§ 16-6-102 — Resident contractors; preference limitation with reference to lowest bid or qualified response; decertification; denial of application for residency

(a) If a contract is let by a public entity for a public
work, the contract shall be let, if advertisement for bids or
request for proposal is not required, to a resident of the
state, provided that if the services required are not offered by
any known resident of the state, the public entity may let the
contract to a nonresident. If advertisement for bids is
required, the contract shall be let to the responsible certified
resident making the lowest bid if the certified resident's bid
is not more than five percent (5%) higher than that of the
lowest responsible nonresident bidder.
(b) If any person who is certified as a resident
contractor for any reason loses that certification, that person
may not be recertified as a resident for a period of one (1)
year from the date of decertification.
(c) If any person who applies for certification as a
resident contractor is denied certification because of not
meeting the residency requirements, that person may not reapply
for certification for a period of one hundred eighty (180) days
from the date certification is denied. No person shall be
denied certification because of inadvertent omission of
information, as determined by the department of workforce
services, on an application for resident certification.
(d) Repealed By Laws 1999, Ch. 152, § 2; 2007, Ch. 163, §
2.
(e) The department shall make investigations as necessary
to determine whether any person is eligible to receive or
continue to hold a certificate of residency. The department may
require or permit any person to file a statement in writing at
any time, under oath or otherwise as to all the facts and
circumstances concerning the matter to be investigated. For the
purpose of any investigation under this section, the director of
the department or any person designated by him may administer
oaths and affirmations, subpoena witnesses, and compel their
attendance, take evidence and require the production of any
books, papers, correspondence, memoranda, agreements or other
documents or records, which the director or designated person
deems relevant or material to the inquiry. In case of refusal
to obey a subpoena issued to any person, any Wyoming district
court, upon application by the director, may issue to the person
an order requiring him to appear before the director or the
officer designated by him, to produce documentary evidence if so
ordered, or to give evidence touching the matter under
investigation or in question. Failure to obey the order of the
court may be punished by the court as contempt of court. The
burden of proof regarding the status of the residency is on the
person whose residency is in question.
(f) If, after investigation, the department believes that
a certificate of residency should be denied or revoked, it shall
provide notice to the applicant or certificate holder of its
intent to deny or revoke the certificate and of the applicant or
certificate holder's opportunity for a hearing if requested.
Any hearing conducted under this subsection shall be conducted
in accordance with the Wyoming Administrative Procedure Act.
(g) Whenever an emergency arises requiring a contract for
a public work, a public entity may waive any applicable
requirement of this section if the requirement endangers the
health, welfare or safety of the public.