Wyo. Code R. 046-0001-13
Mixed Martial Arts, Board of
Chapter 13: Practice and Procedure
Effective Date: 11/13/2012 to 03/13/2013
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 046.0001.13.11132012
Section 1. Board Statement of Purpose. These rules are adopted to implement the Board's authority under the Act for "Mixed Martial Arts Regulation," W.S. §§ 33-48-101 through 33-48-117 ("Act"), to conduct investigations, hearings, and proceedings concerning action related to a license application, including denial of licensure. These rules are also adopted to implement the Board's authority under the Act to conduct investigations, hearings, and proceedings concerning alleged violations and to determine and administer appropriate disciplinary action against licensees for proven violations.
(a) Upon receipt of a complete application for a license required by these rules, the Board shall forward the application to an assigned Board member who shall constitute the Application Review Committee ("ARC").
(b) The ARC may:
(i) Approve 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 whether denial is appropriate.
(c) If, after review, the ARC and the assigned AAG recommend denial of an application:
(i) A preliminary denial letter shall be sent to applicant. The letter shall:
(A) State the basis for the 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 thirty (30) days of the date of the preliminary denial letter, the preliminary denial becomes final.
(iii) If the applicant requests reconsideration within thirty (30) 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 approve or deny the application.
(v) If denied, the applicant must submit a written request for a hearing, within thirty (30) days of the date of the denial letter.
(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, with a hearing officer presiding.
(iii) The applicant has the burden of proving that he/she meets all requirements for the license to be issued.
(a) Information. If information concerning a possible violation of the Act or these rules by a person who has been issued a license under these rules ("Licensee") is received or obtained by a Board member or members of the staff, the Board may, on its own motion, initiate a complaint against the Licensee, who will be notified of a complaint initiated under this section.
(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 the Board 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") to investigate the allegations and make a recommendation. If the IBM recommends, the Board may hire an independent investigator 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 shall not take part in the consideration of any contested case.
(ii) The IBM shall not by this rule be barred from attending any disciplinary hearing.
(b) Upon completion of the investigation, the IBM shall prepare an investigative report.
(i) The report shall include:
(A) The findings of the IBM; (B) Recommended action; (C) A list of statutes and/or Board rules believed to have been violated; (D) Any additional information that is relevant to the report.
(c) Upon completion of the investigation, the IBM may bring to the Board a recommendation for any appropriate action, including but not necessarily limited to the following:
(i) Send the notice required by Section 5;
(ii) 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.
(d) Upon notification of the findings of an investigation, a Licensee may be asked to attend or may request an informal compliance conference with the IBM, 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.
(e) The Board may resolve a complaint at any time by:
(i) Accepting a voluntary surrender of a license or permit;
(ii) Accepting conditional terms for settlement; or
(iii) Dismissal.
Prior to commencement of a formal contested case hearing, the IBM 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 the mailing of the notice. Such notice shall be sent to the Licensee's last known address by certified mail with return receipt requested and by 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 mail and first class mail sent to the applicant's address last known by the Board 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 filing a formal petition and complaint along with a notice of hearing, served in person, or by certified mail and first class mail sent to the Licensee's address last known 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
(v) The Licensee shall file an Answer or Notice of Appearance, which must be received by the Board at least ten (10) working days prior to the date set for hearing or the Licensee will be in default.
(vii) A statement that failure to respond may result in entry of judgment by default for the relief demanded in the complaint.
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 order based on the allegations in a petition in any case where the applicant, Licensee, or certificate holder has not answered or appeared in writing ten (10) working days before the hearing, or in any case in which the applicant, Licensee, or certificate holder or his/her representative has not appeared at a scheduled hearing for which they had notice.
Section 9. Motions. All motions made to the Board shall be made in writing ten (10) business days prior to the date set for hearing.
(a) The Board may, within its discretion and upon good cause shown, allow a motion to be filed at any time.
(b) For purposes of this rule, any request for settlement of a contested case shall be considered a motion before the Board.
Section 10. Hearing Officer. The Board may appoint a hearing officer to take evidence at the hearing.
Section 11. Discovery.
(a) In all formal proceedings before the Board, discovery shall be afforded in accordance with the Wyoming Administrative Procedure Act. (b) Requests for discovery from the Board shall be made in writing and directed to the Board office.
(a) A Board member 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 license to practice law in the State of Wyoming.
(b) In any case before the Board, an appearance in person or the filing of an answer 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 or IBM.
(a) The hearing officer may direct the parties to appear before him/her to consider:
(i) The simplification of the issues;
(ii) The necessity of 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 informally by the hearing officer. At the discretion of the hearing officer, an order will 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 direct the reading into the record of the notice of hearing given, and the complaint, together with appearance in the form of answers or other appearance made by the registrant, and shall note for the record all subpoenas issued and all appearances of record, including registrant and attorney.
(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 should go first. The time allowed for opening statements may be limited by the hearing officer.
(d) The attorney or representative for the IBM 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 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 dismiss and excuse all witnesses and declare the hearing closed, unless reopened by the hearing officer for good cause shown. Any party who may desire to tender written briefs to the Board may do so. 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, the parties may file proposed findings of fact, conclusions of law, and order after the hearing and before the deadline announced in the hearing's closing announcements.
(ii) At the discretion and direction of the Board, the hearing officer shall prepare proposed findings of fact, conclusions of law, and order.
(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 and be based exclusively upon the evidence in the record and matters officially noticed. All final decisions issued by the Board will be served to all parties by 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 issuance 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, interlocutory rulings;
(ii) Evidence received or considered;
(iii) Statement of matters officially noticed;
(iv) Objections and offers of proof and rulings thereon; (v) Proposed findings and exceptions, if any; and (vi) 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.
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.