Wyo. Code R. 046-0001-12
Mixed Martial Arts, Board of
Chapter 12: Procedures for Application, Licensure, and Disciplinary Matters
Effective Date: 09/16/2020 to 04/20/2026
Rule Type: Superceded Rules & Regulations
Reference Number: 046.0001.12.09162020
Procedures for Application, Licensure, and Disciplinary Matters
Section 1. Statement of Purpose. This chapter is adopted to implement the Commission's authority to:
Section 3. Modification of Bout Result. The Commission may conduct a hearing on a result modification matter after the Board, in its sole discretion, determines that one or more of the following incidents occurred:
(c) As the result of interpreting the rules in error, the referee rendered an incorrect decision.
(a) Application Review and Investigation. In application matters:
(i) Every applicant bears the burden of satisfying licensure requirements; and
(ii) After an applicant has demonstrated that he or she meets the requirements for licensure, the burden shifts to the ARC to prove there are justifiable grounds for denying the license.
(b) Application Review Committee Action. The ARC may recommend:
(i) A license be issued, renewed, reactivated, relicensed, or reinstated;
(ii) A license be issued, renewed, reactivated, relicensed, or reinstated subject to conditions, restrictions, or other disciplinary action;
(iii) Approval of a settlement agreement, which may include the issuance, renewal, reactivation, relicensure, or reinstatement of a license with the imposition of a reprimand, conditions, restrictions, suspension, other discipline or a combination thereof; or
(iv) Denial of the application.
(c) Notice of Intent to Recommend Approval Subject to Conditions, Restrictions, Other Disciplinary Action or Denial of License.
(i) The ARC shall notify the applicant of its intent to recommend:
(A) Approval of the license subject to conditions, restrictions, or other disciplinary action; or
(B) Denial of the application.
(ii) The Notice of Intent shall contain:
(A) A brief description of the facts or conduct that warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action;
(B) A statement of the nature of the actions that warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action and a citation to the applicable statutory provisions in the Act, Commission rules, or both; and (C) Notice of the right to a hearing if a written request is received by the Commission 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 the application.
(ii) The applicant shall submit a written request for hearing to the Commission office within thirty (30) days of the date of the Notice of Intent.
(e) If the applicant fails to timely request a hearing of the ARC’s recommendation, the application shall be dismissed.
(a) Petition for Modification of Conditions or Restrictions.
(i) A licensee may petition the Commission for modification of the conditions or restrictions imposed upon their license.
(ii) A licensee shall submit a petition for modification to the Commission office in writing, which shall include documentation demonstrating compliance with the Commission order, the modification is consistent with their treatment plan, and the modification is sufficient to ensure the public is adequately protected.
(iii) A petition for modification shall be reviewed by the DC.
(b) Disciplinary Committee Action.
(i) If the DC agrees with the requested modification, the parties may file a stipulated motion with the Commission.
(ii) If the DC does not agree with the requested modification, the DC shall notify the licensee of its intent to recommend denial of the petition.
(c) Commission Consideration. The Commission shall consider the petition at its earliest convenience. The Commission may accept or reject the petition for modification and shall consider the petition and the DC’s recommendation or stipulated motion.
(a) Complaint Review and Investigation.
(i) Complaints shall be submitted to the Commission upon the form provided by the Commission and contain the name, address, and signature of the person making the complaint. Commission staff may initiate complaints.
(ii) DC may meet informally with the licensee.
(b) Voluntary Surrender. A licensee may petition the Board, in writing, to voluntarily surrender their license. The Commission shall consider the petition at its earliest convenience. The Commission 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:
(i) Dismissal of the complaint;
(ii) Issuance of a notice of warning;
(iii) Approval of a settlement agreement, which may include a reprimand, conditions, restrictions, suspension, voluntary surrender, other discipline, or a combination thereof;
(iv) Disciplinary action, which may include a reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof; or
(v) Summary suspension.
(a) Recommendation. If the DC recommends summary suspension, the Commission shall conduct an expedited proceeding to determine whether the public health, safety, or welfare imperatively requires emergency action.
(b) Notice of Intent to Recommend Summary Suspension. The DC shall notify the licensee of its intent to recommend summary suspension.
(c) Notice of Expedited Proceeding. Upon confirmation of the date and time of the expedited proceeding, Commission staff shall notify the licensee in writing of the date and time of the proceeding.
(d) Scope of Expedited Proceeding.
(i) Summary Suspension proceedings shall not be governed by Section 26 Office of Administrative Hearings rules concerning contested case proceedings incorporated by reference.
(ii) The expedited proceeding shall be limited to a presentation of the evidence the DC believes warrants summary suspension.
(a) Notice of Intent to Recommend Disciplinary Action.
(i) The DC 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;
(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; and
(C) Opportunity to show compliance with all lawful requirements for retention of the license within twenty (20) days of receipt of the notice.
(b) Informal Conference. The licensee may request an informal conference with the DC to provide any additional information or to resolve an administrative complaint without a hearing.
Section 9 Petition. The DC shall initiate formal proceedings for disciplinary action by serving a Petition to the last known address of the licensee by regular mail 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 Commission shall conduct a hearing. The Commission 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:
(A) In application matters, the recommendation to deny the application, the facts upon which the recommendation to deny is based, and the statutory provisions or Commission Rules the applicant is alleged to have violated; or
(B) In discipline matters, the nature of the Petition, the facts upon which the Petition is based, and the statutory provisions or Commission 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 a noticed 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 11. 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 Commission rules if sent to the last known address of the applicant or licensee by regular mail.
(a) Dismissal. The Commission may dismiss an application where the applicant or the applicant’s representative has not appeared at a noticed hearing or pursued proceedings.
(b) Default. The Commission 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.
Section 13. 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.
(a) Application Matters. The applicant shall bear the burden, to prove by a preponderance of evidence, they meet the qualifications for licensure. The burden shall shift to the ARC, to prove by clear and convincing evidence, applicant should be denied a license. The burden shall shift to the applicant to persuade the Commission the ARC's grounds for denial are insufficient.
(b) Petition for Modification Matters. The licensee shall bear the burden to prove by a preponderance of evidence that the petition for modification of conditions should be granted.
(c) Discipline Matters. The DC shall bear the burden to prove by clear and convincing evidence a licensee violated the Act, Commission rules, or both.
(a) Commission Action. The Commission may resolve an application matter, administrative complaint, or Petition by:
(i) Approving the recommendations of the ARC or DC; or
(ii) Conducting a contested case hearing. Following the hearing and deliberation of all evidence admitted at a contested case hearing, the Commission may:
(A) Issue, renew, reactivate, relicense, or reinstate a license;
(B) Issue, renew, reactivate, relicense, or reinstate a license with conditions, restrictions, or other disciplinary action;
(C) Deny a license, renewal, reactivation, relicensure, or reinstatement;
(D) Approve or deny a petition;
(E) Dismiss the complaint or Petition due to lack of clear and convincing evidence;
(F) Issue a notice of warning; or
(G) Impose a reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof.
(b) Commission Order. The Commission shall issue a written decision, which:
(i) Shall be sent to the applicant, licensee, or their representative by regular mail; and
(ii) Shall be deemed a public record and be available for inspection and dissemination in accordance with all federal and state laws.
(a) Appeals from decisions of the Commission are governed by the WAPA and Wyoming Rules of Appellate Procedure.
(b) Costs of transcripts and any reasonable cost assessed by the Commission regarding the record on appeal shall be borne by the party making the appeal.
(a) Any code, standard, rule or regulation incorporated by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (c) of this section.
(b) Each rule incorporated by reference is further identified as follows:
(i) Chapter 2 – Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at http://rules.wyo.gov.
(A) The Commission has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length and nature of the rules;
(B) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and
(C) The incorporated rules are maintained at the Board’s office and are available for public inspection and copying at that same location.