Podiatry, Board of Registration

Podiatry, Board of Registration in

Chapter 8: Hearings Relative to Revocation

Effective Date: 12/29/2006 to UNKNOWN

Rule Type: Superceded Rules & Regulations

Reference Number: 028.0001.8.12292006

CHAPTER 8

HEARINGS RELATIVE TO REVOCATION

Section 1. Statement of Purpose. These rules and regulations are adopted to implement the Board's authority set forth the nature and requirements of all formal and informal procedures available in connection with contested cases (W.S. 16-3-102(a)(i)).

Section 2. Purpose. These rules are established to provide a fair and efficient method for administrative hearings relative to 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 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 revocation of a license shall be called by the Board Chair, or in his/her inability to act, by the Vice Chair.

Section 5. Commencement of Action. Upon an appropriate showing of violation of W.S. 33-9-101 through 33-9-113 or the Rules and Regulations, the Board may commence proceedings to refuse to renew or may revoke the license of the alleged offender or take other disciplinary action. In a Petition, the Board shall notify the licensee of the:

1. (a) Time, place and nature of the hearing;
2. (b) The legal authority and jurisdiction under which the hearing is to be held;
3. (c) The particular sections of the statutes and rules involved; and
4. (d) A short and plain statement of the violations alleged.

No answer is required, and at the hearing, the licensee may appear and show why his/her license should be renewed or should not be refused, revoked or other disciplinary action taken.

Section 6. 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 7. 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 8. 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 9. Authority of Hearing Officer. The hearing officer or the President of the Board, if there is no hearing officer, has the authority to:

1. (a) Administer oaths and affirmations;
2. (b) Issue subpoenas;
3. (c) Rule upon offers of proof and receive relevant evidence;
4. (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;
5. (e) Regulate the course of the hearing;
6. (f) Hold conferences for the settlement or simplification of the issues;
7. (g) Dispose of procedural requests and similar matters;
8. (h) Make recommended decisions when directed to do so by the Board; and
9. (i) Take any action authorized by Board rules, the Administrative Procedure Act, or W.S. 33-7-101 et seq.

Section 10. Counsel. All parties may appear at the hearing with or without counsel.

Section 11. 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 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 12. 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 13. Order of Procedure at Hearing. Hearings will be conducted substantially as follows:

1. (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;
2. (b) The hearing officer or President will take up any preliminary motions or matters to be discussed;
3. (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;
4. (d) The licensee or his attorney may present his opening statement in the same manner;
5. (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;
6. (f) The licensee or his counsel will present his evidence, subject to cross examination by the Board's attorney, the hearing officer and Board;
7. (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;
8. (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;
9. (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.

Section 14. Decision of Board.

1. (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.
2. (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 15. 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.