§ 40-14-608 — Administrative enforcement orders

Wyoming § 40-14-608

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 14: WYOMING UNIFORM CONSUMER CREDIT CODE
• Art. 6: ADMINISTRATION

Text

(a) After notice and hearing the administrator may order a
creditor or a person acting in his behalf to cease and desist
from engaging in violations of this act. A respondent aggrieved
by an order of the administrator may obtain judicial review of
the order and the administrator may obtain an order of the court
for enforcement of its order in the district court. The
proceeding for review or enforcement is initiated by filing a
petition in the court. Copies of the petition shall be served
upon all parties of record.
(b) Within thirty (30) days after service of the petition
for review upon the administrator, or within any further time
the court may allow, the administrator shall transmit to the
court the original or a certified copy of the entire record upon
which the order is based, including any transcript of testimony,
which need not be printed. By stipulation of all parties to the
review proceeding, the record may be shortened. After hearing,
the court may:
(i) Reverse or modify the order if the findings of
fact of the administrator are clearly erroneous in view of the
reliable, probative, and substantial evidence on the whole
record;
(ii) Grant any temporary relief or restraining order
it deems just; and
(iii) Enter an order enforcing, modifying, and
enforcing as modified, or setting aside in whole or in part the
order of the administrator, or remanding the case to the
administrator for further proceedings.
(c) An objection not urged at the hearing shall not be
considered by the court unless the failure to urge the objection
is excused for good cause shown. A party may move the court to
remand the case to the administrator in the interest of justice
for the purpose of adducing additional specified and material
evidence and seeking findings thereon upon good cause shown for
the failure to adduce this evidence before the administrator.
(d) The jurisdiction of the court shall be exclusive and
its final judgment or decree shall be subject to review by the
supreme court as provided by the Wyoming Rules of Civil
Procedure and the Rules of the Supreme Court [by the Wyoming
Rules of Appellate Procedure]. The administrator's copy of the
testimony shall be available at reasonable times to all parties
for examination without cost.
(e) A proceeding for review under this section must be
initiated within thirty (30) days after a copy of the order of
the administrator is received by the creditor or person acting
on his behalf. If no proceeding is so initiated, the
administrator may obtain a decree of the district court for
enforcement of its order upon a showing that the order was
issued in compliance with this section, that no proceeding for
review was initiated within thirty (30) days after copy of the
order was received, and that the respondent is subject to the
jurisdiction of the court.
(f) With respect to unconscionable agreements or
fraudulent or unconscionable conduct by the respondent, the
administrator may not issue an order pursuant to this section
but may bring a civil action for an injunction (W.S. 40-14-611).