010-61 Wyo. Code R. §§ 61-15 - License Denial, Revocation, and Appeals

(a) The Department will deny a license application if:

(i) The applicant has made a materially false statement on the application;

(ii) The applicant failed to submit the appropriate fee;

(iii) The applicant failed to submit a correct and complete application; or

(iv) Any applicant or Key Participant of the applicant has been convicted of or pled nolo contendre to a state or federal controlled substance felony within the past 10 years. An exception applies to a person who was lawfully growing hemp under the federal Agricultural Act of 2014 before December 20, 2018, and whose conviction or nolo contendre plea also occurred before that date.

(b) The Department may deny a license application if the applicant has failed to comply with the Hemp Statute or these rules.

(c) If the Department denies a license application, the Department shall provide the applicant with a notice that includes:

(i) The specific reasons for the denial and citations to the applicable provisions of the Hemp Statute or these rules;

(ii) The actions, if any, that the applicant must take to qualify for a license;

(iii) Notice of the applicant's right to request a hearing; and

(iv) The legal authority under which the hearing is to be held.

(d) If the applicant wants a hearing to contest the denial, the applicant must request a hearing within 20 days of receiving the notice.

(e) If a hearing is requested, the Department shall schedule a time and place for the hearing, to be held not later than 30 days from the date of the request unless a later date is agreed to by the parties.

(f) The Department shall notify the applicant of the time, date and place of the hearing at least seven days before the hearing date.

(g) If prior to the hearing the applicant corrects the deficiency and all other license requirements have been met, the Department may issue a license and cancel the hearing.

(h) If the Department decides to revoke a license, the Department will provide the licensee with a revocation notice, which shall state:

(i) That the license shall be revoked 15 days after mailing of the revocation notice and that all operations shall cease at that time unless a contested case hearing is requested;

(ii) The reasons for revocation and citations to the applicable provisions of the Hemp Statute or these rules;

(iii) That the licensee may request a hearing by submitting a request to the Department within 15 days of the receipt of the notice of revocation;

(iv) The name and address of the Department representative to whom a request for a hearing may be made;

(v) That if a hearing is requested, the hearing shall be conducted by a hearing officer in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-107 through -115, and the Department's Rules of Practice and Procedure for Contested Case Hearings; and

(vi) That the licensee may appear in person or by counsel licensed to practice law in the State in Wyoming.

(i) The Department shall send all notices in this section by certified mail, return receipt requested.

(j) The director of the Department shall issue the final decision, accompanied by written findings of fact and conclusions of law.

(k) The Department shall deliver the final decision to the licensee by certified mail, return receipt requested.

(l) All hearings provided for in these rules shall be conducted in accordance with the Wyoming Administrative Procedure Act and the Department's Rules of Practice and Procedure for Contested Case Hearings. Appeal from any final order of the Department may be made as provided by the Wyoming Administrative Procedure Act.

Notes

010-61 Wyo. Code R. §§ 61-15

Adopted, Eff. 5/23/2024.