Wyo. Code R. 017-0001-6
Radiologic Technologist Examiners, Board of
Chapter 6: Hearings Relative to Suspension or Revocation
Effective Date: 08/26/1996 to 03/27/2006
Rule Type: Superceded Rules & Regulations
Reference Number: 017.0001.6.08261996
Section 1. Authority. These rules are promulgated by authority of W.S. 33-37-101 through 33-37-113 (1985).
Section 2. Purpose. These rules are established to provide a fair and efficient method for administrative hearings relative to suspension or revocation of licenses by the Board, and these procedures may be utilized when a formal hearing is necessary for other purposes as well.
(a) If a hearing is sought by the Board as petitioner, 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 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 shall provide the Board with the written information required in Section 6(b) through (d) below.
(c) These hearing procedures shall not alter the practice of holding informal hearings whenever possible.
Section 3. Need for Hearing. No license shall be suspended or revoked without a right to a hearing before the Board. All hearings will be handled in accordance with the Wyoming Administrative Procedures Act (W.S. 16-3-101 through 16-3-115).
Section 4. Calling a Hearing. Hearings to consider the suspension or revocation of a license shall be called by the Board Chair, or in his/her inability to act, by the Vice Chair.
(a) The Board shall conduct hearings on complaints concerning violations of this Act and the rules adopted under this Act. A pre-hearing investigation will be conducted to establish relevancy of the complaint. The pre-hearing investigation is conducted by the Attorney General's office. Hearings on complaints are conducted by a Hearing Officer retained by the Board. The Board members will render a decision based on the hearing and on recommended findings of fact and conclusions of law submitted by the Hearing Officer. Action taken by the Board will be submitted to the appropriate national disciplinary action reporting organization.
(b) Prior to institution of a disciplinary action by issuing a Petition, the Board shall give notice by mail to the licensee of the facts or conduct which warrant the intended action and give the licensee an opportunity to show compliance with all lawful requirements for retention of the license within ten (10) days of receipt of notice.
Section 6. Commencement of Action. Upon an appropriate showing of violation of W.S. 33-37-101 through 33-37-113 (1985) 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 the:
No answer is required, and at the hearing, the licensee may appear and show why his license should be renewed or should not be refused, suspended, revoked or other disciplinary action taken.
Section 7. Time and Place of Hearing. The hearing may be held no less than twenty (20) days after service of the Petition upon the licensee, so that he may have adequate time for preparation. Upon motion and for good cause, the hearing may be postponed by the Board until a later date. Hearings shall be conducted in a location determined by the Board.
Section 8. Service. The Petition shall be served personally or by mail, return receipt requested, addressed to the place of business of the licensee, or to the most recent residence address filed with the Board of the licensee.
Section 9. Hearing Officer. The Board may designate an attorney from the Attorney General's office or hire outside counsel to conduct the hearing.
(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 deems himself disqualified because of personal bias or other substantial reason.
Section 10. Authority of Hearing Officer. The hearing officer or the President of the Board, if there is no hearing officer, has the authority to:
(d) Take or cause depositions to be taken in accordance with the provisions of the 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 rules, the Administrative Procedure Act, or W.S. 33-7-101 et seq.
Section 11. Counsel. All parties may appear at the hearing with or without counsel.
Section 12. Inspection of File. Each party or his authorized representative, shall be permitted to inspect and copy, at his own expense at the offices of the Board, all documents filed in the license suspension or revocation proceedings, and all documents regarding the subject of the hearing contained in the Board's files permitted by law to be inspected and copied.
Section 13. 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 must make the necessary arrangements and bear the cost.
Section 14. Order of Procedure at Hearing. Hearings will 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 will take up any preliminary motions or matters to be discussed;
(c) The Board's attorney may present a brief opening statement of the charges, explain the theory of the case and what the evidence will show;
(d) The licensee or his attorney may present his opening statement in the same manner;
(e) The Board's attorney will then present the evidence of the Board, subject to cross examination by the licensee or his counsel and the hearing officer and Board;
(f) The licensee or his counsel will present his evidence, subject to cross examination by the Board's attorney, the hearing officer and Board;
(g) 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 Board's attorney will precede the licensee and may also briefly rebut the licensee's closing statement;
(h) The hearing officer or President may ask for proposed findings of fact and conclusions of law from both parties, to be submitted within a reasonable time;
(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) Within a reasonable period of time after the hearing or after the deadline for receipt of proposed findings of fact and conclusions of law, if any, when requested, the hearing officer shall prepare proposed findings of fact and conclusions of law for submittal to the Board.
(b) Within a reasonable period of time after the hearing, or after submittal of proposed findings of fact and conclusions of law from the hearing officer, if any, the Board shall enter a decision and final order signed by the President.
(c) The licensee shall be promptly notified by mail of the final order.
Section 16. Appeals to District Court. Any licensee/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.