Wyo. Code R. 019-0001-2
Teaching Standards Board, Professional
Chapter 2: Hearing Process and Disciplinary Procedures
Effective Date: 09/05/1996 to 08/13/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 019.0001.2.09051996
Section 1. Purpose. These rules are promulgated in order to provide just, speedy, and inexpensive determinations of the issues presented upon the denial, suspension, or revocation of a certificate.
Section 2. Authority. These rules are promulgated in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115, and the Professional Teaching Standards Board authority under W.S. 21-2-802(c),(e),(g).
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.
(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) Basis. One’s certificate may be revoked for the reasons stated in W.S. 21-2-802 (a)(c),(e),(g) and for a judicial declaration of legal incompetency, a conviction of a felony, or conviction of commission of an immoral act.
(b) Procedure. The Professional Teaching Standards Board or a district board of trustees may initiate a disciplinary action by filing with the Professional Teaching Standards Board a complaint including the following:
(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.
(c) Review of Complaint.
(i) The Board shall review each complaint and may hire an independent investigator or appoint an investigative committee comprised of one or two Board members to further investigate the complaint.
(A) The committee members so appointed shall not take part in the consideration of any contested case except for providing information obtained through their investigation and providing testimony at a contested case hearing.
(B) Members of the committee shall not by this rule be barred from attending any disciplinary hearing.
(ii) Upon completion of the investigation, the committee may:
(A) Recommend to the Board that the complaint be closed without action;
(B) Recommend to the Board that a letter of warning or reprimand be sent to the individual; or
(C) Recommend to the Board that a formal complaint be issued to suspend or revoke the individual’s license or certification.
(iii) The Board shall consider the committee’s recommendations, and if the Board determines that a formal complaint to refuse to renew, suspend or revoke the individual’s license or certificate is warranted, the Board shall give notice by mail to the individual of the facts or conduct which warrant the intended action, giving the individual an opportunity to show compliance with all lawful requirements for retention of the license or certificate within ten (10) days of receipt of the notice. Such notice shall be sent to the individual’s last known address by certified mail with return receipt requested.
(d) Notice and Hearing Rights. The Professional Teaching Standards Board will forward a copy of the complaint, when complete, to the certificate or permit holder by certified mail, return receipt requested, along with a letter stating that he/she has a right to a hearing before an independent hearing officer or to respond to the charges in writing in lieu of a hearing.
(i) His/Her written request for a hearing must be received by the Professional Teaching Standards Board within thirty (30) days following his/her receipt of the complaint, or it will not be granted the remedy specified in(b)(x) and sought from the Professional Teaching Standards Board will be granted the result may not be appealed to the district court under the Administrative Procedure Act.
(ii) Upon timely receipt of the request to present his/her case in writing 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, or certificate, or permit holder by certified mail, return receipt requested. The meeting chosen should be at least fifty-five (55) days away 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 twenty (20) days before the meeting at which the matter is to be considered.
(iii) Upon timely receipt of a hearing request, the Professional Teaching Standards Board will within twenty (20) days arrange for a hearing officer and set the time and place of the hearing. It should be set for not less than thirty (30) days from the date of receipt of the request for hearing and may be postponed for good cause shown.
(e) Before the Hearing. These procedures apply to any Section 4 hearing before an independent hearing officer. In all cases, the Director of the Professional Teaching Standards Board will participate as a party representing the public interest and shall be served through counsel from the Office of the Attorney General.
(i) Docket Number and File. Upon receipt of a timely request for hearing, the Professional Teaching Standards Board will assign a number to the case and establish a docket file. The papers already filed by an applicant or complainant will be placed in the docket file and individually logged in at the front. All subsequent additions to the record will be similarly logged into the docket file showing the date of receipt.
(ii) Original To Docket File. The original of all documents a party seeks to include in the record will be filed with the Professional Teaching Standards Board, and at the same time copies must be sent to all other parties not in default and to the hearing officer.
(iii) Certificate of Service. The original of each document to be filed as above must include a certificate of service, stating when and by whom it was mailed or delivered to each of the other parties. Once it is known that a party is represented by counsel, the attorney should be served rather than the party.
(iv) Discovery. Any party undertaking discovery shall do so in accordance with Wyoming Rules of Civil Procedure and shall file the originals with the Professional Teaching Standards Board, including interrogatories, requests for admissions, the responses, transcripts of depositions, and so forth.
(v) Subpoenas. Upon application of any party, the Professional Teaching Standards Board or the hearing officer will issue subpoenas requiring the appearance of witnesses and the production of evidence.
(vi) Pre-Hearing Conference. A pre-hearing conference may be conducted in order to simplify or eliminate issues and expedite the hearing. A pre-hearing legal memorandum may be filed at that time.
(vii) No less than five (5) days before a hearing each party must file a complete list of the names, addresses, and telephone numbers of his/her witnesses and the substance of their expected testimony. Failure to so inform all other parties will result in the exclusion of the proffered testimony.
(f) 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.
(vii) All parties may file legal briefs at or before the close of the hearing, or later if allowed by the hearing officer, who may also request proposed findings of fact and conclusions of law from the parties.
(viii) The case is then taken under advisement, and the hearing officer will prepare findings of fact and conclusions of law as part of his/her proposed decision and order. The Professional Teaching Standards Board will make the final decision after consideration of the record in the case, and will promptly forward copies of the decision and order to the applicant, or certificate or permit holder by certified mail, return receipt requested, and to all other parties.
(g) General Considerations.
(i) All persons appearing at a hearing may be assisted by counsel.
(ii) The Administrative Procedure Act (APA) applies to the conduct of these hearings, and in so far as there are omissions in the procedure of the APA and above, the Wyoming Rules of Civil Procedure may be applied.
(iii) The applicant, or certificate or permit holder may appeal an adverse decision to the district court pursuant to W.S. 16-3-114 and Rule 12 of the Wyoming Rules of Appellate Procedure.