1
notice and an opportunity for a hearing. Hearings shall be 2
conducted as a contested case.
3 4
(b) The board may conduct investigations and issue 5
subpoenas for the attendance of witnesses and the 6
production of evidence.
7 8
(c) The board may settle a disciplinary matter without 9
a formal hearing.
10 11
(d) The board shall notify the clerk of each county in 12
the state and the secretary of state, in the case of a 13
business entity, of suspension or revocation of a license, 14
intern certificate or business entity registration and of 15
the reissuance of a suspended or revoked license, 16
certificate or business entity registration.
17 18
33-29-704. Judicial review.
19 20
Except as provided by W.S. 33-29-706, any final action or 21
order of the board is subject to judicial review as 22
provided in W.S. 16-3-114.
23 24
32 SF0018 33-29-705. Reinstatement.
1 2
A licensee, intern or business entity may apply for 3
reinstatement of a license, intern certificate or business 4
registration upon fulfilling disciplinary conditions 5
imposed by the board. The board may grant or deny the 6
application and may modify its original findings.
7 8
33-29-706. Court ordered suspension of license.
9 10
Upon receipt from the department of family services of a 11
certified copy of an order from a court under W.S. 20-6-112 12
to withhold, suspend or otherwise restrict a license issued 13
by the board, the board shall notify the party named in the 14
court order of the withholding, suspension or restriction 15
in accordance with the terms of the court order. No appeal 16
under the Wyoming Administrative Procedure Act shall be 17
allowed for action taken under this section.
18 19
33-29-707. Civil penalties.
20 21
(a) In addition to any disciplinary action taken with 22
respect to a license, intern certificate or business entity 23
registration, the board may impose a civil penalty upon any 24
33 SF0018 person who violates this act or a rule or order of the 1
board. The penalty may be up to two thousand dollars 2
($2,000.00) for each violation and may include the board's 3
costs and expenses for the investigation and prosecution 4
and reasonable attorney's fees.
5 6
(b) The board shall notify the person accused of a 7
violation in writing of the nature of the alleged 8
violation. Upon receipt of a notice of violation the 9
person receiving it shall pay the assessed civil penalty to 10
the board within sixty (60) days or file an appeal to the 11
board. The appeal shall be conducted as a contested case 12
before a hearing examiner of the office of administrative 13
hearings, who shall recommend a decision to the board.
14 15
(c) A civil penalty may be recovered in an action 16
brought in the name of the board in the district court.
17 18
33-29-708. Criminal penalties.
19 20
Any person who violates any provision of this act is guilty 21
of a misdemeanor punishable by a fine of not more than one 22
thousand dollars ($1,000.00), by imprisonment of not more 23
34 SF0018 than one (1) year, or both. Each violation shall constitute 1
a separate offense.
2 3
33-29-709. Injunctions; enforcement of subpoenas.
4 5
(a) In addition to the discipline and penalties in 6
W.S. 33-29-701, 33-29-707 and 33-29-708, the board may seek 7
an injunction in the district court to enjoin any person 8
from violating this act or the board's rules or orders.
9
The board is authorized to apply for injunctive relief 10
without bond. It shall not be necessary to allege or prove 11
an adequate remedy at law does not exist or irreparable 12
harm would result from the continued violation of this act.
13 14
(b) In case of refusal to obey a subpoena served by 15
the board upon any person, the district court for any 16
county in which the person is found or resides or transacts 17
business, upon application by the board, may issue an order 18
requiring the person to appear and give testimony or to 19
appear and produce documents or both. Any failure to obey 20
the order of the court may be punished by the court as 21
contempt.
22 23
ARTICLE 8 24
35 SF0018 FILING AND RECORDING
1 2
33-29-801. Maps, plats, plans and designs for filing 3
or recording to be certified by professional engineer or 4
professional land surveyor; exception; size of maps.
5 6
(a) Except for filings with the oil and gas commission 7
pursuant to rules of the oil and gas commission, all maps, 8
plats, plans, designs and all other engineering and 9
surveying documents required to be filed or recorded in the 10
state engineer's office, the office of state lands and 11
investments, all county clerks' offices, all city or town 12
offices, or any other office of public record in the state 13
of Wyoming, shall comply with the following requirements:
14 15
(i) Be made by or under the responsible charge 16
of a professional engineer or professional land surveyor 17
and be signed by and bear the seal of the professional 18
engineer or professional land surveyor;
19 20
(ii) Hardcopy originals shall be drawn in either 21
waterproof black ink or acetate ink or shall be an 22
acceptable photographic or other kind of reproduction on 23
good quality polyester base drafting film in a minimum 24
36 SF0018 thickness of four-thousandths (.004) inch or as otherwise 1
required by the receiving entity;
2 3
(iii) Maps formatted as required by the 4
receiving entity may be submitted in electronic form as 5
provided by the Uniform Electronic Transactions Act, W.S.
6
40-21-101 through 40-21-119;
7 8
(iv) Hardcopy documents shall conform to the 9
sizes provided by board rule.
10 11
(b) The requirement in paragraph (a)(i) of this 12
section that all maps, plans, plats and designs be made by 13
or under the responsible charge of a professional engineer 14
or professional land surveyor shall not apply to 15
applications which meet the provisions of this subsection 16
and comply with subsections (c) and (d) of this section and 17
which are filed in the state engineer's office:
18 19
(i) To construct small reservoirs for stock 20
purposes only or fishing preserve waters where the capacity 21
of the reservoir does not exceed twenty (20) acre feet or 22
twenty (20) feet in fill height;
23 24
37 SF0018