§ 11-11-121 — Procedures for enforcement actions; service of notice; content of orders; contested case proceedings; appeal

Wyoming § 11-11-121

• Jurisdiction: Wyoming
• Title 11: Agriculture, Livestock and Other Animals
• Ch. 11: BUYING, SELLING AND STORING OF GRAIN

Text

(a) All notices and orders required to be served by the
department under this article shall be served by certified mail
return receipt requested to the last known address of the
warehouseman or may be served as provided by the Wyoming Rules
of Civil Procedure. Notice of a proposed order issued by the
department under this article shall include:
(i) A statement of the grounds for issuing the
proposed order, including a citation to the statute or rule
involved;
(ii) A statement of the facts in support of the
allegations;
(iii) A statement informing the warehouseman subject
to the proposed order of the right to a hearing on the order
before the director, right of appeal of any subsequent order in
accordance with the Wyoming Administrative Procedure Act and
that failure to timely request a hearing will result in the
order becoming final; and
(iv) A copy of the proposed order.
(b) A request for hearing on a proposed order issued by
the department under this article shall be in writing and shall
be submitted to the director no later than seven (7) days after
receipt of the notice of intent from the department. The
director shall hold the hearing no later than fifteen (15) days
after receipt of the request for hearing, unless the
warehouseman subject to the proposed order requests an extension
of time for good cause shown.
(c) A hearing on a proposed order issued under this
article shall be a contested case hearing conducted in
accordance with the Wyoming Administrative Procedure Act. After
the hearing, the director shall issue findings of fact and
conclusions of law and a final decision either confirming or
dismissing a proposed order. The director shall confirm a
proposed order only if the director finds by a preponderance of
the evidence that grounds exist under this article for issuing
the order. Otherwise, the director shall dismiss the proposed
order. If the director confirms a proposed order it shall
become a final order.
(d) The department shall serve a final order under this
article upon the warehouseman who is the subject of the order.
The final order shall take effect upon service and shall remain
in effect until the department or the court terminates the final
order. The warehouseman who is the subject of the order may
appeal the issuance of a final order in accordance with the
Wyoming Administrative Procedure Act.
(e) On or after the effective date of a final order under
this article, the attorney general, upon request from the
department, may apply to the district court of the county in
which the warehouse is located for enforcement of the final
order. The application for enforcement shall be given
precedence over other cases pending in court and shall in every
way be expedited.