Wyo. Code R. 046-0001-12
Mixed Martial Arts, Board of
Chapter 12: Practice and Procedure Before the Board
Effective Date: 06/15/2018 to 05/03/2019
Rule Type: Superceded Rules & Regulations
Reference Number: 046.0001.12.06152018
Practice and Procedure Before the Board
(a) The Board 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:
(i) There were indications of collusion affecting the result of the bout;
(ii) The compilation of the scorecards of the judges disclosed an error which showed that the decision was given to the wrong contestant; or
(iii) As the result of interpreting the rules in error, the referee rendered an incorrect decision.
(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 within 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 within 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, below, 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.
Section 5. Service of Notice and Opportunity to Show Compliance. 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) When required, Formal Contested Case Hearings shall be held in accordance with rules administered by the Office of Administrative Hearings.
(b) 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.
(c) 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 Board 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.
Section 7. 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, Wyoming Statute § 16-3-114.
Section 8. 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.