Wyo. Code R. 018-0002-8
Effective Date: 12/10/2013 to 05/12/2015
Rule Type: Superceded Rules & Regulations
Reference Number: 018.0002.8.12102013
(a) Upon receipt of a completed application, the Commission office shall review the application and, if it is complete and there are no known grounds for denial of the license requested, issue the license. If there are known grounds for denial, the Commission office shall forward the application to the Application Review Committee (ARC).
(b) The ARC shall review the application and all other information available and following the review may:
(i) Approve the application if the applicant meets all requirements; or
(ii) If there are questions as to whether denial is appropriate, forward the application and the ARC report to the Assistant Attorney General assigned to the Commission for prosecution for review.
(c) If, after review, and following consultation with the Assistant Attorney General, the ARC concludes that grounds exist to recommend denial of an application:
(i) A preliminary denial letter shall be sent to applicant. The letter shall:
(A) State the basis for the denial including relevant statutes and rules; and
(B) Advise the applicant of the right to request reconsideration.
(ii) If the applicant fails to request reconsideration in writing within thirty (30) days of the date of the preliminary denial letter, the preliminary denial becomes final.
(iii) If the applicant requests reconsideration within thirty (30) days, a reconsideration conference shall be held with the ARC, the Assistant Attorney General, and the applicant.
(iv) Following a reconsideration conference, the ARC shall either approve or deny the application and notify the applicant.
(v) If denied, the applicant shall submit a written request for a hearing before the Commission within thirty (30) days of the date of the denial letter or the denial is final.
(i) An application denial hearing is a formal contested case hearing conducted pursuant to the Wyoming Administrative Procedure Act.
(ii) The applicant has the burden of proving that he/she meets all requirements for the license requested.
(e) The ARC may attend hearings, but shall not take part in the consideration of any contested case.
(a) A disciplinary action is initiated against a licensee by submitting a sworn written complaint to the Commission office. A complaint concerning an alleged violation of the Act or Commission Rules may be submitted by any person or entity, a Commission member, or a member of the Commission staff. The sworn written complaint should provide as much of the following information as may be available and applicable:
(i) The name and address of the complainant;
(ii) The name, address, place of employment, and telephone number of the licensee against whom the charges are made;
(iii) The specific conduct alleged to constitute the violation;
(iv) The name and address of any other witnesses; and
(v) The signature of the complainant.
(a) Sworn written complaints shall be referred to an Liaison Commission Member (LCM) selected by Commission staff from a rotating schedule. License holders against whom charges are made will be advised of the investigation, the name of the LCM, and the nature of the complaint.
(i) The LCM shall not take part in the consideration of any contested case.
(ii) The LCM shall not, by this rule, be barred from attending any disciplinary hearing.
Section 4. Investigations and Commission Action. The LCM and Commission staff shall investigate those written complaints received which merit further investigation.
(a) Upon completion of the investigation, the investigator for the Commission shall prepare an investigative report and submit it to the LCM.
(i) The report shall include:
(A) The findings;
(B) A list of statutes and/or Commission rules believed to have been violated; and
(C) Any relevant additional information and/or documentation.
(b) The LCM shall review the investigative report, forward the report and his/her recommendations to the Assistant Attorney General assigned to the Commission for prosecution, and consult with the Assistant Attorney General.
(c) Following consultation with the Assistant Attorney General, the LCM may:
(i) Send the notice required by section 5;
(ii) Prepare and file a formal petition and notice of hearing setting the matter for a contested case hearing before the Commission;
(iii) Recommend the Commission accept an offer of conditional terms for settlement, which may include educational courses;
(iv) Recommend the Commission dismiss the complaint.
(d) The Commission may resolve a complaint at any time by:
(i) Accepting a voluntary surrender of a license;
(ii) Accepting conditional terms for settlement;
(iii) Dismissal.
Prior to commencement of a formal hearing, the LCM shall give notice by mail to the licensee of the facts or conduct which warrants his/her intended action. The notice shall give the licensee an opportunity to show compliance with all lawful requirements for retention of the license within twenty (20) days of the mailing of the notice. Such notice shall be sent to the licensee's last known address both by certified mail with return receipt requested and by first class mail.
(a) Formal proceedings for a hearing before the Commission regarding a denied application or an action against an applicant or licensee shall be commenced by notice of hearing for applicants or petition and notice of hearing for licensees, served in person, or by both certified mail and first class mail sent to the address last known by the Commission at least thirty (30) days prior to the date set for the hearing. The petition and notice shall contain at least:
(i) The name and address of the applicant or licensee;
(ii) A statement, in ordinary and concise language, of the reasons for denial or the nature of the complaint filed with the Commission, the facts upon which the denial or complaint is based, as well as the specific statute(s) or Commission rules and regulations alleged to have been violated;
(iii) The time, place, and nature of the hearing;
(iv) That the hearing is being held pursuant to the authority provided by W.S. 33-28-106(g), (h), (j), or (m) (for application denials), 33-28-111 and 33-28-113; and
(v) That the applicant or licensee shall file an Answer or Notice of Appearance, which shall be received by the Commission at least ten (10) working days prior to the date set for hearing, or the applicant or licensee will be in default.
Section 7. Default. The Commission may enter an order based on the allegations in a notice of hearing or petition and notice of hearing in any case where the applicant or licensee has not answered or appeared in writing ten (10) working days before the hearing, or in any case in which the applicant or licensee or his/her representative has not appeared at a scheduled hearing for which he had notice.
(a) The Office of Administrative Hearings shall act as the hearing officer and shall preside over the formal contested case hearing which shall be conducted pursuant to the Wyoming Administrative Procedure Act and the Office of Administrative Hearings' rule concerning contested case proceedings.
(b) At the Commission's discretion, contested case hearings shall either be conducted in the presence of a quorum of Commission members or a committee of one (1) or more Commission members.
(c) During the formal contested case hearing, Commission members may ask questions of the witnesses and/or the parties including their attorneys.
(d) A court reporter shall be present during the hearing and report the entire proceeding.
(a) A commission member or the hearing officer may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and shall have the power to administer oaths.
(b) Service of a subpoena must be made at the expense of the party applying for it and shall be made in the manner provided by law for service of subpoenas in civil actions.
(a) All persons testifying at any hearing before the commission shall be administered a standard oath or affirmation.
(b) No testimony will be received from a witness except under oath or affirmation.
(c) The party calling a witness shall bear the costs associated with his appearance.
(d) The commission and hearing officer shall have an opportunity to examine any witness.
(a) An applicant or licensee may represent himself or be represented by counsel, provided that such counsel is licensed to practice law in the State of Wyoming or is associated at the hearing with one or more attorneys licensed to practice law in the State of Wyoming.
(b) In any case before the commission, an appearance in person or the filing of an answer or other pleading by an attorney shall constitute an appearance of record by an attorney.
(c) A request for withdrawal from representation by an attorney shall be submitted to the commission in writing.
(d) The Assistant Attorney General assigned to the commission for prosecution shall present all matters in a contested case on behalf of the ARC or LCM.
(a) The hearing officer may direct the parties to appear before him to consider:
(i) The simplification of the issues;
(ii) The necessity or desirability of amending the pleadings;
(iii) The possibility of obtaining admissions of fact and of documents to avoid unnecessary proof;
(iv) Formulating procedures to govern the hearing; or
(v) Such other matters as may aid in the presentation or disposition of the case.
(b) Prehearing conferences shall be conducted informally. An order will be prepared which recites the actions taken at the conference, amendments allowed, agreements of the parties, and the issues to be determined at the hearing.
The hearing will be conducted in substantially the following order:
(a) Opening announcements are made by the hearing officer, including case name and docket number, the issue(s) to be considered, parties and counsel present, and subpoenas issued;
(b) Witnesses should be identified and sworn;
(c) Opening statements may be made at the discretion of the hearing officer. In cases of license denial, the applicant should go first. In disciplinary cases the LCM should go first;
(d) Presentation of Evidence. The order above will be followed with each party, the hearing officer, and the commission having the opportunity to cross-examine the witnesses. Rebuttal evidence may be presented;
(e) Exhibits offered in evidence by the applicant or the licensee will be marked with the letters of the alphabet. Those offered by the LCM will be marked numerically;
(f) Closing arguments may be made at the discretion of the hearing officer. Time may be limited, the order of presentation is as above, and brief rebuttal time may be allowed. The hearing and the evidence are then closed, unless reopened by the hearing officer for good cause shown.
(i) At the discretion and direction of the hearing officer, the parties may file proposed findings of fact, conclusions of law, and order after the hearing and before the deadline announced in the hearing's closing announcements.
(ii) At the discretion and direction of the Commission, the hearing officer or the Assistant Attorney General assigned to advise the Commission shall prepare proposed findings of fact, conclusions of law, and order following deliberations by the Commission or its committee.
(b) Final Decisions. Proposed decisions will be given consideration but are not binding upon the Commission. All final decisions will be issued by the Commission and shall be based exclusively upon the evidence in the record and matters officially noticed. All final decisions issued by the Commission shall be served to all parties by first class mail sent to their last known address.
Section 15. Appeals. A Petition for Judicial Review of the Commission decision may be filed in the district court in accordance with the Wyoming Rules of Appellate Procedure.
Section 16. Transcripts. If a Petition for Judicial Review is filed in the district court, the petitioner shall either arrange the preparation and pay for the transcript of the testimony, or reimburse the Commission for the cost of the transcript if previously prepared at Commission expense.