Wyoming Statutes

Wyo. Stat. § 16-3-113 (2026)

License hearings.

✓ current as of May 2026

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(a) When the grant, denial, suspension or renewal of a
license is required by law to be preceded by notice and an
opportunity for hearing the provisions of this act concerning
contested cases apply.

     (b) When a licensee has made timely and sufficient
application for the renewal of a license or a new license with
reference to any activity of a continuing nature, the existing
license does not expire until the application has been finally
determined by the agency, and, in case the application is denied
or the terms of the new license limited, until the last day for
seeking review of the agency order or a later date fixed by
order of the reviewing court.
     (c) No revocation, suspension, annulment or withdrawal of
any license is lawful unless, prior to the institution of agency
proceedings, the agency gave notice by mail to the licensee of
facts or conduct which warrant the intended action, and the
licensee was given an opportunity to show compliance with all
lawful requirements for the retention of the license. If the
agency finds that public health, safety or welfare imperatively
requires emergency action, and incorporates a finding to that
effect in its order, summary suspension of a license may be
ordered pending proceedings for revocation or other action. A
cancellation of a driver's license pursuant to W.S. 31-7-121(c)
shall not be valid until the department of transportation gives
notice by mail to the licensee of the facts which warrant the
intended action and provides the licensee with an opportunity to
provide additional evidence or information with respect to the
condition at issue within fifteen (15) days of the mailing of
the notice. These proceedings shall be promptly instituted and
determined.

Notes of Decisions

Cited in 12 cases, 1984–2014 · leading case: Devous v. Wyoming State Bd. of Med. Examiners, 845 P.2d 408 (Wyo. 1993).

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Devous v. Wyoming State Bd. of Med. Examiners, 845 P.2d 408 (Wyo. 1993). · cites it 4× “Devous contends Wyo. Stat. § 16-3-113(c) (1990) is controlling.”

Wyoming Bd. of Outfitters & Prof'l Guides v. Clark, 2001 WY 78 (Wyo. 2001). · cites it 3× “§ 16-3-113 4 (LexisNexis 2001), onee Clark established the qualifications for licensure, the burden of proof should have shifted to the Board to go forward with its evidence justifying the denial of Clark's license, though Clark had the burden of persuading the Board that its…”

Slagle v. Wyoming State Bd. of Nursing, 954 P.2d 979 (Wyo. 1998). · cites it 6× “Wyo. Stat. § 16-3-113(c) (1997). In any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice served personally or by mail.”

Gerstell v. State Ex Rel. Dep't of Revenue & Taxation, 769 P.2d 389 (Wyo. 1989). · cites it 8× “)), particularly § 16-3-113(c). We hold that the proceedings which resulted in the suspension of Gerstell’s driver’s license were not invalid or void for lack of jurisdiction or for failure to comply with the provisions of § 16-3-113(c).”

Jamie T. Dubbelde v. State of Wyoming, Ex Rel., Dep't of Transp., 2014 WY 63 (Wyo. 2014). · cites it 7× “He further asserted Wyo. Stat. Ann. § 16-3-113 (LexisNexis 2018) requires license suspension proceedings to be "promptly instituted" and proceedings instituted nearly a year and a half after his DUI conviction violated the statute.”

Veile v. Bryant, 2004 WY 107 (Wyo. 2004). · cites it 2× “[11] I note, for instance, Wyo. Stat. Ann. § 16-3-113 of the WAPA states that the contested case procedures of the WAPA apply to all licensing procedures that, by law, are subject to a hearing.”

Lander Valley Reg'l Med. Ctr. v. Wyoming Certificate of Need Review Bd., 689 P.2d 108 (Wyo. 1984). · cites it 2× “” Section 16-3-113(a), W.S.1977. Section 16-3-101(b)(vi) defines a party for purposes of a contested-case proceeding: “(vi) ‘Party’ means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.”

Roush v. Pari-Mutuel Comm'n, 917 P.2d 1133 (Wyo. 1996). · cites it 2× “Roush specifically relies upon the provisions of Wyo. Stat. § 16-3-113 (1990): (a) When the grant, denial, suspension or renewal of a license is required by law to be preceded by notice and an opportunity for hearing the provisions of this act concerning contested cases apply.”

The Off. of Consum. Advocate v. The Pub. Serv. Comm'n of Wyoming, 2013 WY 48 (Wyo. 2013). · cites it 2× “Wyo. Stat. Ann. § 16-3-113 (LexisNexis 2011) addresses license hearings but subsection (a) makes clear that the contested case provisions apply in that context.”

Ballard v. Wyoming Pari-Mutuel Comm'n, 750 P.2d 286 (Wyo. 1988). · cites it 2× ““And it appearing to the Court after due deliberation that the action of the Stewards in ruling plaintiff off the Wyoming Downs race track and suspending him from further acting as a trainer thereat, without first affording him a hearing before the Commission, is in violation of…”

Naibauer v. Bd. of Platte Cnty. Commissioners, 895 P.2d 445 (Wyo. 1995). · cites it 2× “Naibauer contends he was not given notice of the hearing in a form which conforms to Wyo.Stat. § 16-3-113(a). We hold that the notice was adequate, especially in view of his failure to object or to seek a continuance.”

— Wyo. Stat. § 16-3-113(a) — 2 cases

Lander Valley Reg'l Med. Ctr. v. Wyoming Certificate of Need Review Bd., 689 P.2d 108 (Wyo. 1984). “” Section 16-3-113(a), W.S.1977. Section 16-3-101(b)(vi) defines a party for purposes of a contested-case proceeding: “(vi) ‘Party’ means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.”

Naibauer v. Bd. of Platte Cnty. Commissioners, 895 P.2d 445 (Wyo. 1995). “Naibauer contends he was not given notice of the hearing in a form which conforms to Wyo.Stat. § 16-3-113(a). We hold that the notice was adequate, especially in view of his failure to object or to seek a continuance.”

— Wyo. Stat. § 16-3-113(c) — 5 cases

Devous v. Wyoming State Bd. of Med. Examiners, 845 P.2d 408 (Wyo. 1993). “Devous contends Wyo. Stat. § 16-3-113(c) (1990) is controlling.”

Slagle v. Wyoming State Bd. of Nursing, 954 P.2d 979 (Wyo. 1998). “Wyo. Stat. § 16-3-113(c) (1997). In any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice served personally or by mail.”

Gerstell v. State Ex Rel. Dep't of Revenue & Taxation, 769 P.2d 389 (Wyo. 1989). “)), particularly § 16-3-113(c). We hold that the proceedings which resulted in the suspension of Gerstell’s driver’s license were not invalid or void for lack of jurisdiction or for failure to comply with the provisions of § 16-3-113(c).”

Jamie T. Dubbelde v. State of Wyoming, Ex Rel., Dep't of Transp., 2014 WY 63 (Wyo. 2014). “He further asserted Wyo. Stat. Ann. § 16-3-113 (LexisNexis 2018) requires license suspension proceedings to be "promptly instituted" and proceedings instituted nearly a year and a half after his DUI conviction violated the statute.”

Ballard v. Wyoming Pari-Mutuel Comm'n, 750 P.2d 286 (Wyo. 1988). ““And it appearing to the Court after due deliberation that the action of the Stewards in ruling plaintiff off the Wyoming Downs race track and suspending him from further acting as a trainer thereat, without first affording him a hearing before the Commission, is in violation of…”

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