Wyo. Code R. 030-0001-7
Chiropractic Examiners, Board of
Chapter 7: Complaint Practice and Procedure
Effective Date: 11/07/2013 to 12/18/2013
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 030.0001.7.11072013
Emergency Rules are no longer in effect 120 days after filing with Secretary of State
Section 1. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to conduct investigations, hearing and proceedings regarding alleged violations of the Act or other Board Rules.
Section 2. Complaints. All complaints against a licensee shall be filed with the Board in writing and should contain:
Section 3. Investigation.
(a) The Board shall consider the complaint to determine if further investigation of the matter is warranted. If further investigation is deemed necessary, the Board shall assign the complaint to a DC.
(b) Upon completion of the investigation, the DC 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 the Board reprimand the licensee; or
(iii) Recommend to Board dismiss the complaint.
(c) The Board may resolve a complaint at any time by:
(i) Sending a written letter of warning to the licensee;
(ii) Accepting a voluntary surrender of a license;
(iii) Accepting conditional terms for settlement;
(iv) Dispensing with it in an informal manner; or
(v) Dismissal.
Section 4. Notice and Opportunity to Show Compliance. Prior to commencing formal proceedings to refuse to renew, suspend or revoke the license of an alleged offender, the Board shall give notice by mail to the licensee and an opportunity to show compliance with all lawful requirements for retention of the license within ten (10) days of receipt of the notice.
Section 5. Hearing Officer. The Board may employ and secure a hearing officer to assist and advise the Board in the conduct of a hearing and the preparation of recommended findings of fact, conclusions of law and order.
Section 6. Service of Notice and Formal Complaint. The DC shall serve a Notice and Complaint by mail at least thirty (30) days prior to the date set for hearing. It shall be sent by certified or registered mail with return receipt to the licensee's known address.
Section 7. Answer or Appearance. The licensee 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.
Section 8. Default. In the event of the failure of a licensee to answer or otherwise appear within the time allowed, a default shall be entered and the allegations as set forth in the Notice and Complaint shall be taken as true and an order of the Board entered accordingly.
(a) The hearing officer shall preside over the formal contested case hearing which shall be conducted pursuant to the WAPA and Chapter 2 of OAH rules for contested cases.
(b) All testimony shall be recorded verbatim by a competent reporter or by electronic recording devices. If the written transcript is prepared at the request of a party, the cost of the transcript shall be paid by the party making the request, unless the Board for good cause shown waives assessment of such costs.
(a) The Board shall issue an order containing findings of fact and conclusions of law. The decision and order shall be filed with the Board and shall, without further action, become the decision and order as a result of the hearing.
(b) Upon entry and filing, the Board shall mail copies of the decision to the licensee or their attorney.
(a) Appeals from Board decisions are governed by the Wyoming Administrative Procedure Act and Wyoming Rules of Appellate Procedure.
(b) Costs of transcripts and any reasonable costs assessed by the Board regarding the record on appeal shall be borne by the party making the appeal.