Wyo. Code R. 046-0001-12
Mixed Martial Arts, Board of
Chapter 12: Practice and Procedure Before the Board
Effective Date: 03/28/2013 to 06/15/2018
Rule Type: Superceded Rules & Regulations
Reference Number: 046.0001.12.03282013
Section 1. Purpose. These rules are adopted to generally outline the Board's procedure when considering applications, conducting disciplinary investigations, and conducting hearings.
(a) Upon receipt of a complete application for a license or certificate required by these rules, Board staff shall forward the application to an assigned Board member who shall constitute the Application Review Committee ("ARC").
(b) The ARC may:
(i) Preliminarily approve (with final approval by the Board) the application if the applicant meets all requirements, or
(ii) Forward the application to the assigned attorney from the Attorney General's Office ("assigned AAG") for review if the application raises questions as to the applicant's qualifications.
(c) If, after review, the ARC and the assigned AAG recommend preliminary denial of an application:
(i) A preliminary denial letter shall be sent to the applicant via certified and first class mail. The letter shall:
(A) State the basis for the preliminary denial including relevant statutes and rules; and
(B) Advise the applicant of the right to request reconsideration.
(ii) If the applicant fails to request reconsideration in writing within twenty (20) days of receipt of the preliminary denial letter, the preliminary denial may become final upon Board approval. The request must be received by the Board office with twenty (20) days.
(iii) If the applicant requests reconsideration within twenty (20) days, a reconsideration conference shall be held with the ARC, the assigned AAG, and the applicant.
(iv) Following a reconsideration conference, the ARC shall either preliminarily approve or preliminarily deny the application. This letter shall be served upon the applicant via certified and first class mail.
(v) If preliminarily denied after the reconsideration conference, the applicant may request a hearing before the Board by submitting a written request to the Board within twenty (20) days after receipt of the denial letter. If the applicant fails to request a hearing within twenty (20) days of receipt of the denial letter, the preliminary denial may become final upon Board approval. The request must be received by the Board office with twenty (20) days.
(d) Application denial hearings:
(i) An application denial hearing is a formal contested case hearing conducted pursuant to applicable provisions of the Wyoming Administrative Procedure Act.
(ii) The hearing is to be conducted in the presence of a quorum of the Board, the presiding hearing officer, or both.
(a) Information. If a Board member or Board staff receives or obtains information concerning a possible violation of the Act or these rules by a Licensee, the Board member or staff may initiate a complaint against the Licensee, who shall be notified.
(b) Complaint. Persons or entities other than the Board may initiate a disciplinary action against a Licensee by submitting a written complaint to the Board. Nothing in the section shall be construed to prohibit a Board member or the Board's staff from filing a written complaint. The written complaint should provide as much of the following information as may be applicable:
(i) The name, address, and other contact information for the complainant; (ii) The name, address, place of employment, and telephone number of the Licensee against whom the charges are made; (iii) The specific conduct or activity alleged to constitute a violation of the Act or these rules; (iv) The name and address of any other witnesses; and (v) The signature of the complainant.
(a) Complaints shall be referred to the assigned Investigative Board Member ("IBM") or other Board designee to investigate the allegations. An independent investigator may be hired to conduct the investigation. The purpose of the investigation shall be to determine if there is a violation of the Act or these rules and sufficient evidence to warrant any disciplinary action against the Licensee.
(i) The IBM, if he performs the investigation, shall not take part in the consideration of that matter. (ii) The IBM shall not be barred from attending the disciplinary hearing.
(b) Upon completion of the investigation, the IBM or Board designee may:
(i) Send notice to the licensee required by Section 5, below; (ii) Following the proper notice in Section 5, above, prepare and file a formal petition and notice of hearing with the Board, setting the matter for a contested case hearing;
(iii) Recommend an offer of conditional terms for settlement to the Board; or
(iv) Recommend the Board dismiss the complaint.
(c) Upon notification of the initial findings of an investigation, a licensee may be asked to attend or may request an informal compliance conference with the IBM or Board designee, which may also be attended by the assigned AAG. The licensee may appear either with or without counsel. The purpose of the compliance conference will be to discuss formal or informal settlement of the investigative matter.
(d) The Board may resolve a complaint at any time by:
(i) Accepting a voluntary surrender of a license or certificate;
(ii) Accepting conditional terms for settlement; or
(iii) Dismissal.
Prior to commencement of a formal contested case hearing, the IBM or Board designee shall give notice to the licensee of the facts or conduct which warrant its intended action. The notice shall give the licensee an opportunity to show compliance with all lawful requirements for retention of the license or certificate within twenty (20) days of receipt of the notice. Such notice shall be sent to the licensee's last known address by certified and first class mail.
(a) Formal proceedings for a hearing before the Board regarding denial of an application for a license or certificate by an applicant shall be commenced by the ARC filing a notice of hearing, served in person, or by certified and first class mail sent to the applicant's last known address at least thirty (30) days prior to the date set for the hearing. The notice shall contain at least:
(i) The name and address of the applicant;
(ii) A statement, in ordinary and concise language, of the facts upon which the denial by the ARC is based;
(iii) The time, place, and nature of the hearing; and
(iv) That the hearing is being held pursuant to the authority provided by the Act, these rules and the Wyoming Administrative Procedure Act; and
(b) Formal proceedings for a hearing before the Board regarding action against a Licensee or certificate holder shall be commenced by the IBM of Board designee filing a formal petition and complaint along with a notice of hearing, served in person, or by certified and first class mail sent to the Licensee's last known address by the Board at least thirty (30) days prior to the date set for the hearing. The petition and notice shall contain at least:
(i) The name and address of the Licensee;
(ii) A statement, in ordinary and concise language, of the nature of the complaint filed with the Board, and the facts upon which the complaint is based, as well as the specific statute(s) or rules alleged to have been violated;
(iii) The time, place, and nature of the hearing;
(iv) That the hearing is being held pursuant to the authority provided by the Act, these rules and the Wyoming Administrative Procedure Act; and
(c) The Licensee shall file a clear and concise response to the allegations in the formal petition and complaint which must be received by the Board office within twenty (20) days of receipt of the formal petition and complaint or the Licensee shall be in default.
(d) If the Licensee fails to timely respond to the formal petition, the Licensee shall be in default and the Board may enter a judgment by default for the relief demanded in the formal petition.
Section 7. Continuance. For good cause shown, extensions and continuances may be granted or denied at the discretion of the Board or the hearing officer.
Section 8. Default. The Board may enter an default order based on the allegations in a petition or preliminary denial letter if the Board has not received the appropriate request or response from the applicant, Licensee, or certificate holder within twenty (20) days of the applicant's, Licensee's, or certificate holder's receipt of the formal petition or preliminary denial letter, or in any case in which the applicant, Licensee, or certificate holder or his/her representative has not appeared at a pre-hearing conference or scheduled contested case hearing for which they had notice.
Section 9. Motions. All motions made to the Board or hearing officer shall be made in writing at least twenty (20) business days prior to the date set for hearing. The Board may, within its discretion, and upon good cause shown, allow a motion to be filed at any time.
Section 10. Hearing Officer. The Board may appoint a hearing officer to conduct and take evidence at the hearing.
In all formal proceedings before the Board, discovery shall be afforded in accordance with the Wyoming Administrative Procedure Act.
(a) The Board or the hearing officer may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths.
(b) Service of a subpoena must be made at the expense of the party applying for it and shall be made in the manner provided by law for service of subpoenas in civil actions.
(a) All persons testifying at any hearing before the Board shall be administered a standard oath or affirmation. (b) No testimony will be received from a witness except under oath or affirmation. (c) The party calling a witness shall bear the costs associated with the witness's appearance. (d) The Board and hearing officer shall have an opportunity to examine any witness.
(a) An applicant, Licensee, or certificate holder may represent him/herself or be represented by counsel, provided that such counsel is licensed to practice law in the State of Wyoming, or is associated at the hearing with one or more attorneys licensed to practice law in the State of Wyoming. (b) In any case before the Board, an appearance in person or the filing of a response or other pleading shall constitute an appearance of record by an attorney. (c) A request for withdrawal from representation by an attorney shall be submitted to the Board in writing. (d) The assigned AAG of the Attorney General's office may present all matters in a contested case on behalf of the ARC, IBM, or Board designee.
(a) The hearing officer may direct the parties to appear before him/her to consider:
(i) The simplification of the issues;
(ii) The necessity or desirability of amending the pleadings;
(iii) The possibility of obtaining admissions of fact and of documents to avoid unnecessary proof;
(iv) Formulating procedures to govern the hearing; or
(v) Such other matters as may aid in the disposition of the case.
(b) Prehearing conferences shall be conducted by the hearing officer. An order shall be prepared which recites the actions taken at the conference, amendments allowed, agreement of the parties, and the issues to be determined at the hearing.
(a) The hearing officer shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard, and thereupon the hearing officer shall read into the record the notice of hearing given and all appearances of record, including the parties' attorneys.
(b) Witnesses should be identified and sworn.
(c) Opening statements may be made at the discretion of the hearing officer. In cases of license denial, based upon the burden of proof, the applicant should go first. In disciplinary cases, based upon the burden of proof, the IBM or Board designee should go first. The time allowed for opening statements may be limited by the hearing officer.
(d) The attorney or representative for the IBM or Board designee shall then present all evidence in support of the complaint. Witnesses may be cross-examined by the Licensee or the Licensee's attorney. All exhibits offered by the IBM or Board designee shall be marked by letters of the alphabet beginning with "A".
(e) The Licensee shall be heard in the same manner. Any exhibits presented by the Licensee shall be marked numerically, beginning with "1".
(f) At the conclusion of the evidence, a closing statement may be made by each of the parties at the discretion of the hearing officer. The time allowed for this statement may be limited by the hearing officer.
(g) After all proceedings have been concluded, the hearing officer shall declare the hearing closed, unless reopened by the hearing officer for good cause shown. The Board or hearing officer may require written briefs. The hearing officer shall take the case under advisement and shall declare that the decision of the Board shall be announced within due and proper time following consideration of all matters presented at the hearing.
(a) Proposed Decisions.
(i) At the discretion and direction of the Board or hearing officer, the parties may file proposed findings of fact, conclusions of law, and order after the hearing in accordance with the hearing officer's or Board's instructions.
(ii) At the discretion and direction of the Board, the hearing officer may prepare proposed or recommended findings of fact, conclusions of law, and order which shall be served upon the parties via first class mail.
(iii) Following a proposed or recommended decision, the parties shall have the right to file exceptions with the Board within ten (10) business days of the date of the proposed or recommended decision.
(b) Final Decisions. Proposed decisions will be given consideration but are not binding upon the Board. All final decisions will be issued by the
Board. All final decisions issued by the Board will be served to all parties by certified and first class mail.
(c) This rule does not preclude the Board from giving preliminary, non-binding notice to the parties prior to the issuance of the Board's written decision and order.
(d) Unless otherwise ordered by the Board, all decisions of the Board shall be effective as of the date of the written decision and order.
(a) When the denial, revocation, or suspension of any license is the subject for hearing, it shall be regarded as a contested case and the proceedings, including 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.
(b) The Board's record in a contested case matter shall include the following;
(i) All pleadings, motions, notices, interlocutory rulings;
(ii) Evidence received or considered;
(iii) Statement of matters officially noticed;
(iv) Questions and offers of proof, objections, and rulings thereon;
(v) Proposed findings and exceptions, if any; and
(vi) Final decision by the Board.
Section 19. Appeals. A petition for judicial review of a final Board decision may be filed in the district court in accordance with the Wyoming Rules of Appellate Procedure and the Wyoming Administrative Procedure Act, W.S. § 16-3-114.
Section 20. Transcripts. If a petition for judicial review is filed in the district court, the petitioner shall arrange the preparation and pay for the transcript of the testimony, or reimburse the Board for the cost of the transcript if previously prepared at Board expense.
Section 21. Applicability of the Rules of Civil Procedure. The Wyoming Rules of Civil Procedure, insofar as they may be applicable and not inconsistent with the laws of the State, including the Act or these rules, shall apply to contested cases before the Board.