Wyo. Code R. 019-0001-2
Teaching Standards Board, Professional
Chapter 2: Due Process Procedures
Effective Date: 08/13/1998 to 11/17/2009
Rule Type: Repealed Rules & Regulations
Reference Number: 019.0001.2.08131998
Section 1. Authority These rules are promulgated by the Wyoming Professional Teaching Standards Board pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101, et seq., and W.S. 21-2-801 and 21-2-802.
Section 2. Definitions. All of the definitions set forth in the Wyoming Administrative Procedure Act are herein incorporated by reference.
Section 3. Denial. An application for a certificate will be denied by the Professional Teaching Standards Board if it fails to meet the requirements of W.S. 21-2-802 or of these rules. An application will also be denied for grounds which would justify suspension or revocation according to W.S. 21-2-802 or these rules, whether or not such action has been taken in Wyoming or elsewhere. The board may deny certification of any applicant who has been convicted of a felony and may annul a certificate for misrepresentation by an applicant of his/her criminal history.
(a) Notice. The Professional Teaching Standards Board will provide written notice by certified mail, return receipt requested, of a denial to the applicant stating the basis for the denial and citing the relevant statutes or rules under which the action is taken.
(b) Individual Appeal of Denial or Annulment. An applicant whose application has been denied may file a petition with the Professional Teaching Standards Board asking that the matter be reconsidered. In addition to making a written presentation to the Professional Teaching Standards Board, he/she may ask to make an oral presentation.
(c) Time. From receipt of written notice of denial by the Professional Teaching Standards Board, an applicant has thirty (30) days within which to file a petition with the Professional Teaching Standards Board. No request or petition received by the Professional Teaching Standards Board more than thirty (30) days after the applicant's receipt of notice of denial will be considered. Upon timely receipt of the written request to present his/her case directly to the Professional Teaching Standards Board, the Professional Teaching Standards Board will add the matter to the agenda of a future meeting and promptly notify the applicant, certificate or permit holder by certified mail, return receipt requested. The meeting chosen should be at least fifty-five (55) days from the receipt of the written request to allow the applicant, or certificate or permit holder at least thirty (30) days to prepare. All papers to be submitted to the Professional Teaching Standards Board must be received by the Professional Teaching Standards Board at least (20) days before the meeting at which the matter is to be considered.
(d) Supporting Documentation. The petition filed by an applicant must include the following when appropriate to applicant's situation:
(i) Name, mailing address, and telephone number at which applicant may be reached in the succeeding three (3) months;
(ii) Copies of past and present certifications held;
(iii) A copy of his/her current employment contract and information about present and future employment plans;
(iv) Statements from the board of trustees and superintendent seeking to employ the candidate, if any;
(v) Information concerning the alleged deficiency or grounds cited for denial;
(vi) Copies of pertinent statutes or regulations from other states under which disciplinary action has been taken against the applicant or which pertain to any other basis for denial; and
(vii) Copies of the charges and final orders in disciplinary actions and the indictments or information, verdicts, judgments, and sentences of applicants with criminal convictions.
(e) Procedure For Petition. Petition may be in the form of a letter to the Professional Teaching Standards Board stating the remedy sought from the Professional Teaching Standards Board, and include the supporting documentation described in(d).
(a) A certificate or permit may be suspended or revoked for the reasons stated in W.S. 21-2-802.
(b) For purposes of these rules and for clarification of W.S. 21-2-802(c), the following applies:
(i) incompetencies include, but are not limited to, a judicial declaration of legal incompetency or habitual use of drugs and alcohol.
(ii) immorality includes, but is not limited to, misdemeanor convictions for sexual misconduct and/or an immoral act or engaging in any type of sexual relationship with a student.
(iii) reprehensible conduct includes, but is not limited to, providing false information to the Board, violation of the Board's rules and regulations, diversion of school or district funds for personal use or having a license or certificate disciplined by other jurisdictions.
(iv) gross neglect of duty includes, but is not limited to, student abandonment or breach of contract with a school district.
(a) Information. If any information concerning a possible violation of the act or rules is received or obtained by a board member or members of the staff, the Board may, on its own motion, initiate proceedings under the Act and in accordance with the Wyoming Administrative Procedure Act. Certificate and permit holders will be notified of the proceedings initiated by the Board under this section.
(a) Complaint: In order for entities other than the Board to initiate a disciplinary action against a certificate or permit holder, a written complaint shall be submitted to the Board office. Nothing in the section shall be construed to prohibit the Board or the Board's staff from filing a written complaint. The written complaint should provide the following information, as may be applicable:
(i) The name and address of the complainant;
(ii) The name, address, and telephone number of the district superintendent, chairman of the board of trustees, and anyone else designated to be the contact person for the district;
(iii) The name, address, and telephone number of counsel who will represent the district, if any;
(iv) The name, address, and telephone number of the certificate or permit holder against whom the charges are made;
(v) The dates of his/her employment by the district, the positions held, and a copy of his/her contract;
(vi) The statutory and regulatory grounds alleged to have been violated;
(vii) The specific conduct alleged to constitute the violation;
(viii) Any disciplinary action taken by the district or a prior employer based on this or similar conduct;
(ix) Any pending criminal charges or convictions entered and a copy of the indictment or information, verdict, judgement, and sentence entered;
(x) The remedy sought from the Professional Teaching Standards Board; and
(xi) The name, address, and telephone number of all anticipated witnesses as well as the probable subject matter of their testimony ;and
(xii) The signature and address of the person or persons making the complaint and telephone numbers.
(a) The Board shall consider the written complaint to determine if further investigation is deemed necessary. If further investigation is deemed necessary the Board shall assign an investigation committee comprised of one or two Board members or other individuals. In addition, the Board may hire an independent investigator to conduct the investigation. Certificate or permit holders will be advised of the investigation, the names of the committee members and the nature of the complaint.
(i) The committee members so appointed shall not take part in the consideration of any contested case.
(ii) Members of the committee shall not by this rule be barred from attending any disciplinary hearing.
Section 7. Investigations and Board Action. The investigation committee shall investigate written complaints set for further investigation or proceedings initiated by the Board on its own motion.
(a) Upon completion of the investigation, the committee shall prepare an investigative report for the purpose of anticipation of hearings.
(b) Upon completion of the investigation, the committee may: (i) prepare and file a formal complaint and notice of hearing with the Board, setting the matter for a contested case hearing;
(ii) recommend to the Board that an advisory letter be issued to the certificate or permit holder;
(iii) recommend the Board accept an offer of conditional terms for settlement; or
(iv) recommend to the Board that the complaint be dismissed.
(c) The Board may resolve a complaint at any time by:
(i) sending an advisory letter to the certificate or permit holder;
(ii) accepting a voluntary surrender of a certificate or permit;
(iii) accepting conditional terms for settlement;
(iv) dispensing with it in an informal manner; or
(v) dismissal.
(a) Prior to commencement of formal proceedings, the Board shall give notice by mail to the licensee, certificate or permit holder of the facts or conduct which warrant the intended action. The notice shall give the certificate or permit holder an opportunity to show compliance with all lawful requirements for retention of the license or certificate within ten (10) days of receipt of this notice. Such notice shall be sent to the individual's last known address by certified mail with return receipt requested.
(a) Formal proceedings for a hearing before the Board regarding action against a licensee, certificate or permit holder shall be commenced by notice and complaint issued by the Board, served in person, or by certified mail to the address last known by the Board at least thirty (30) days prior to the date set for the hearing. Notice shall contain at least:
(i) the name and address of the respondent;
(ii) a statement, in ordinary and concise language, of the nature of the complaint filed with the Board, and the facts upon which the complaint is based, as well as the specific statutory provision(s) or the Board rules and regulations involved;
(iii) the time, place, and nature of the hearing;
(iv) that the hearing is being held pursuant to the Board's authority under W.S. 21-2-802; and
(v) the licensee, certificate or permit holder shall file an Answer or Notice of Appearance, which shall be received by the Board at least three (3) working days prior to the date set for hearing in the matter.
(a) When formal proceedings are initiated the case shall be assigned a number and entered upon a docket provided for such purpose.
(b) There shall be established a separate file for each docketed case, in which shall be systematically placed all papers, pleadings, documents, transcripts, evidence, and exhibits pertaining thereto, and all such items shall be noted with the docket number assigned, and the date of filing.
Section 11. Continuance. For good cause shown, extension and continuance may be granted or denied at the discretion of the Board or its chairman or hearing officer.
Section 12. Default. The Board may enter an order based on the allegations in a complaint in any case where the respondent has not answered in writing before the hearing, or in any case in which the respondent or the respondent's representative has not appeared at a scheduled hearing of which the respondent had notice.
Section 13. Hearing Officer. The Board may appoint a hearing officer to take evidence at the hearing. A Board member may serve as the hearing officer. If the case is heard before the Board, the chairman may preside.
Section 14. Discovery. In all formal proceedings before the Board, discovery shall be afforded in accordance with the Wyoming Administrative Procedure Act.
(a) A Board member or its 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 provide by law for service of subpoenas in civil actions.
issues to those undisposed of by admission or agreements of counsel and the parties.
Section 19. Order of Procedure at Hearing. The following activities will occur in substantially the following order during the hearing.
(i) Opening announcements are made by the hearing officer, including case name and docket number, the issues to be considered, parties and counsel present, and subpoenas issued.
(ii) Witnesses should be identified and sworn.
(iii) Opening statements may be made at the discretion of the hearing officer. In cases of certificate denial, the applicant should go first. In disciplinary cases, the school district or Director of the Professional Teaching Standards should go first.
(iv) Presentation of Evidence. The same order of presentation as above will be followed with each party and the hearing officer having the opportunity to cross-examine the other parties witnesses. Rebuttal evidence may be presented.
(v) Exhibits offered in evidence by the applicant, or certificate or permit holder will be marked with the letters of the alphabet. Those offered by the school district or Director will be marked numerically.
(vi) 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 for good cause shown the hearing officer reopens them.
(a) Proposed Decisions:
(i) At the discretion and direction of the Board, 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 Board, the hearing officer shall file proposed findings of fact, conclusions of law and order.
(b) Final Decisions: Proposed decisions will be given consideration but are not binding upon the Board. All final decisions will be issued by the Board and be based exclusively upon the evidence in the record and matters officially noted. All final decisions issued by the Board will be served to all parties by certified mail with proof of receipt.
Section 21. Appeals to District Court. Appeals from Board decision shall be taken to the district court having jurisdiction and proper venue in accordance with applicable statutes and the Wyoming Rules of Appellate Procedure.
Section 22. Transcript in Case of Appeal. In the case of an appeal to the district court, the appellant shall pay and arrange for the transcript of the testimony. The transcript shall be verified by the oath
of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case.