(a) Upon receipt of an application, the Director shall: - (i) approve the application if it is complete and the applicant meets all requirements;
- (ii) request additional information from the applicant if incomplete;
- (iii) forward the application to the Assistant Attorney General assigned to the Board for prosecution for review and potential referral to Application Review Committee (ARC) if the application raises a question as to whether denial may be appropriate under Section 3(c).
(b) Incomplete Applications. - (i) An application is incomplete if it does not include:
- (A) educational requirements;
- (C) any other information requested on the application.
- (ii) If the applicant fails to submit the requested additional materials within 30 days of the Director's request, the application shall be considered incomplete and shall be returned to the applicant with no License issued.
- (iii) If the applicant submits additional materials the Director may either:
- (A) approve the application if all requirements are met;
- (B) deny, if after 30 days, requirements are not met;
- (C) forward the application to the Assistant Attorney General for review and potential referral to ARC if the application raises questions as to whether denial under Section 3(c) is appropriate.
- (I) Applications are first forwarded to the Assistant Attorney General for cursory review. Upon Assistant Attorney General approval, applications are referred to ARC for review and recommendation.
- (II) ARC reviews the application and recommends action.
(c) Denial of Applications - (i) Applications may be denied for the following reasons:
- (A) lack of required education;
- (B) conviction of a felony;
- (C) false representation on the application.
- (ii) If, after review, ARC recommends denial of an application 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.
- (iii) If the applicant fails to request reconsideration in writing within 30 days of receipt of the preliminary denial, the preliminary denial becomes final.
- (iv) If the applicant requests reconsideration within 30 days, a reconsideration conference shall be held with ARC, the applicant, the Director, and the Assistant Attorney General.
- (v) Following a reconsideration conference, ARC shall make a recommendation to either issue the License, Permit, or Exception Authorization applied for or deny the application.
- (vi) If denied, the applicant must submit a written request for a hearing, within 30 days of the date of the denial letter.
(d) Hearings - (i) A hearing is a formal contested case hearing conducted pursuant to the Wyoming Administrative Procedure Act, Wyo. Stat. Ann. 16-3-101 et seq., following the procedures in Sections 10 through 22 of this Chapter.
- (ii) The hearing is to be conducted in the presence of a quorum of the board, with a hearing officer presiding.
- (iii) Applicant has the burden of proving that he/she meets the requirements for the License, Permit, or Exception Authorization for which he/she has applied.