Title 33, Title 33 — Professions And Occupations

Responsible broker's trust accounts; disposition of interest; commingling with personal funds prohibited; disputed deposits; cooperative transactions. (a) Every responsible broker licensed by the commission in this state shall comply with the following provisions for each license…

Retention of records. Every responsible broker licensed by the commission in this state shall keep and maintain a full set of records of every real estate transaction in which he participates on behalf of or to assist any party to the transaction. The records shall be maintained …

Act, error or omission in the rendering of real estate services. A cause of action arising from an act, error or omission in the rendering of services provided by a licensee under this act shall be brought within the time limits provided under W.S. 1-3-107. Nothing in this sectio…

Broker's price opinions. (a) A licensee may prepare a broker's price opinion: (i) To a potential seller or third party, recommending a listing price of real estate; (ii) To a potential buyer or third party, recommending a purchase price of real estate; or (iii) To any third party…

Real estate recovery account created; funding of account; no liability of state. (a) There is created a real estate recovery account which shall be under the direction of the commission under W.S. 33-28-201 through 33-28-206. (b) Every person obtaining or renewing a license shall…

Real estate recovery account created; payments; pro rata distribution when account insufficient; service of process; joinder of account. (a) If any person obtains a final judgment in any court of competent jurisdiction against any licensee on the grounds of fraud, willful misrepr…

Limitation on action for payment from account; notice of action; order of payment; showing required. (a) No order for payment from the real estate recovery account shall be issued unless the suit in which the order subsequently results was commenced within one (1) year after the …

Suspension of licenses following payment from account; reinstatement. If the commission is required to make any payment from the real estate recovery account in settlement of a claim or toward the satisfaction of a judgment, the commission shall immediately suspend the judgment d…

Subrogation of commission to rights of judgment creditor. If, upon order of any court, the commission has caused payment to be made from the real estate recovery account to a judgment creditor, the commission is subrogated to the rights of the judgment creditor with respect to th…

Fund balances; use of education fund and interest from recovery fund. (a) When the real estate recovery fund and education fund balances exceed fifty thousand dollars ($50,000.00) each, the commission shall not collect annual fees under W.S. 33-28-201(b). (b) The commission may u…

Relationships between licensees and the public. (a) A responsible broker shall not be required to offer or engage in more than one (1) of the broker relationships. When engaged in any real estate activity, a licensee, with permission of the licensee's responsible broker, may act …

Seller's agent engaged by seller. (a) A licensee engaged by a seller to act as a seller's agent has the following duties and obligations: (i) To perform the terms of the written agreement made with the seller; (ii) To exercise reasonable skill and care for the seller; (iii) To pr…

Agent engaged by buyer. (a) A licensee engaged by a buyer to act as a buyer's agent shall have the following duties and obligations: (i) To perform the terms of the written agreement made with the buyer; (ii) To exercise reasonable skill and care for the buyer; (iii) To promote t…

Intermediary. (a) A licensee engaged as an intermediary shall not act as an advocate or agent for either party and shall be limited to providing those services described in subsection (b)(ii) of this section. (b) A licensee engaged as an intermediary shall owe to each party with …

Relationship disclosures. (a) For purposes of this section, open house showings, preliminary conversations and requests for factual information do not constitute discussions or arrangements incidental to a sale, purchase, exchange or lease of real estate. Prior to engaging in any…

Change from agent to intermediary. (a) For in-house transactions, a licensee acting as an agent to a buyer or seller with respect to a particular real estate transaction may instead act as an intermediary to the parties when: (i) Repealed By Laws 2009, Ch. 20, § 3. (ii) Both part…

Compensation. (a) In any real estate transaction, the responsible broker's compensation may be paid by the seller, the buyer, a third party, or by the sharing or splitting of compensation between responsible brokers. (b) Payment of compensation shall not be construed to establish…

Disclosure type. Any disclosure under W.S. 33-28-306 shall be in a font size of 12 point or greater.

Licensees working with buyers and sellers as customers; duties; exceptions. (a) A licensee working with a buyer or seller who is a customer shall owe the following duties and obligations to the buyer or seller: (i) To exercise reasonable skill and care including: (A) Presenting a…

Licensees working with landlords and tenants. (a) For the purposes of this article, a licensee shall be deemed to be working with: (i) The landlord as an agent or intermediary pursuant to a written agreement; and (ii) The tenant who is a customer unless otherwise provided for in …

Errors and omissions insurance; rulemaking authority; commission duties; certificate of coverage; administrative fee. (a) Beginning January 1, 2008, an applicant for a real estate license pursuant to W.S. 33-28-106, a licensee renewing a license or an inactive licensee activating…

Definitions. (a) As used in this act: (i) "Board" means the Wyoming board of professional engineers and professional land surveyors; (ii) "Business entity" means a corporation, limited liability company, partnership, limited partnership, limited liability partnership or any other…

Creation of board. (a) The Wyoming board of professional engineers and professional land surveyors is created to regulate the practice of professional engineering and professional land surveying in order to safeguard life, health and property and to promote the public welfare. Th…

Qualifications of board members. (a) Appointed members of the board shall have been residents of Wyoming for at least five (5) years immediately prior to appointment, shall be residents during their appointment and shall be citizens of the United States. (b) Professional engineer…

Compensation of board members. Members of the board shall receive compensation for each day or part of a day in which they engage in the performance of their board duties at the same rate provided members of the state legislature under W.S. 28-5-101 and shall receive per diem and…

Organization of board. (a) The board shall meet as often as needed, but not less than four (4) times a year. (b) The board shall elect the following officers biennially to serve not more than two (2) consecutive terms: a chairperson, a vice chairperson and a secretary-treasurer. …

Powers of board. (a) The board shall have the powers necessary to enforce this act, including the power to: (i) Promulgate rules and regulations necessary to enforce this act; (ii) Promulgate rules and regulations necessary to regulate the practice of professional engineering and…

Professional engineers and professional land surveyors account. All fees and other revenues received by the board shall be deposited by the state treasurer to the credit of the Wyoming board of professional engineers and professional land surveyors account. All monies in the acco…

Immunity from personal liability. Any person reporting information to the board under oath and members, agents, investigators and employees of the board are immune from personal liability with respect to acts done and actions taken in good faith without fraud or malice.

Confidentiality of records. (a) The following records and papers of the board are confidential and are not public records: (i) Letters of inquiry and reference concerning applicants; (ii) Completed applications and verification and inquiry forms; (iii) Transcripts of educational …

Professional license required. Except as provided in this act, no individual shall engage in the practice of professional engineering or professional land surveying unless the individual holds the appropriate license issued by the board.

Requirements for intern certificate. (a) An applicant for a certificate as an engineer intern shall submit evidence satisfactory to the board showing that the applicant: (i) Is possessed of a background that does not evidence conduct adverse to the practice of engineering or to t…

Requirements for professional license. (a) An applicant for a license as a professional engineer who has not graduated from a doctoral curriculum in engineering approved by the board shall submit evidence satisfactory to the board showing that the applicant: (i) Is possessed of a…

Application for license. (a) An applicant for a license or certificate under this act shall submit an application on a form and in the manner prescribed by the board. (b) In addition to information required by the board, the application shall contain a statement under oath of the…

Fees. The board shall establish fees in accordance with W.S. 33-1-201 as necessary to provide for the administration of this act, including license and certificate application fees and fees for services provided by the board. Application fees shall accompany the application. Appl…

License on the basis of comity. (a) An applicant who holds a license issued by another jurisdiction to practice professional engineering or professional land surveying may be issued a professional license provided: (i) The applicant has submitted evidence satisfactory to the boar…

Renewal of licenses. (a) The board shall provide for the biennial renewal of a license. The board may adopt a system under which licenses are renewed on a staggered basis. (b) An individual whose license has expired shall not engage in activities that require a license until the …

Continuity of current licenses. Any individual holding a certificate of registration in this state that is valid and active on July 1, 2013, shall be deemed to be licensed under this act.

Professional seal. (a) The board shall adopt a seal for the use of professional engineers and professional land surveyors. (b) Whenever the professional seal is applied, the licensee's signature and the date shall also be included. (c) The professional seal, signature and date sh…

Practice through business entities; registration. (a) Professional engineers and professional land surveyors may practice professional engineering or professional land surveying through a business entity provided: (i) The business entity has registered with the board; (ii) The bu…

Public works. (a) Drawings, plans, specifications and estimates for public works of the state or a political subdivision of the state involving professional engineering shall be prepared by or under the personal direction of a professional engineer. The construction of the engine…

Exemptions and limitations. (a) The provisions of this act shall not apply to: (i) An officer or employee of the United States practicing within the scope of his authority and employment; (ii) An officer or employee of the state of Wyoming performing regulatory reviews within the…

Disciplinary powers of the board. (a) On a determination that a ground for disciplinary action exists under W.S. 33-29-702, the board may: (i) Deny an application for a license, intern certificate or business entity registration; (ii) Revoke, suspend or refuse to renew a license,…

Grounds for disciplinary action. (a) An individual or business entity is subject to disciplinary action for: (i) A violation of this act, board rule, order or code of ethics; (ii) Fraud or misrepresentation relating to the practice of engineering or land surveying, including in t…

Disciplinary proceedings. (a) Any final disciplinary action shall be preceded by notice and an opportunity for a hearing. Hearings shall be conducted as a contested case. (b) The board may conduct investigations and issue subpoenas for the attendance of witnesses and the producti…

Judicial review. Except as provided by W.S. 33-29-706, any final action or order of the board is subject to judicial review as provided in W.S. 16-3-114.