Wyo. Code R. 022-0001-10
Respiratory Care, State Board for
Chapter 10: Practice and Procedures for Applications
Effective Date: 04/05/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 022.0001.10.04052023
Section 1. Authority. The Board promulgates these rules according to authority granted by Wyoming Statute 33-43-105(a)(i) and 16-3-103(j)(i).
(a) Assigning Application Review Committee (ARC).
(i) Board staff shall review all applications for a license.
(ii) When Board staff determines that there may be grounds to deny a license or approve a license subject to discipline or restrictions, Board staff shall refer the application to an ARC.
(b) The ARC shall investigate the application, which may include requesting additional information, meeting with the applicant, or any other action the ARC deems appropriate.
(c) The ARC may recommend that the Board:
(i) Issue, renew, relicense, or reinstate a license;
(ii) Issue, renew, relicense, or reinstate a license subject to reprimand, conditions, restrictions, or other disciplinary action;
(iii) Approve a settlement agreement; or
(iv) Deny the application.
(d) Notice of Intent.
(i) If the ARC intends to recommend that the Board deny an application or issue a license subject to other disciplinary action, the ARC shall notify the applicant of its recommendation.
(ii) The Notice of Intent shall contain:
(A) A brief description of the facts or conduct that the ARC alleges warrant denying the license or issuing the license subject to disciplinary action;
(B) Citations to the applicable statutory provisions or Board rules that the ACR alleges the applicant violated; and (C) Notice that an applicant may request a hearing before the Board in writing within thirty (30) days from the date of mailing.
(e) The applicant shall have thirty (30) days from the date the ARC mailed the Notice of Intent to respond. The applicant may:
(i) Request that the Board hold a hearing on the ARC's recommendation;
(ii) Request that the Board table consideration of the application; or
(iii) Withdraw the application.
(f) If an applicant fails to timely respond to the Notice of Intent, the Board may accept the ARC's recommendation.
(g) There shall be a presumption of lawful service of any communication required by these rules if sent by U.S. mail to the address stated on the application or, if applicable, an updated address later provided by the applicant.
(a) Upon receiving a written request for a hearing from an applicant, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing on the applicant at least 30 days before the hearing. The Notice of Hearing shall contain:
(i) A brief statement of the matters asserted, including:
(A) The ARC's recommendation;
(B) The facts upon which the recommendation is based; and
(C) The statutory provisions or Board rules the applicant is alleged to have violated or failed to meet to qualify for licensure.
(b) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1.
(c) The applicant shall bear the burden to prove by a preponderance of the evidence that he or she meets the qualifications for licensure. The burden of the production shall shift to the ARC to prove by clear and convincing evidence that the applicant should not be granted an unrestricted license or license subject to discipline. The burden of production then shifts to the applicant to demonstrate that the ARC's grounds for denial or issuance of a license subject to conditions or restrictions are insufficient and that the applicant is entitled to licensure.