059-1 Wyo. Code R. §§ 1-5 - Application Review Process
(a) Upon receipt of a completed application,
the Staff shall review the application and if it is complete and, if there are
no grounds for denial, issue the license. If grounds for denial exist, the
Staff shall forward the application for review by the Prosecuting
Attorney.
(b) The Prosecuting
Attorney shall review the application and all other information available and
following the review shall:
(i) Recommend
approval of the application; or
(ii) Recommend the application be forwarded
to the ARC for review.
(c) If, after review, the ARC recommends
denial of an application:
(i) A preliminary
denial letter shall be sent to the 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 preliminary denial
letter, the preliminary denial becomes final.
(iii) If the applicant requests
reconsideration within thirty (30) days, an informal reconsideration conference
shall be held between the ARC, the Prosecuting Attorney, and the
applicant.
(iv) Following the
informal reconsideration conference, the ARC shall either approve or deny the
application.
(v) If denied, the
applicant must submit a request in writing for a hearing within thirty (30)
days of the date of the denial letter.
(vi) If the applicant fails to request a
hearing in writing within thirty (30) days of the date of the denial letter,
the denial becomes final.
(d) Application denial hearings.
(i) An application denial hearing is a formal
contested case hearing conducted before the Office of Administrative Hearings
(OAH) pursuant to the Wyoming Administrative Procedure Act W.S. §
16-3-107 through -113 and Office of
Administration Rules.
(ii) The
applicant has the burden of proving that he/she meets all requirements for the
license requested.
(e)
The ARC may attend hearings, but shall not take part in the consideration of
any contested case.
Notes
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