Wyo. Code R. 012-0001-10
Architects and Landscape Architects, Board of
Chapter 10: Complaint and Hearing Procedures
Effective Date: 08/23/2007 to 12/19/2011
Rule Type: Superceded Rules & Regulations
Reference Number: 012.0001.10.08232007
Section 1. Authority. These rules are promulgated by authority of W.S. 16-3-102, W.S. 33-4-104 and 33-4-108.
Section 2. Purpose. The Board establishes these rules to provide a fair and efficient method for investigating complaints and conducting administrative hearings relative to refusal of license, refusal of renewal, suspension or revocation of licenses, and these procedures may be utilized when a formal hearing is necessary for other purposes as well.
(a) All complaints against a licensee shall be filed with the Board in writing on forms provided by the Board and shall contain:
and
(b) The Board may also initiate and investigate complaints based upon its own knowledge, without a written complaint being filed.
(a) The Board shall consider the complaint to determine if further investigation of the matter is warranted. If further investigation is deemed necessary, the Board shall assign an investigator, which may be a Board member, or hire an independent investigator to assist a representative of the Attorney General's office as the investigative committee.
(b) Upon completion of the investigation, the committee may:
(iv) Recommend to the Board a settlement of the matter.
(c) The Board may resolve a complaint at any time by:
(i) Sending a written letter of advice;
(ii) Accepting a voluntary surrender of a license;
(iii) Accepting conditional terms for settlement;
(iv) Dispensing with it in an informal matter; or
(v) Dismissal.
Section 5. Docket. A contested case shall be assigned a number when a complaint is filed with the Board. A separate file shall be established for each docketed case, in which shall be placed all papers, pleadings, documents, transcripts, evidence and exhibits.
Section 6. Notice and Opportunity to Show Compliance. Prior to commencing formal proceedings or taking disciplinary action, the Board shall give notice by mail to the licensee of the facts or conduct which warrant the intended action. The notice shall give the licensee an opportunity to show compliance with all lawful requirements for retention of the license within ten (10) days of receipt of the notice.
Section 7. Administrative Hearing Guidelines. All administrative hearings will be held in accordance with the Wyoming Administrative Procedures Act, W.S. 16-3-101 through 16-3-115.
(a) If the Board as petitioner seeks a hearing, the respondent shall be accorded the rights of a licensee as set forth below.
(b) When any party requests and is granted a hearing, he/she shall also be accorded the rights of a licensee as set forth below. However, when the petitioner is outside the Board, in requesting the hearing, he/she shall provide the Board with the written information required in Section 8(b) through (d) below.
(c) These hearing procedures shall not alter the practice of holding informal hearings whenever possible.
Section 8. Commencement of Action. Upon an appropriate showing of violation of W.S. 33-4-101 through 33-4-117 or the Rules and Regulations, the Board may commence proceedings to refuse to renew, suspend or revoke the license of the alleged offender or take other disciplinary action. In a Petition the Board shall notify the licensee of:
(a) The time, place and nature of the hearing;
(b) The legal authority and jurisdiction under which the hearing is to be held; (c) The particular sections of the statutes and rules involved; and (d) A short and plain statement of the violations alleged.
No answer is required and, at the hearing, the licensee may appear and show why his/her license should be renewed or should not be refused, suspended, revoked or other disciplinary action taken.
Section 9. Time and Place of Hearing. The hearing may be held no less than twenty (20) days after service of the Petition upon the licensee, in order that he/she may have adequate time for preparation. Upon motion and for good cause, the hearing may be continued by the Board until a later date. Hearings shall be conducted in a location determined by the Board.
Section 10. Service. The Petition shall be served at least twenty (20) days prior to the date set for hearing personally or by certified mail, return receipt requested, addressed to the place of business of the licensee, or to the most recent residence address filed with the Board.
Section 11. Default. In the event of the failure to appear at the hearing, a default shall be entered and the allegations as set forth in the Notice and Complaint shall be taken as true and an Order of the Board entered accordingly.
Section 12. Hearing Officer. The Board may designate a hearing officer to conduct the hearing and advise the Board but who shall take no part in prosecution of the case.
(a) The licensee may move to disqualify a hearing officer by filing written motion and supporting affidavits of personal bias with the Board. After careful consideration of the evidence presented, the President of the Board shall rule upon the motion.
(b) The hearing officer may withdraw whenever he/she deems himself/herself disqualified because of personal bias or other substantial reason.
Section 13. Authority of Hearing Officer. The hearing officer or the President of the Board, if there is no hearing officer, has the authority to:
(a) Administer oaths and affirmations; (b) Issue subpoenas; (c) Rule upon offers of proof and receive relevant evidence; (d) Take or cause depositions to be taken in accordance with the provisions of the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115;
(e) Regulate the course of the hearing; (f) Hold conferences for the settlement or simplification of the issues; (g) Dispose of procedural requests and similar matters; (h) Make recommended decisions when directed to do so by the Board; and (i) Take any action authorized by Board regulations, the Wyoming Administrative Procedure Act, or W.S. 33-4-101 et seq.
Section 14. Counsel. All parties may appear at the hearing with or without counsel. The filing of an answer or other appearance by an attorney constitutes an appearance for the party for whom the pleading is filed. The Board and all parties shall be notified in writing of any withdrawal. Any person appearing before the Board at a hearing in a representative capacity shall be precluded from examining or cross-examining any witness unless the person is an attorney licensed to practice law in this State, or associated with an attorney licensed to practice law in this State. This rule shall not be construed to prohibit any licensee from representing themselves before the Board, but any licensee appearing on their own behalf shall not be relieved of abiding by all procedural rules established for the hearing.
Section 15. Attorney General to be Present. In all hearings held upon formal action brought before the Board, a representative of the Office of the Attorney General of Wyoming shall appear on behalf of the petitioner, and shall present all evidence, testimony and legal authority in support of the Notice and Complaint to be considered by the Board.
Section 16. Subpoenas. The Board, on behalf of any party, may issue subpoenas for appearance of witnesses and to produce testimony, books, papers, documents or exhibits related to the contested case.
Section 17. Inspection of File. Each party or his/her authorized representative, shall be permitted to inspect and copy, at his/her own expense at the offices of the Board, all documents filed in the administrative proceedings, and all documents regarding the subject of the hearing contained in the Board's files which are permitted by law to be inspected and copied.
Section 18. Record of Proceedings. The hearing shall be reported verbatim, stenographically or by any other appropriate means determined by the Board or hearing officer. If one or more parties desires the hearing transcribed by a certified court reporter, he/she must make the necessary arrangements and bear the cost.
Section 19. Rules of Civil Procedure to Apply. The Wyoming Rules of Civil Procedure shall apply to these procedures insofar as they are applicable and not inconsistent with the matters before the Board and applicable to the rules and orders promulgated by the Board.
Section 20. Order of Procedure at Hearing. Hearings may be conducted substantially as follows:
(a) The hearing officer or President will announce that the hearing is called to order and announce the matter to be heard, briefly summarizing the case and issues;
(b) The hearing officer or President shall administer the oath to all witnesses who will present testimony;
(c) The hearing officer or President will take up any preliminary motions or matters to be discussed;
(d) The Petitioner’s attorney may present a brief opening statement of the charges, explain the theory of the case and what the evidence will show;
(e) The licensee or his/her attorney may present his/her opening statement in the same manner;
(f) The Petitioner’s attorney will then present the evidence of the Board, subject to cross examination by the licensee or his/her counsel and the hearing officer and Board;
(g) The licensee or his/her counsel will present his/her evidence, subject to cross examination by the Board’s attorney, the hearing officer and Board;
(h) Closing statements may be made at the conclusion of the evidence by both parties. These statements may include summaries of the evidence and legal arguments. The Petitioner’s attorney will precede the licensee and may also briefly rebut the licensee’s closing statement;
(i) After all proceedings have been concluded, the hearing officer or President shall dismiss and excuse all witnesses not already excused and declare the hearing closed.
(a) The Board shall, with the assistance of the hearing officer, following the full and complete hearing, make and enter a written decision and order containing findings of fact and conclusions of law. The decision and order shall be filed with the Board and shall, without further action, become the decision and order as a result of the hearing.
(b) No member, staff or agent of the Board who participated or advised in the investigation or presentation of evidence at the hearing shall participate or advise in the decision.
(c) Upon entry and filing, the Board shall mail copies of the decision to each licensee and attorney of record.
Any licensee or petitioner aggrieved or adversely affected by a final decision of the Board after a hearing is entitled to judicial review in the appropriate district court pursuant to W.S. 16-3-114 and 33-4-108 and rule 12 of the Wyoming Rules of Appellate Procedure.