Wyo. Code R. 043-0001-9
Dietetics Licensing Board
Chapter 9: Process and Procedure for Application, Licensure, and Discipline Matters
Effective Date: 06/27/2019 to 05/23/2025
Rule Type: Superceded Rules & Regulations
Reference Number: 043.0001.9.06272019
Section 1. Authority. The Board is authorized under Wyoming Statute 33-47-105(a)(vi), 107(f), and the WAPA to promulgate rules and regulations related to the discipline of dietitians in Wyoming.
Section 2. Statement of Purpose. These Board rules are adopted to implement the Board's authority to:
(a) The Board may take disciplinary action, refuse to issue or renew a license, or issue a license subject to conditions or restrictions for one (1) or more of the following acts or conduct:
(vi) Addiction or use of alcohol, drugs or controlled substances to a degree that renders the licensee unsafe or unfit to practice;
(vii) Sexual exploitation of a client, defined as:
(A) Offering professional services for some form of sexual gratification; or
(B) Sexual assault or contact with a client;
(viii) Client abandonment;
(ix) Conviction of a felony related to the practice of dietetics;
(x) Conviction of a misdemeanor related to the practice of dietetics;
(xi) Suspension, revocation, denial, or other disciplinary action imposed upon a licensee in another jurisdiction;
(xii) Soliciting clients by any form of false or misleading communication;
(xiii) Knowingly submitting false information to the Board;
(xiv) Representation of oneself as legally authorized to engage in the practice of dietetics without a license issued by this Board; or
(xv) Renting or lending a license to any person.
(a) Application Review and Investigation. In application matters:
(i) The applicant bears the burden of satisfying license requirements; and
(ii) Each application for licensure shall be subject to investigation to determine whether the requirements set forth in the Act and Board rules are satisfied.
(b) ARC Action. The ARC may recommend:
(i) A license be issued, renewed, reinstated, reissued, relicensed;
(ii) A license be issued, renewed, reinstated, reissued, or relicensed subject to conditions, restrictions, or other disciplinary action;
(iii) Approval of a settlement agreement which may include the issuance, renewal, reinstatement, reissuance, relicensure of a license subject to conditions, restrictions, reprimand, other disciplinary action, or a combination thereof;
(iv) Denial of licensure.
(c) Notice of Intent. The ARC shall notify the applicant of its intent to recommend issuance of the license subject to conditions, restrictions, or other disciplinary action or denial of the license. Such notification shall contain:
(i) A brief description of the facts or conduct that warrant the denial of a license or issuance subject to conditions, restrictions, or other disciplinary action;
(ii) A statement of the nature of the actions that warrant the issuance or 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 notice of intent.
(d) Applicant’s Request for Hearing.
(i) The applicant may request a hearing if the ARC recommends:
(A) Approval of the license subject to conditions, restrictions, or other disciplinary action; or
(B) Denial of licensure.
(ii) The applicant shall submit a written request for hearing to the Board office within thirty (30) days of the date of the notice of intent.
(iii) Failure of the applicant to pursue proceedings related to the application after requesting a hearing may result in dismissal.
(a) Complaint Review. Every complaint submitted to the Board or initiated on behalf of the Board shall be investigated by an IC. Complaints shall be submitted to the Board upon the form provided by the Board and contain the name, address, and signature of the person making the complaint.
(b) Voluntary Surrender. A licensee may petition the Board, in writing, to voluntarily surrender their license. The Board shall consider the petition at its earliest convenience. The Board may accept or reject the petition for voluntary surrender.
(c) IC Action. The IC may recommend: (i) Dismissal of a complaint; (ii) Issuance of an advisory letter; (iii) Approval of a settlement agreement, which may include a reprimand, conditions, restrictions, non-renewal, suspension, voluntary surrender, other discipline or a combination thereof; (iv) Disciplinary action, which may include a reprimand, conditions, restrictions, non-renewal, suspension, revocation, other discipline or a combination thereof; or (v) Summary suspension.
(a) Recommendation. If the IC recommends summary suspension, the Board shall conduct an expedited proceeding to determine whether the licensee's continued practice presents a clear and imminent danger to public health, safety, or welfare.
(b) Notice of intent to recommend summary suspension. (i) The IC shall notify the licensee of its intent to recommend summary suspension. (ii) The notice of intent shall contain: (A) Copy of the complaint; and (B) Notice that an expedited proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled.
(c) Notice of Expedited Proceeding. Upon confirmation of the date and time of the expedited proceeding, the IC shall notify the licensee of the date and time of the proceeding.
(d) Scope of Expedited Proceeding. The scope of the expedited summary suspension proceeding shall be limited to a presentation of the evidence the investigating party believes warranty summary suspension. The Board shall order summary suspension if it concludes probable cause exists that the charges if proven, would imperatively require emergency action to protect the public health, safety, or welfare. The Board shall incorporate a finding to that effect in its order granting summary suspension.
(a) Notice of intent to recommend disciplinary action.
(i) The IC shall notify the licensee of its intent to recommend disciplinary action.
(ii) The notice of intent shall:
(A) Include a brief description of the facts or conduct that warrant the intended action; and
(B) Provide the licensee an opportunity to show compliance or respond to allegations for disciplinary action within fifteen (15) days of the date of the mailing.
(b) Informal Conference. The licensee may request an informal conference to provide any additional information or to resolve an administrative complaint without a hearing.
Section 8. Petition. The IC shall initiate formal proceedings for disciplinary action by serving a Petition to the last known address of the licensee by certified mail, by regular mail, by electronic mail to the e-mail address indicated to be the preferred method of communication, or by personal service at least thirty (30) days prior to the date set for hearing.
(a) Hearing. Upon receipt of a written request for hearing from an applicant or commencement of formal proceedings for disciplinary action against a licensee, the Board shall conduct a hearing. The Board shall serve a notice of hearing on the applicant or licensee.
(b) Notice of Hearing. The notice of hearing shall contain:
(i) The name and last known address of the applicant or licensee;
(ii) A brief statement of the matters asserted relating to:
(A) The recommendation to deny licensure, issue a license subject to conditions, restrictions, or other disciplinary action, the facts upon which the recommendation is based, and the statutory provisions or the Board Rules the applicant is alleged to have violated; or
(B) The nature of the Petition, the facts upon which the Petition is based, the statutory provisions or the Board Rules the licensee is alleged to have violated;
(iii) The time, place, and nature of the hearing;
(iv) The legal authority and jurisdiction; and
(v) A statement indicating:
(A) The applicant’s failure to appear at the hearing or pursue proceedings may result in a dismissal; or
(B) 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 10. Lawful Service. There shall be a presumption of lawful service of a notice of intent, petition, and notice of hearing or any other communication required by these Board Rules if sent to the last known address of the applicant or licensee by certified mail, by regular mail, by electronic mail to the e-mail address indicated to be the preferred method of communication, or by personal service.
(a) Dismissal. The Board may enter an order of dismissal based on the allegations contained in the recommendation to deny or issue a license subject to conditions or restrictions 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 a 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.
Section 12. Contested Case Hearing. The hearing officer shall preside over the 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) Application/Licensure Matters. The applicant shall bear the burden to prove by a preponderance of evidence that he or she meets the qualifications for licensure. The burden shall shift to the ARC or IC to prove by clear and convincing evidence that applicant should be denied licensure or issued a license subject to conditions, restrictions, or other disciplinary action. The burden shall shift to the applicant to persuade the Board that the ARC or IC’s grounds for denial or issuance subject to conditions, restrictions, or other disciplinary action are insufficient.
(b) Discipline Matters. The IC shall bear the burden to prove by clear and convincing evidence that a licensee violated the Act or the Board’s Rules.
(a) Board Action. The Board may resolve a complaint or application by:
(i) Approving the recommendations of the IC or ARC; or (ii) Dismissing a complaint; (iii) Issuing an advisory letter; or (iv) Conducting 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, or relicense a license; (B) Issue, renew, reinstate, reissue, or relicense a license subject to conditions, restrictions, or other disciplinary action; (C) Deny a license, renewal, reinstatement, reissuance, or relicensure; (D) Dismiss the complaint or petition; (E) Issue an advisory letter; 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 representative.
(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.