Wyo. Code R. 015-0009-11
Peace Officers Standards & Training Commission
Chapter 11: Prac & Proc for Denial, Suspension or Revocation of Certification
Effective Date: 05/09/1994 to 05/20/2002
Rule Type: Superceded Rules & Regulations
Reference Number: 015.0009.11.05091994
(a) Any person who is denied certification authorized by the Peace Officers Standards and Training Commission Act, may contest the action of the commission pursuant to the Wyoming Administrative Procedure Act and these rules.
(b) Hearings on the denial of a certificate shall be had only upon request, in writing, of the aggrieved party, filed with the commission within thirty (30) days of the receipt of the notice of denial of certification.
(a) Any complaint made against a peace officer or detention officer holding a certification granted by the commission alleging a violation of the Act or the rules and regulations of the commission, shall be in writing and provide at least the following information:
(i) Name and place of employment of the person believed to have violated the Peace Officers Standards and Training Commission Act, or the rules and regulations of the commission;
(ii) A description of the alleged violation;
(iii) The name and address of other witnesses, if any; and
(iv) The signature, address and telephone number of the person making the complaint.
(b) An informal complaint, in the form prescribed above, may also be made by the director based on his own knowledge, information and belief.
(a) Informal complaints made by or filed with the director, shall be submitted to an investigation committee.
(b) The investigation committee shall be made up of two (2) commission members, appointed on a rotating basis by the chairman, who shall review each informal complaint and where necessary, authorize the director to conduct further investigation.
(c) Investigation committee members shall not take part in the consideration of any contested case in which they participated in the investigation of the informal complaint. Investigation committee members shall not be barred by this rule from attending any hearing.
(d) Following review and investigation of an informal complaint, the investigation committee may take any appropriate action, including but not limited to the following:
(i) Forward the informal complaint to the commission for formal proceedings;
(ii) File a formal complaint with the commission on its own behalf;
(iii) Send a written letter of warning to the subject of the informal complaint, explaining the allegation of violation and requesting an explanation or statement of intent to cure the violation;
(iv) Accept the voluntary surrender of a certificate issued by the commission; or
(v) Close the investigation of the informal complaint as unsubstantiated or moot.
(a) Formal proceedings may be commenced only after the filing of an informal complaint as prescribed above, alleging a violation of the peace officers standards and training commission act or the rules and regulations of the commission.
(b) Formal proceedings for suspension or revocation of certification shall be commenced by a written order to show cause and notice of hearing issued by the commission, served in person or by certified mail.
(c) The order and notice shall contain at least:
(i) The name and address of the respondent;
(ii) A statement, in plain language, of the nature of the alleged violation or matters asserted;
(iii) The particular sections of the statutes or rules alleged to have been violated;
(iv) The time, place and nature of the hearing;
(v) That failure to appear at the hearing may result in default.
(d) Service on the respondent shall be deemed complete and effective if the document to be served is sent by certified mail to the respondent at the last known address provided to the commission by the respondent.
(a) When formal proceedings are initiated and notice has been given to the respondent, the case shall be assigned a docket number by the director.
(b) The director shall establish a separate file for each docketed case, in which shall be systematically placed all papers, pleadings, motions, documents, transcripts, evidence and exhibits pertaining thereto, and all such items shall have noted thereon the docket number assigned and the date of filing.
In the event the respondent or legal counsel on his behalf fails to answer, appear or otherwise defend a complaint against him of which the respondent had notice, the commission may enter an order based on the allegations providing that the commission is acting either on a verified complaint or has an informal hearing at which the complainant’s evidence is presented. The order entered by the commission shall contain findings of fact which will be made part of the record in this case.
(a) All motions made to the commission shall be made in writing not less than ten (10) days prior to the date set for the hearing, and mailed to the director and the office of the attorney general.
(b) The commission may, within its discretion and for good cause shown, allow the late filing of any motion.
(a) In all formal proceedings before the commission, discovery shall be allowed in accordance with the Wyoming Administrative Procedure Act.
(b) Requests for discovery from the commission shall be made in writing and directed to the director or the presiding officer designated to hear the case.
(a) Issuance and enforcement of subpoenas shall be governed by the Wyoming Administrative Procedure Act.
(b) Subpoenas may be issued by the director or the presiding officer designated to hear the case, upon receipt of the written application therefor by any party to the case.
(c) The party requesting the issuance of a subpoena shall bear the costs of such issuance to the extent and in the manner those fees are paid in the district courts of the state for civil matters.
(a) All persons testifying at any hearing before the commission shall be administered a standardized oath.
(b) No testimony will be received from a witness except under oath or affirmation.
(c) The party calling the witness shall bear the costs associated with the witness' appearance.
(a) Any party may represent him or herself, or may at his or her own expense be represented by an attorney licensed to practice law in the state.
(b) A representative from the office of the attorney general shall present to the commission the case of the petitioner.
(c) The commission may utilize a legal advisor to be present and advise the commission in conducting the hearing.
The commission may appoint a hearing officer to take testimony and act as presiding officer at a contested case hearing. The hearing officer shall have the powers as outlined in these rules and in the wyoming administrative procedure act.
In a contested case, the proceedings, including all testimony, shall be reported verbatim by a competent reporter or by other methods deemed sufficient by the commission. Such other methods may include the use of tape recorders.
The order of procedure at any hearing before the commission shall be as follows:
(a) The presiding officer shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard, the presiding officer shall direct the reading into the record of the notice given, and the complaint, together with appearance in the form of answers or other appearance made by the respondent, and shall note for the record all subpoenas issued and all appearance of record, including respondent and counsel;
(b) Opening statement may be made by each of the parties. The time allowed may be limited by the presiding officer;
(c) The representative of the petitioner, shall thereupon proceed to present the evidence in support of the complaint. Witnesses may be cross-examined by the respondent or the respondent's counsel. All exhibits offered by and on behalf of the petitioner shall be marked by letters of the alphabet beginning with 'A';
(d) The respondent shall be heard in the same manner as the evidence, witnesses, and exhibits were heard and presented in support of the complaint, and may be cross-examined by representative of the petitioner. The respondent's exhibits shall be marked separately so as to identify the respondent, commencing with the number '1';
(e) Rebuttal evidence may be allowed within the discretion of the presiding officer;
(f) Closing statements may be made by the representative of the petitioner and by the respondent or the respondent's counsel at the conclusion of the presentation of evidence. The time allowed for oral argument may be limited at the discretion of the presiding officer. Rebuttal statement by the petitioner may be made only in the discretion of the presiding officer.
(g) After all proceedings have been concluded, the presiding officer shall dismiss and excuse all witnesses, and declare the hearing closed. Any party who wishes to present written briefs of law to the commission may do so within the time set by the presiding officer, and the presiding officer may request written briefs of law for the commission. The presiding officer shall inform the respondent that the commission shall take the case under advisement and that a decision shall be announced within a reasonable time after proper consideration by the commission of all the matters presented at the hearing.
(a) Following the hearing, the presiding officer shall forward all evidence pertaining to the case, including all notices, pleadings, motions and testimony given at the hearing to the commission along with recommended findings of fact and conclusions of law. The commission shall make and enter a written decision and order based on the evidence submitted. The decision and order shall contain findings of facts and conclusions of law, stated separately.
(b) The decision and order shall be sent by certified mail to the respondent or if the respondent is represented by counsel, to the respondent's attorney of record.
(c) This rule does not preclude the commission from giving preliminary, non-binding notice to the parties prior to the filing of the commission's written decision and order.
In the event a certificate is revoked or suspended, the certificate shall be surrendered to the commission.
(a) Appeals from decisions of the commission are governed by the Wyoming Administrative Procedure Act, and the Wyoming Rules of Appellate Procedure.
(b) Costs of transcripts and any reasonable costs assessed by the commission regarding the record on appeal shall be borne by the party making the appeal.
(a) The Wyoming rules of civil procedure, insofar as they may be applicable and not inconsistent with the laws of the state and these rules and regulations, shall apply to cases before the commission.