administered by the board.
(iii) For each time the applicant takes the
				examination, pay an examination fee of $100.00.
(iv) Have at least three years of experience
				in third-party collection business.
(v) Reimburse the board for its actual
				background investigations expenses not to exceed $50.00.
(vi) Demonstrate financial responsibility to
				the Board through a credit report or other verifiable means.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - LICENSING › Section 2-6 - Financial Statements

Current through July 13, 2024
Each licensee shall submit:
(a) A complete and legible financial
				statement on a form supplied by the Board.
(b) Financial statements over six months old
				will not be accepted by the Board.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - LICENSING › Section 2-7 - Forms and Contracts

Current through July 13, 2024
Every applicant for a new agency or branch license must
				  submit with its application copies of templates of all standard client
				  contracts and copies of all form letters used to communicate with consumers in
				  the State of Wyoming. After licensing, any new forms reflecting a substantive
				  change adopted for use shall be submitted to the Board with the applicant's
				  next renewal.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - LICENSING › Section 2-10 - Renewal

Current through July 13, 2024
(a) Any licensee
				desiring to renew its collection agency license must submit the application for
				renewal through the registry during the renewal period of November 1 through
				December 1 each year.
(b) Renewal
				applications submitted through the registry after December 1 shall be
				sanctioned according to the following schedule:
(i) Submitted December 2 through December 15:
				$250.00
(ii) Submitted December 16
				through December 31: $750.00
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - OPERATION › Section 3-1 - Remittances

Current through July 13, 2024
All licensees shall account and remit to their clients for
				  all money collected within thirty (30) days from the last day of the month in
				  which the same is collected, and said accounting shall be in the form of a
				  statement which shall show date and amount of each payment collected. If
				  accounts are forwarded from another agency and more than one (1) account has
				  been forwarded against the same debtor, the statement shall show to which
				  account the payment was credited. The statement shall be in such a form as may
				  be retained by the client or forwarder, and shall not be on or as part of a
				  check to be cashed.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - OPERATION › Section 3-2 - Accounting to Consumers

Current through July 13, 2024
At the consumer's written or verbal request, licensees shall
				  furnish to the consumer a complete written accounting of matters pertaining to
				  him. Such an accounting should itemize his debts turned over for collection
				  and, in each instance, the name of the creditor, amount claimed to be owed,
				  added charges if any, date and payment received and the amount still owing.
				  Such requests from any one consumer should be reasonable in number, and in no
				  instance will be required more often than payments are made.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - OPERATION › Section 3-3 - Litigation and Fees

Current through July 13, 2024
No licensee shall collect or sue, either as an assignee or
				  as agent for any creditor, for more than the actual amount due or claimed to be
				  due on any claim or claims, plus legal interest and court costs; provided, when
				  suit is brought upon a note or notes providing for an attorney fee, such
				  attorney fee may be added if the licensee is represented by a duly licensed
				  attorney, in which case the attorney fee shall be paid to such attorney and no
				  part thereof shall be retained by the licensee.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - OPERATION › Section 3-4 - Returning Claims

Current through July 13, 2024
(a)In returning
				claims, licensees shall return all valuable papers deposited with such
				claims.
(b) Claims which are
				canceled according to the agreement with the client or the policy statement of
				the collection agency will be returned to the client and no further attempts to
				collect will be made.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - OPERATION › Section 3-5 - Change of Manager

Current through July 13, 2024
Notice must be given to the Board within ten (10) days of
				  any change in resident manager. The licensee shall have ninety (90) days within
				  which to replace the resident manager. Additional time for replacement may be
				  granted by the Board upon good cause shown therefore.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - OPERATION › Section 3-7 - Termination of Business

Current through July 13, 2024
If any licensee should cease doing business as a collection
				  agency, the licensee:
(a) Shall give
				written notification to the Collection Agency Board.
(b) Shall send a written notification to each
				creditor-client who has an account with the licensee that the licensee will
				cease doing business. Such notification shall be sent at least thirty (30) days
				prior to cessation of business and shall include the following information:
(i) Name of the terminating or transferring
				agency.
(ii) The date upon which
				the licensee will cease doing business.
(iii) The name, address and telephone number
				of a person from the terminating or transferring agency whom the
				creditor-client may contact after business has been terminated.
(iv) A statement listing and accounting for
				all accounts to be returned or transferred by the agency, indicating, but not
				limited to account balance and present payment status.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - OPERATION › Section 3-8 - Transfer of Accounts Upon Sale of the Business

Current through July 13, 2024
(a)
				Upon the sale of the business, a licensee shall not transfer or sell any of its
				accounts to another licensee until the notices required by Section 7.(b) of
				this Chapter have been made.
(b) No
				other licensee shall purchase or take over the accounts, either wholly or in
				part, of a licensee who is going out of business without receiving evidence
				that the requirements of Section 7.(b) have been complied with OR without
				assuming, by agreement, the responsibility of completing the requirements of
				Section 7.(b) of this Chapter.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 4 - GENERAL CONDUCT › Section 4-1 - Ethical Conduct

Current through July 13, 2024
The members of the Board feel that it is their duty to
				  require certain standards to be adhered to by licensees. Therefore, they
				  require as follows:
(a) Every licensee
				shall deal openly, fairly and honestly in the conduct of the collection agency
				business.
(b) Licensee shall take
				all reasonable precautions to correctly identify the consumer.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 4 - GENERAL CONDUCT › Section 4-2 - Desk Names

Current through July 13, 2024
(a) The proper use
				of an alias or "desk name" by a debt collector does not constitute a violation
				of Section 1.(a) Chapter IV of these rules, provided:
(i) A desk name shall be defined as a name
				used other than by which a collector is generally known;
(ii) Use shall not interfere with the ability
				to identify the collector;
(iii)
				Only one such name may be used by each collector; and
(iv) The collector will continue to identify
				the agency he or she is associated with.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 4 - GENERAL CONDUCT › Section 4-3 - Solicitation

Current through July 13, 2024
Collection agencies must make full and fair disclosure of
				  all charges. No licensee or its solicitors shall solicit claims for collection
				  under any ambiguous or deceptive contract.
A standard agreement or
				  policy statement governing all relevant terms and conditions of the agreement
				  between the agency and its clients, including provisions for remittance and
				  cancellation and return of accounts, shall be reduced to writing and a copy
				  provided to clients and the Collection Agency Board.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 4 - GENERAL CONDUCT › Section 4-5 - Intimidation

Current through July 13, 2024
No licensee shall collect, or attempt to collect, by the use
				  of "shame cards" or "shame automobiles" or similar devises; by methods of
				  intimidation, or by methods contrary to postal regulations.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 4 - GENERAL CONDUCT › Section 4-6 - Fair Debt Collection Practices Act

Current through July 13, 2024
The Fair Debt Collection Practices Act (FDCPA) as issued and
				  amended as of October 13, 2006, and contained in Title I of the Consumer Credit
				  Protection Act (
				  15 U.S.C.
				  1601 et seq.) is hereby adopted as if fully
				  set forth herein, except as otherwise set forth in this Chapter. Incorporation
				  of the full text of the FDCPA in these rules would be unduly cumbersome or
				  expensive. These Rules do not include any later amendments or editions of the
				  FDCPA past October 13, 2006. Copies of the FDCPA are available for public
				  inspection at the Department of Audit, Division of Banking, 122 W.
				  25th Street, 3rd Floor
				  East, Cheyenne, Wyoming 82002. Copies of the FDCPA are available at cost from
				  the Department of Audit, Division of Banking.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-1 - Authority

Current through July 13, 2024
The Rules of Practice and Procedure are promulgated by
				  authority of
				  W.S.
				  33-11-106 and
				  33-11-112, and pursuant to the
				  Wyoming Administrative Procedure Act, in particular, W.S. W.S.
				  W.S.
				  16-3-102.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-3 - Complaints

Current through July 13, 2024
(a) Written complaints against a licensee
				shall be verified and filed with the Board and should contain:
(i) Name and address of the
				licensee;
(ii) Name, address and
				telephone number of complainant;
(iii) Nature of alleged violations;
(iv) A short and concise statement of facts
				relating to the alleged violations;
(v) Signature of complainant; and
(vi) A verification before a Notary
				Public.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-4 - Investigation

Current through July 13, 2024
(a) The Board shall consider the complaint to
				determine if further investigation of the matter is warranted. Because of the
				small size of the Board, the rule of necessity dictates that the following
				pre-screening procedure be adopted:
(i) If the
				complaint does not show a violation on its face, it will be summarily
				dismissed.
(ii) If the complaint
				shows a possible violation on its face, the agency will be requested to respond
				in writing to the Board.
(iii) If
				upon review of the response the Board determines that the issue has been
				resolved, the complaint will be dismissed.
(iv) If upon review of the response the Board
				determines that the issue has not been resolved, the complaint will be assigned
				to an independent investigator who shall be assisted by a representative of the
				Attorney Generals Office for further investigation.
(v) The independent investigator shall report
				his or her results and conclusions directly to his or her representative of the
				Attorney Generals Office and not to the Board.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-5 - Service of Notice and Formal Complaint

Current through July 13, 2024
Notice and Complaint shall be served by mail at least thirty
				  (30) days prior to the date set for hearing. It shall be sent by certified mail
				  with return receipt thereof to the last known licensee's
				  address.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-6 - Docket

Current through July 13, 2024
A contested case shall be assigned a number when a complaint
				  is filed with the Board. A separate file shall be established for each docket
				  case, in which shall be placed all papers, pleadings, documents, transcripts,
				  evidence and exhibits.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-7 - Answer or Appearance

Current through July 13, 2024
The licensee shall file an Answer or Notice of Appearance,
				  which shall be received by the Board at least ten (10) working days prior to
				  the date set for hearing in the matter.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-8 - Default in Licensee Answering or Appearing

Current through July 13, 2024
In the event of the failure of the licensee to answer or
				  otherwise appear within the time allowed, a default may be entered and the
				  allegations as set forth in the Notice and Complaint shall be taken as true an
				  Order of the Board entered accordingly.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-10 - Subpoenas

Current through July 13, 2024
Subpoenas for appearance and to produce testimony, books,
				  papers, documents or exhibits may be issued by the Board on behalf of any party
				  to the contested case.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-11 - Contested Case Hearing

Current through July 13, 2024
All issues and matters set forth in the Notice and Complaint
				  shall be presented to the Board. The licensee may be represented by an
				  attorney, licensed to practice law in this State or is otherwise associated at
				  the hearing with an attorney licensed to practice law in this
				  State.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-12 - Hearing Officer

Current through July 13, 2024
The Board may employ and secure a hearing officer to assist
				  and advise the Board in the conduct of a hearing and the preparation of
				  recommended findings of fact, conclusions of law and order.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-13 - Order of Procedure at Hearing

Current through July 13, 2024
As nearly as may be, hearings shall be conducted in
				  accordance with the following order of procedure:
(a) The Board or hearing officer shall
				announce that the hearing is convened upon the call of the docket number and
				title of the matter and case to be heard, and thereupon the Board or hearing
				officer shall incorporate all pleadings into the record and shall note for the
				record all subpoenas issued and all appearances of record;
(b) To ensure that the Board has retained its
				impartiality in the matter, each individual Board member may be subject to a
				Voir Dire examination by any party in interest;
(c) All persons testifying at the hearing
				shall be administered the standard oath;
(d) The attorney or representative of the
				State shall thereupon proceed to present States evidence. Witnesses may be
				cross-examined by the licensee or attorney if represented. Redirect examination
				may be permitted;
(e) The licensee
				shall be heard in the same manner as the States evidence. The state shall have
				the opportunity of cross-examination and redirect examination may be
				permitted;
(f) No opening statement
				shall be made, but each of the parties may offer rebuttal evidence within the
				discretion of the Board or hearing officer;
(g) Closing statements, at the conclusion of
				the presentation of evidence, may be made by the parties or attorneys. No
				rebuttal statement may be made by any of the parties to the proceeding. The
				time for oral argument may be limited by the Board or hearing
				officer;
(h) After all proceedings
				have been concluded, the Board or hearing officer shall dismiss and excuse all
				witnesses and declare the hearing closed. Any party who may wish or desire to
				tender written briefs of law unto the Board may do so. The Board may take the
				case under advisement and shall declare unto each of the parties that the
				decision of the Board shall be announced within due and proper time following
				consideration of all of the matters presented at the hearing; and
(i) The Board and hearing officer shall
				retain the right and opportunity to examine any witness upon the conclusion of
				all testimony offered by a particular witness.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-14 - Rules of Civil Procedure to Apply

Current through July 13, 2024
The rules of practice and procedure contained in the Wyoming
				  Rules of Civil Procedure insofar as they are applicable and not inconsistent
				  with the matters before the Board and applicable to the rules and orders
				  promulgated by the Board shall apply.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-15 - Attorneys

Current through July 13, 2024
The filing of an answer or other appearance by an attorney
				  constitutes an appearance for the party for whom the pleading is filed. The
				  Board and all parties shall be notified in writing of any withdrawal. Any
				  person appearing before the Board at a hearing in a representative capacity
				  shall be precluded from examining or cross-examining any witness unless the
				  person is an attorney licensed to practice law in this State, or associated
				  with an attorney licensed to practice law in this State. This rule shall not be
				  construed to prohibit any licensee or permittee from representing themselves in
				  any hearing before the Board, but any licensee appearing in their own behalf
				  shall not be relieved of abiding by all rules established for the hearing
				  proceedings.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-16 - Record of Proceedings

Current through July 13, 2024
When the denial, revocation or suspension of any license is
				  the subject for hearing, it shall be regarded as a contested case and the
				  proceedings, including all testimony, shall be reported verbatim by a court
				  reporter or other adequate recording device.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-17 - Decision, Findings of Fact and Conclusions of Law and Order

Current through July 13, 2024
(a) The Board may require that each party in
				interest submit to the Board their Proposed Findings of Fact and Conclusions of
				Law within five (5) days from the conclusion of the hearing;
(b) The Board shall make and enter a written
				decision and order containing findings of fact and conclusions of law. The
				decision and order shall be filed with the Board and shall, without further
				action, become the decision and order as a result of the hearing.
(c) The decision of the Board shall be based
				totally on the evidence presented at the hearing and no staff or agent of the
				Board who participated or advised in the investigation or presentation of
				evidence at the hearing shall participate or advise in the decision.
(d) Upon entry and filing, the Board shall
				mail copies of the decision to each licensee and attorneys of record.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-18 - Transcript in Case of Appeal

Current through July 13, 2024
In the case of an appeal to the district court, the
				  appellant shall pay and arrange for the transcript of the testimony. The
				  transcript shall be verified by the oath of the reporter who took the testimony
				  as a true and correct transcript of the testimony and other evidence in the
				  case. If the proceedings were not stenographically recorded or transcribed, the
				  appellant shall pay and arrange for a written transcript of the audio recording
				  of the proceedings. This transcript need not be verified by oath as the tapes
				  of the proceedings shall always be included as a part of the record or
				  appeal.
Wyoming Administrative Code › Agency 031 - Collection Agency Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 5-19 - Reproduction of Collection Agency Files

Current through July 13, 2024
Copies of documents from the collection agency files may, in
				  proper cases, be made available to interested persons having a right thereto by
				  the payment of the following fees to the Collection Agency Board: $1.00 for
				  each page. These fees may be waived in behalf of governmental
				  agencies.
Wyoming Administrative Code › Agency 057 - Community College Commission, Wyoming › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - DEFINITIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules are promulgated pursuant to Wyoming Statutes
				  21-16-1901 through
				  21-16-1907, 21-18-201 through
				  21-18-226 and
				  21-18-402.