Wyoming Statutes
Wyo. Stat. § 40-23-103 (2026)
Powers and duties of commissioner.
✓ current as of May 2026
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(a) In addition to any other powers and duties imposed
upon the commissioner by law, the commissioner shall:
(i) Perform any and all acts necessary to promulgate,
administer and enforce the provisions of this act and any rules,
regulations, orders, limitations, standards, requirements or
licenses issued under this act, and to exercise all incidental
powers as necessary to carry out the purposes of this act;
(ii) Order any mortgage broker, mortgage lender or
mortgage loan originator to cease any activity or practice which
the commissioner deems to be deceptive, dishonest, a violation
of state or federal laws or regulations or unduly harmful to the
interests of the public;
(iii) Conduct investigations, issue subpoenas, and
hold hearings as necessary to determine whether a person has
violated any provision of this act;
(iv) Conduct examinations of the books and records of
licensees and conduct investigations as necessary and proper for
the enforcement of the provisions of this act and the rules
promulgated under the authority of this act;
(v) Issue orders that are necessary to execute,
enforce and effectuate the purposes of this act;
(vi) Require that all application, renewal,
licensing, examination and all other fees included under this
act, except the amount paid for data processing by a nationwide
mortgage licensing system and database, shall be deposited by
the commissioner with the state treasurer into the financial
institutions administration account within the earmarked revenue
fund;
(vii) Require the mortgage broker to reimburse the
borrower for undisclosed or incorrectly disclosed fees pursuant
to W.S. 40-23-114(d) and require the mortgage lender to
reimburse the borrower for undisclosed or incorrectly disclosed
fees pursuant to W.S. 40-23-113(e);
(viii) Require a background investigation including
fingerprint checks for state and national criminal history
record checks as necessary. The commissioner may utilize
background checks completed by the division of criminal
investigation, other government agencies in this state or in
other states, the federal bureau of investigation or a
nationwide mortgage licensing system;
(ix) Determine the content of application forms and
the means by which an applicant applies for, renews or makes
changes to a license under this act. The commissioner may
require applicants to utilize a nationwide mortgage licensing
system and database for the processing of applications and fees;
(x) Establish fees authorized in this act in
accordance with W.S. 13-1-603(d) through (f).Notes of Decisions
Cited in 1
case, 2014–2014 · leading case: Calcon Mut. Mortg. Corp. v. State ex rel. Wyoming Departmenrt of Audit, Div. Banking, 2014 WY 56, 323 P.3d 1098.
Calcon Mut. Mortg. Corp. v. State ex rel. Wyoming Departmenrt of Audit, Div. Banking, 2014 WY 56, 323 P.3d 1098. “Relying on Wyo. Stat. Ann. § 40-23-103 (a)(vii), which provides that the State Banking Commissioner shall "[rle-quire the mortgage broker to reimburse the borrower for undisclosed or incorrectly disclosed fees," the Division requested that Cal-Con refund the application fees and…”
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