Statutes, codes, and regulations
Wyoming Administrative Code
Agency 018 - Real Estate CommissionSubagency 0001 - Real Estate Appraiser Board
Chapter 3 - APPLICATION REVIEW, COMPLAINTS, AND HEARING PROCEDURES
Section 3-1 - Application Review Process

018-3 Wyo. Code R. § 3-1

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Current through April 27, 2019
Section 3-1 - Application Review Process

(a) Upon receipt of a complete application submitted by an applicant holding a current permit to practice at the level of certification applied for issued by another jurisdiction, the Board office shall review the application and if it is complete and there are no known grounds for denial of the requested permit, the Board office may issue the permit. If there are grounds for denial reasonably apparent on the face of the completed application, the Board office shall forward the application to the Application Review Committee (ARC).

(b) Upon receipt of a complete application submitted by an applicant who does not hold a current permit at the level of certification applied for (new applicant), the Board office shall forward the application to the ARC.

(c) The ARC shall review the applications it receives and for new applicants conduct or arrange for a USPAP Standard 3 review of appraisal reports selected from the submitted appraisal log.

(d) Following the review the ARC may:

  • (i) Approve the application if the applicant meets all requirements; or
  • (ii) If either the application or the Standard 3 review raises questions as to whether denial is appropriate, forward the application and the ARC report to the Assistant Attorney General assigned to the Board for prosecution for review.

(e) If after review the ARC, following consultation with the Assistant Attorney General, concludes that grounds exist to recommend denial of an application:

  • (i) A preliminary denial letter shall be sent to applicant. The letter shall:
    • (A) State the basis for the denial including relevant statutes and rules; and
    • (B) Advise the applicant of the right to request reconsideration.
  • (ii) If the applicant fails to request reconsideration in writing within thirty (30) days of the date of the preliminary denial letter, the preliminary denial becomes final.
  • (iii) If the applicant requests reconsideration within thirty (30) days, a reconsideration conference shall be held with the ARC, the Assistant Attorney General, and the applicant.
  • (iv) Following a reconsideration conference, the ARC shall either approve or deny the application and notify the applicant.
  • (v) If denied, the applicant shall submit a written request for a hearing before the Board within thirty (30) days of the date of the denial letter or the denial is final.

(f) Application denial hearings

  • (i) An application denial hearing is a formal contested case hearing conducted pursuant to the Wyoming Administrative Procedure Act.
  • (ii) The applicant has the burden of proving that he/she meets all requirements for the permit requested.

(g) The ARC may attend hearings, but shall not take part in the consideration of any contested case.

018-3 Wyo. Code R. § 3-1

Amended, Eff. 6/21/2018.