010-55 Wyo. Code R. §§ 55-3 - Apiaries Placed on Unregistered Locations or Within Two (2) Miles of an Existing Registered Apiary
(a) If any location
is disputed, no registration will be issued for the location until a formal
hearing is conducted.
(b) Upon
receipt of a complaint that an apiary is unregistered or is within two (2)
miles of an existing registered apiary, the Department will issue the owner of
the apiary, written notice specifying the cause of the complaint. Such notice
shall:
(i) Establish a date for a formal
hearing, to resolve the matter raised by the complaint.
(c) If on or before the date set for hearing,
the respondent establishes to the satisfaction of the Department that he has:
(i) submitted a proper registration
application for the apiary and received approval for that apiary, or
(ii) Moved the apiary to a registered
location, or
(iii) Removed the
apiary from the statethe complaint shall be dismissed.
(d) If the Department receives no response
from the respondent, the Department may, following a hearing to establish the
matter alleged, issue an order in default.
(e) On the basis of the evidence produced at
any hearing, the Department shall make findings of fact and conclusions of law
and enter an order thereon. The Department shall give written notice of such
order to the respondent and to such other persons as shall have appeared at the
hearing and made written request for notice of the order. If the respondent
does not comply with the order and make the necessary corrections, the
Department will bring an action to enforce its order.
(f) All hearings will be conducted according
to the Wyoming Administrative Procedures Act and rules adopted by the Wyoming
Department of Agriculture.
Notes
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