Wyo. Code R. 015-0020-6
Coroner Standards, Board of
Chapter 6: Review of Certification Decisions
Effective Date: 08/27/1990 to 05/21/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 015.0020.6.08271990
Section 1. Purpose and Applicability. The rules in this chapter govern the hearing and adjudication of complaints regarding certification decisions made by the Board, and apply to the Board, coroners, deputy coroners, and other parties involved in the adjudication of complaints before the Board.
Section 2. Incorporation and Applicability of Statutes and Rules.
(a) The rule-making and contested case provisions of the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115, are applicable and are incorporated by reference herein.
(b) Board hearings shall be governed by the Wyoming Rules of Civil Procedure, Rules 6, 11, 16, 28 through 37 (except as the application of these is limited by the terms of W.S. 16-3107(g)), Rule 43, and Rules 45, 46, 55 and 56.
(c) In the case of conflict between these rules, the Wyoming Administrative Procedure Act, and the Act, the statutes will prevail.
(d) The Wyoming Rules of Evidence shall not apply to hearings before the Board.
Section 3. Exclusivity of Remedy. These rules provide the exclusive administrative remedy available to parties seeking review of a certification decision made by the Board. These rules are intended to and shall be construed to provide adjudication in a manner that is as speedy and inexpensive as is consistent with a full and fair hearing and appropriate deliberation.
Section 4. Counsel Not Required. Any person appearing before the Board is accorded the right to appear in person or by or with counsel, pursuant to W.S. 16-3-107(j) and (k). The Board has no authority to award attorneys' fees in the adjudication of any matter. Parties are entitled to present their own claims if they so choose, and counsel is not required in any proceeding before the Board. The procedure described in this chapter is designed to enable parties to appear on their own behalf.
Section 5. General Enforcement.
(a) Violations of these rules or the Act shall be investigated by the Board, which may:
(i) If a violation of these rules, or the act, appears to have occurred, issue an Order to Show Cause and Notice of Hearing.
(ii) In case of a minor or technical violation, request that the violation be resolved informally.
(iii) In case of a violation which threatens the public health, safety or welfare, issue a Summary Order and Notice of Hearing.
(iv) Take no action.
Section 6. Right to Hearing. Any person who is denied a certificate authorized by the act or by these rules may contest the action of the Board. Hearings on denial of a certificate shall be had only upon request of the aggrieved party. Any person against whom the Board initiates action for failure to comply with the act or these rules is also entitled to a hearing.
(a) Hearings concerning apparent or alleged violations of these rules or the Act shall be initiated by the Board filing a Notice to Show Cause or Order of Summary Suspension. Hearings concerning any challenge to Board action shall be initiated by the filing of a petition by the aggrieved party. No further pleadings are necessary. Petitions shall be filed with the Board by certified mail or hand delivery.
(b) In case of a hearing concerning the suspension or revocation of a certificate, the Board shall be styled the Petitioner and shall bear the burden of proof and burden of going forward. In case of a hearing challenging Board action, the challenging party shall be styled the Petitioner and shall bear the burden of proof and burden of going forward. The Board shall be styled the Respondent.
(c) All notices and orders issued by the Board under these rules or the act shall specifically state the grounds for the Board action and cite the specific rule or section of the act involved. Notices shall be served at least twenty (20) days prior to the noticed action, unless some greater time is otherwise required by law. Service shall be by certified mail.
(a) All hearings shall be held before the full Board or a subcommittee of the Board acting on its behalf.
(b) Hearings shall be open to the public, unless a party to the proceeding requests in writing that the hearing be closed. Said request shall be filed with the record in the matter.
(c) Hearings before the Board shall be recorded by tape recorder or similar mechanical device or reported stenographically. If the party adverse to the Board desires that the proceedings be stenographically reported, that party shall arrange for the presence of the reporter and pay the cost thereof.
(d) Evidence received during a hearing shall be in the form of sworn testimony, subject to cross-examination. Documentary evidence and written testimony may be received as provided in W.S. 16-3-108.
(e) The hearing shall proceed in the following order:
(i) Opening statements by petitioner and respondent;
(ii) Presentation of petitioner's case;
(iii) Presentation of respondent's case;
(iv) Rebuttal by both parties at the Board's discretion;
(v) Closing statements at the Board's discretion.
(f) Upon application by a party, the Board shall issue a subpoena requiring the appearance of witnesses for the purpose of taking evidence or requiring the production of any books, papers, or other documents relevant or material to the inquiry.
Section 9. Board Decision.
(a) After the close of the evidence the Board shall take the matter under advisement and render a written decision and order. The final decision shall include findings of fact and conclusions of law separately stated, in compliance with W.S. 163-110. The Board may postpone its decision until it has a reasonable opportunity to review the evidence and transcript of the entire hearing. At the request of either party, the record may be left open for supplemental evidence under such terms as the Board directs.
(b) The Board may require that proposed findings and conclusions be submitted to it by the adverse party or the Board staff or both.
(c) The Board may take judicial notice of any fact or matter of record in the Board files, provided that the adverse party has been advised of the existence of the files and of the Board's intention to take judicial notice of matters contained therein, and is given reasonable opportunity to review such files and to contest any facts to be noted.
(d) Board decisions shall be delivered to the party or parties affected by certified mail. Decisions are effective on the day filed.
Section 10. Sanctions. The Board may take any of the following actions:
(a) If an applicant for certification has not complied with the Board's educational and training requirements, the Board shall deny certification.
(b) In case of violation of any of these rules or the Act by a certificate holder, the Board may:
(i) Suspend the certificate for a period of time not to exceed four years, or until the end of the coroner's term, and require remedial action prior to reinstatement;
(ii) Revoke the certificate; or
(iii) Find the violation insufficient to justify suspension or revocation and direct compliance with such rule or the Act.
(c) Find that the rules and the Act have been substantially complied with and order appropriate action.
(d) Take any other appropriate action authorized by law.
Section 11. Appeal. Any appeal from a final order of the Board shall be pursuant to Section 16-3-114 of the Wyoming Statutes, and Rule 12 of the Wyoming Rules of Appellate Procedure.