020-6 Wyo. Code R. §§ 6-3 - Irrevocable Letters of Credit

(a) Letters of credit as authorized by W.S. § 35-11-418, shall be subject to the following conditions and submitted on forms provided by the Department:

(i) The letter must be payable to the Department in part or in full upon demand and receipt from the Director of a notice of forfeiture issued in accordance with W.S. § 35-11-421;

(ii) The letter shall not be in excess of ten percent of the issuing or supporting bank's capital surplus account as shown on a balance sheet certified by a certified public accountant;

(iii) The Administrator shall not accept standby letters of credit;

(iv) The Administrator shall not accept letters of credit from a bank for any person, on all permits held by that person, in excess of the limitation imposed by W.S. § 13-3-402; and

(v) The letter of credit shall provide that:

(A) The bank will give prompt notice to the permittee and the Director of any notice received or action filed alleging the insolvency or bankruptcy of the bank, or alleging any violations of regulatory requirements which could result in suspension or revocation of the bank's charter or license to do business;

(B) In the event the bank becomes unable to fulfill its obligations under the letter of credit for any reason, notice shall be given immediately to the permittee and the Director; and

(C) Upon the incapacity of a bank by reason of bankruptcy, insolvency, or suspension or revocation of its charter or license, the permittee shall be deemed to be without performance bond coverage in violation of the Act. The Director shall issue a notice of violation against any operator who is without bond coverage, specifying a reasonable period to replace bond coverage, not to exceed 90 days. During this period the Director or his designated representative shall conduct weekly inspections to ensure continuing compliance with other permit requirements, the regulations and the Act. If the notice is not abated in accordance with the schedule, a cessation order shall be issued.

(D) The irrevocable letter of credit may be cancelled by the issuer only after ninety (90) days notice to the Director, and upon receipt of the Director's written consent, which may be granted only when an alternative financial assurance substitution has been approved.

(b) The letter may only be issued by a bank organized to do business in the U.S. which identifies by name, address, and telephone number an agent upon whom any process, notice or demand required or permitted by law to be served upon the bank may be served.

(i) If the bank fails to appoint or maintain an agent in this State, or whenever any such agent cannot be reasonably found, then the Director shall be an agent for such bank upon whom any process, notice or demand may be served for the purpose of this Chapter. In the event of any such process, the Director shall immediately cause one copy of such process, notice or demand to be forwarded by registered mail to the bank at its principal place of business. The Director shall keep a record of all processes, notices, or demands served upon him under this paragraph, and shall record therein the time of such service and his action with reference thereto.

(ii) Nothing herein contained shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon the bank in any other manner now or hereafter permitted by law.

Notes

020-6 Wyo. Code R. §§ 6-3

Amended, Eff. 5/3/2019. Amended, Eff. 4/26/2023.