Section 1-2 - Definitions (a) When used in these Rules, Chapters 1 through 5, the following definitions apply: - (i) "Appeal period" means the period of twenty (20) days after the notice date.
- (ii) "Cease" and "desist order" means an order that instructs the ordered person to cease and desist from proscribed activity.
- (iii) "Commissioner" means the State Banking Commissioner of the state of Wyoming.
- (iv) "Contested case" means any formal or investigative hearing before the Commissioner.
- (v) "Division" means the Department of Audit, Division of Banking.
- (vi) "Hearing" means a public hearing before the Commissioner on an application as provided in W.S. 40-23-107(d) or W.S. W.S. 40-23-126(c), or an appeal from the Commissioners notice of intent.
- (vii) "Hearing date" means the date set by the hearing officer for the hearing. The hearing date shall be no less than ten (10) days and no more than ninety (90) days from the date the appeal is filed with the Commissioner. Upon agreement of the parties and the hearing officer, the hearing date may be extended past ninety (90) days from the date the appeal is filed.
- (viii) "Hearing notice" means the notice of the hearing given by the hearing officer to the respondent.
- (ix) "Hearing officer" means the any person appointed by the Commissioner to preside over a contested case.
- (x) "Notice date" means the date on which the ordered person is served with a notice of intent, which shall conclusively be the date shown on the return receipt or other reliable report of service.
- (xi) "Notice of intent" means the notice given by the Commissioner that he intends to issue a final order.
- (xii) "Order" means a cease and desist order, consent order, penalty order, order to show cause, adjustment order, or any other order issued by the Commissioner.
- (xiii) "Ordered person" means a person who or which is the subject of an order and upon whom or which the order is to operate directly.
- (xiv) "Penalty order" means an order, or such portion of an order, that imposes a civil monetary penalty.
- (xv) "Person" means an individual, sole proprietorship, partnerships, corporation, limited liability company or other entity, public or private.
- (xvi) "Proscribed activity" means, as determined by the Commissioner, any action or inaction that violates the Wyoming Residential Mortgage Practices Act.
- (xvii) "Residential mortgage loan" means a first mortgage loan made primarily for personal, family or household use and primarily secured by a security interest on residential real property in Wyoming upon which is constructed or intended to be constructed a dwelling.
- (xviii) "Respondent" means the person whose legal rights, duties, privileges, or conduct are the subject of a hearing before the Commissioner.