Wyo. Code R. 043-0001-9
Chapter 9: Practice and Procedures for Disciplinary, Application, and Licensure Matters
Effective Date: 04/21/2016 to 06/27/2019
Rule Type: Superceded Rules & Regulations
Reference Number: 043.0001.9.04212016
Section 1. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to:
Section 2. Grounds for Discipline.
(a) The Board may refuse to issue a license to an applicant or may suspend, revoke, or otherwise discipline any licensee who has been guilty of violations of the Act or the Board Rules.
(viii) Conviction of a misdemeanor relating to the practice of dietetics; (ix) Suspension, revocation, denial, or other disciplinary action imposed upon a licensee in another jurisdiction; (x) Soliciting clients by any form of false or misleading communication; (xi) Knowingly submitting false information to the Board; (xii) Representation of oneself as legally authorized to engage in the practice of dietetics without a license issued by this Board; or (xiii) Renting or lending a license to any person.
(a) Application Review and Investigation. (i) Every application shall be reviewed by the ARC. (ii) An applicant for licensure shall have committed no acts which are grounds for disciplinary action, or if the act was committed, the ARC has found after investigation that sufficient restitution has been made and the applicant no longer presents a threat to the public safety. (iii) If the ARC is unable to ascertain from documents submitted by the applicant that the applicant is eligible for licensure, the ARC may require the applicant to provide additional documentation, information, or meet informally with the ARC. (b) Application Review Committee Action. The ARC may recommend: (i) A license be issued, renewed, reinstated, reissued, returned to practice, or relicensed; (ii) A settlement agreement which may include the issuance, renewal, reinstatement, reissuance, return to practice, or relicensure of a license with imposition of restrictions, conditions, reprimand, other discipline, or a combination thereof; or (iii) Denial of the application. (c) Notice of Intent to Recommend Denial. The ARC shall notify the applicant of its intent to recommend denial. Such notification shall contain: (i) A brief description of the facts or conduct which warrant the denial of licensure; (ii) A statement of the nature of the actions which warrant the denial or other authorized action, the facts upon which the denial or other action is based, the specific statutory provisions or the specific Board Rules involved; and (iii) Notice of the right to a hearing if a written request is received in the Board office within thirty (30) days of the date of mailing the letter recommending denial.
(d) Applicant's Request for Hearing. If the ARC recommends denial of an application, the applicant may request a contested case hearing in writing within thirty (30) days of the mailing of the notification.
(a) Complaint Review. Every complaint submitted to the Board or initiated on behalf of the Board shall be investigated by a DC.
(b) Voluntary Surrender. A licensee may petition the Board, in writing, to voluntarily surrender their license. The Board shall convene a special meeting to consider the petition. The Board may accept or reject the petition for voluntary surrender and may consider whether the licensee is under investigation.
(c) Disciplinary Committee Action. The DC may recommend:
(iii) A settlement agreement which may include voluntary surrender, summary suspension, suspension, imposition of restrictions or conditions, reprimand, or other discipline;
(iv) Disciplinary action against the licensee including revocation, suspension, reprimand, restrictions or conditions, or other discipline; or
(d) Summary Suspension. The Board shall convene a special meeting to conduct a hearing if the DC believes that the licensee's continued practice presents a danger to the public health, safety, or welfare and recommends summary suspension.
Section 5. Petition. The DC shall initiate formal proceedings for disciplinary action by serving a Petition to the last known address of the licensee by certified mail or by regular mail at least thirty (30) days prior to the date set for hearing.
Section 6. Notice of Hearing. The Notice of Hearing shall contain:
(i) The recommendation to deny the application, the facts upon which the recommendation to deny is based, the statutory provisions and/or the Board Rules the applicant is alleged to have violated; or (ii) The nature of the Petition, the facts upon which the Petition is based, the statutory provisions and/or the Board Rules the licensee is alleged to have violated;
(c) The time, place, and nature of the hearing;
(d) The legal authority and jurisdiction; and
(e) A statement indicating:
(i) The applicant’s failure to appear at a noticed hearing or pursue proceedings may result in a dismissal; or
(ii) The licensee’s failure to answer the allegations contained in the Petition within twenty (20) days of the date of mailing and failure to appear at a noticed hearing may result in a default judgment.
Section 7. Lawful Service. There shall be a presumption of lawful service of a Petition, Notice of Hearing, or any other communication required by these Board Rules if sent to the last known address of the licensee or applicant by certified or regular mail.
(a) Dismissal. The Board may enter an order of dismissal based on the allegations contained in the recommendation to deny in any case where the applicant or the applicant’s representative has not appeared at a noticed hearing or pursued proceedings.
(b) Default. The Board may enter an order of default judgment based on the allegations contained in the Petition in any case where the licensee or the licensee’s representative has not answered the allegations contained in the Petition and has not appeared at a noticed hearing.
(a) Application/Licensure Matters. The applicant shall bear the burden to prove by a preponderance of evidence that they meet the qualifications for licensure. The burden shall shift to the ARC or DC to prove by clear and convincing evidence that applicant should be denied a license. The burden shall shift to the applicant to persuade the Board that the ARC or DC’s grounds for denial are insufficient.
(b) Discipline Matters. The DC shall bear the burden to prove by clear and convincing evidence that a licensee violated the Act or the Board’s Rules.
Section 10. Contested Case Hearing. The hearing officer shall preside over the formal contested case hearing which shall be conducted pursuant to the WAPA and the Office of Administrative Hearings rules concerning contested case proceedings incorporated by reference in Chapter 1.
(a) Board Action. The Board may resolve a complaint by: (i) Approving the recommendations of the DC or ARC; or (ii) Conduct a contested case hearing. Following the hearing and deliberation of all evidence admitted at a contested case hearing, the Board may: (A) Issue, renew, reinstate, reissue, return to practice, or relicense a license; (B) Issue, renew, reinstate, reissue, return to practice, or relicense a license subject to conditions, restrictions, or other disciplinary action; (C) Deny a license, renewal, reinstatement, reissuance, return to practice, or relicensure; (D) Dismiss the complaint or Petition due to lack of clear and convincing evidence; (E) Issue an advisory letter; and/or (F) Impose a reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof. (b) Board Order. The Board shall make and enter a written decision and order. The decision and order shall be sent to the applicant, licensee, or their attorneys by certified or regular mail.
(a) Appeals from decisions of the Board are governed by the WAPA and the 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.