Wyo. Code R. 034-0001-9
Dental Examiners, Board of
Chapter 9: Rules of Practice Governing Contested Cases Before the Board of Dental Examiners
Effective Date: 03/05/2003 to 04/07/2015
Rule Type: Superceded Rules & Regulations
Reference Number: 034.0001.9.03052003
Section 1. Authority. These Rules of Practice are promulgated by authority of W.S. 33-15-101 through 33-15-130 and pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3101 through 16-3-115.
Section 2. Definitions. All of the definitions set forth in W.S. 33-15-128 and W.S. 16-3-101 are incorporated herein by reference and for the purposes of contested hearing, the following definitions of parties shall prevail:
'Board' means the State Board of Dental Examiners for the state of Wyoming.
(b) 'Contestee' means the person, persons, firm, or corporation licensed by law under the jurisdiction of the board and against whom the board is proceeding for alleged violation of any of the provisions of W.S. 33-15-101 through W.S. 33-15-130 or any of the Rules and Regulations of the board.
Section 3. Notice. Contested cases shall be commenced by a notice filed with the board. The notice shall include a statement setting forth:
(a) The name and address of each contestee.
(b) A statement in ordinary and concise language of the facts upon which the contest is based, including, whenever applicable, particular reference to the statutes, rules, and/or orders allegedly violated.
(c) A statement of the time, place, and nature of the hearing.
(d) A statement of the legal authority and jurisdiction under which the hearing is to be held.
Section 4. Service.
(a) Notice shall be served upon each contestee at least twenty (20) days prior to the date set for hearing.
(b) Service of the notice or of any other document or pleading required to be served may be made either personally or by mailing to the last known address of the contestee. If personal service is made, the return of service shall be made by certification of the person who made such service. Such return of service must be filed with the board prior to the commencement of the hearing.
Section 5. Answer or Appearance. Each contestee shall be allowed twenty (20) days from the date of service, in which time to file with the board his/her answer or other appearance. The board may, for good cause shown, grant an extension of time in which to answer and reschedule the hearing accordingly.
Section 6. Prehearing Conference. At any time prior to the date set for hearing, the board may direct the representative for the parties to appear before the board to consider:
Section 7. Default in Answering or Appearing. In the event of failure of any contestee to answer or otherwise appear within the time allowed, and provided that the foregoing rules as to service have been complied with, each contestee so failing to answer or otherwise plead or to appear, shall be deemed to be in default, and the allegations of the petition or the formal notice, as the case may be, may be taken as true and the Order of the board entered accordingly.
Section 8. Subpoenas. Upon application of any party, the board or its designated presiding officer shall issue subpoenas requiring the appearance of witnesses for the purpose of taking evidence or requiring the production of any relevant books, papers, or other documents.
Section 9. Motions. Upon reasonable notice of all parties, the board or its designated presiding officer may hear orally, or otherwise, any motion filed in contested cases.
Section 10. Hearing. At the date, time and place of hearing set down by the board, and in accordance with the Notice given, the board shall hear all matters presented. All matters enumerated in the Notice shall be presented by an officer, agent, or representative acting on behalf of the board. Any contestee may be represented personally or by counsel, provided that such counsel be duly authorized to practice law in the state of Wyoming or otherwise associated at the hearing with a representative authorized to practice law in this state.
Section 11. Order of Procedure at Hearing. As nearly as may be, hearings shall be conducted in accordance with the following order of procedure:
(a) Each party may make an opening statement. (b) The board's evidence will be presented. The board's exhibits will be marked with letters of the alphabet beginning with "A". (c) The contestee's evidence will be presented. The contestee's exhibits will be marked with numbers beginning with "1". (d) Any party may offer rebuttal evidence. (e) After all proceedings have been concluded, the presiding officer shall declare the hearing closed.
Members of the board and the designated presiding officer may examine witnesses.
The presiding officer may allow evidence to be offered out of order herein prescribed.
Section 12. Reopening Hearing. A hearing may be reopened for good cause shown by order of the board upon motion of any party to the proceeding, or the board itself.