Wyo. Code R. 048-0023-9
Effective Date: 02/14/1992 to 08/10/1995
Rule Type: Superceded Rules & Regulations
Reference Number: 048.0023.9.02141992
Section 1. Purpose. These rules have been adopted to establish procedures for disciplinary proceedings before the Division.
Section 2. Appeal Following Denial.
(a) A person denied license or certificate on the grounds that he has engaged in conduct constituting a ground for disciplinary action set forth in Chapter II, Section 12, or Chapter V, Section 8, may request a contested case hearing within thirty (30) days following the Division's decision to deny the person's license or certificate.
(b) The Request for Appeal shall be in writing and shall contain:
(c) Within thirty (30) days after receiving the request for a contested case hearing, the Division shall make one of the following decisions, and shall notify the person requesting the contested case hearing of its decision. The Division may:
(iii) Deny the request for contested case. Following denial, the Division shall issue findings and an order. The order shall be the Division's final decision and may be appealed to the district court pursuant to the Wyoming Administrative Procedure Act.
Section 3. Initiation of Proceedings.
Other than emergency suspensions, the Division shall initiate proceedings to revoke, restrict, or suspend a license or certificate by sending a complaint to the Contestee.
(a) The Division shall notify the Contestee at least twenty (20) days before holding a contested case hearing. The Division and Contestee may waive this requirement by written agreement entered into the record.
(b) The Complaint shall be served personally or by certified mail to the Contestee's last known address.
(c) The Complaint shall contain the following minimal information:
(i) The Contestee's name;
(ii) The time, manner, and place of the hearing; (iii) The docket number assigned
to the case; (iv)
The legal authority and jurisdiction under which the hearing is to be held;
(v) The particular sections of the statutes and rules involved;
(vi) A statement in ordinary and concise language setting forth the grounds for the Complaint. If the Division is unable to state the matters in detail at the time the Complaint is served, the Complaint may be limited to a statement of the issues involved. Within thirty (30) days after a Contestee's request, the Division shall amend the Complaint to provide a more definite and detailed statement.
(d) The Hearing Officer shall allow amendment of the Complaint upon a showing a good cause and lack of prejudice to the Contestee.
Section 4. Answer. The Contestee may file an answer within twenty (20) days after receiving the Complaint.
(a) Pursuant to W.S. 16-3-113, the Division shall order summary suspension of a certificate or license if the Division finds, and incorporates such finding in the order, that public health, safety or welfare imperatively requires emergency action of suspension.
(b) The Division shall accept written notice from the physician medical director that the physician has terminated his position as physician medical director for an E.M.T., attendant or ambulance service as constituting sufficient evidence supporting a finding that public health, safety or welfare imperatively requires emergency action of suspension, if the physician also provides reason to believe that:
(i) The E.M.T., attendant or ambulance service has failed or refused to demonstrate the practical performance competency required of an E.M.T., attendant, or ambulance service; or
(ii) The E.M.T., attendant or ambulance service intentionally misstated or failed to provide any fact that would have resulted in the denial of a certificate or license; or
(iii) Some fact, reason or condition exists that would have resulted in the denial of a certificate or license, whether or not such fact, reason or condition existed at the time of the approval.
(c) The notice of summary suspension shall be issued immediately upon receipt by the Division of the notice described in paragraph (b). Any summary suspension shall become effective immediately upon receipt by the E.M.T., attendant or ambulance service of notice from the Division.
(d) Proceedings consistent with this chapter shall be promptly instituted to determine whether the summary suspension be affirmed as a revocation or suspension, modified as a restriction, vacated or terminated. Upon request by the E.M.T., attendant or ambulance service, the summary suspension may be temporarily stayed pending review. Any request for a temporary stay must include a detailed statement demonstrating that:
(i) There is substantial likelihood that the E.M.T., attendant or ambulance service will prevail on the merits;
(ii) Such relief will not adversely affect the public health, safety or welfare; and
(iii) Another physician has consented to be named as the physician medical director for the E.M.T., attendant or ambulance service.
Section 6. Informal Disposition. Subject to Division approval, a disciplinary proceeding against a Contestee may be settled by informal means at any time. All settlements, agreements, or stipulations, dismissals, and consent orders shall be in writing and entered into the record. Following settlement, the Division shall issue findings and a final order dismissing the case.
Section 7. Appointment of Appeals Panel. The Division shall appoint three (3) persons to serve as an Appeals Panel. Two (2) persons shall be members of the State E.M.S. Advisory Committee and one (1) member shall be an employee of the Division. The Appeals Panel shall conduct the hearing if the Division does not appoint a Hearing Officer to preside over the hearing.
(a) The Division may appoint a Hearing Officer to preside over each contested case. The appointed Hearing Officer shall not have participated in preliminary investigation or case preparation.
(b) The Hearing Officer shall withdraw from the case if he deems himself to be disqualified. The Hearing Officer shall provide a written explanation to the Division before withdrawing.
(c) A party may make a written request for the removal of a Hearing Officer. The request shall be made immediately after the party has reasonable ground to believe that the Hearing Officer is subject to disqualification. The written request shall explain the reasons for the requested disqualification may be accompanied by affidavits. If the Hearing Officer denies the request, he shall issue a written explanation of his denial and enter the explanation into the record. If the Hearing Officer grants the request, the Division shall appoint a new Hearing Officer as soon as possible.
(a) The Hearing Officer shall have all powers necessary to conduct a fair and impartial contested case hearing, including but not limited to the following:
(i) Subpoena witnesses and require the production of books, papers and other evidence relevant or material to the inquiry;
(ii) Provide for and determine the scope of discovery; (iii) Take or cause depositions to be taken:
(iv) Hold pre-hearing conferences;
(v) Preside over and regulate the course of the hearing; (vi) Dispose of procedural requests and similar matters; (vii) Rule upon offers of proof and admit relevant
evidence;
(viii) To examine witnesses;
(ix) Allow parties to submit written briefs; and,
(x) Develop proposed findings of fact and conclusions of law.
Section 10. Discovery. Discovery in a Division disciplinary proceeding shall be governed by W.S. 16-3-107. All records of discovery shall be filed with the Division or its Hearing Officer.
Section 11. Subpoenas. Pursuant to W.S. 16-3-107, the Division or its Hearing Officer may order by subpoena the attendance of witness or require the production of books, papers or other evidence. A Contestee may apply for a subpoena.
(a) At any time before the hearing date, the Hearing Officer may hold a pre-hearing conference to consider simplifying issues, amending the pleadings, clarifying or limiting the evidence, formulating procedures to govern the hearing and any other matters which will aid in the disposition of the case.
(b) An order reflecting the action taken at the pre-hearing conference shall be written and entered into the record. The prehearing order shall control the course of the hearing unless modified to prevent manifest injustice. A party may request a modified order if the order is ambiguous or does not fully cover the issues presented at the pre-hearing conference.
(a) Burden of Proof. The Division bears the burden of proof for all disciplinary proceedings except for proceedings to deny an initial license or certificate.
(b) Admissibility of Evidence. Admissibility is governed by W.S. 16-3-108. Parties shall have the right to present evidence, submit rebuttal evidence, and conduct cross examinations. Irrelevant, immaterial, and unduly repetitious information shall be excluded. All documentary or physical evidence shall be marked as exhibits. The Division's exhibits shall be marked by letters of the alphabet beginning with 'A'. The Contestee's exhibits shall be marked with numbers beginning with '1'.
(c) Objections. The grounds for objections to evidentiary rulings shall be briefly stated. All objections and rulings shall be entered into the record.
(d) Witnesses. A testifying witness shall identify himself by stating his name and address. All witnesses shall stand and be administered the following oath: 'Do you swear (or affirm) to tell the truth, the whole truth, and nothing but the truth.'
(e) Privileged and Confidential Information. The Hearing Officer shall recognize any privilege at law in considering evidence.
(f) Judicial Notice. Judicial notice may be taken of any information in the nature of traditional matters of judicial notice or within the Division's special technical knowledge or files. The Hearing Officer shall notify the parties and provide an opportunity to contest material facts judicially noticed before submitting his proposed findings to the Division.
Section 14. Representation. All parties have a right to represent themselves or be represented by counsel or a duly qualified representative.
(a) To the extent practicable, contested case hearings shall be conducted in accordance with the following procedure:
(i) The Hearing Officer shall conduct the hearing in a closed session pursuant to W.S. 16-4-405 (a)(ii) and (a)(ix) and may sequester witnesses.
(ii) The Hearing Officer shall commence the hearing by calling the docket number and title of the case to be heard. The Hearing Officer may also allow the parties to dispose of preliminary matters. The Hearing Officer shall allow the parties a reasonable time to voir dire the Appeals Panel on the grounds that a member has a conflict of interest or is biased.
(iii) If the Contestee or his representative fails to appear, the Hearing Officer may:
(A) Grant a continuance;
(B) Conduct the proceeding in the absence of the Contestee or his representative;
or,
(C) Declare the Contestee in default and accept all matters in the Complaint as true.
(iv) The Hearing Officer shall administer the oath to all witnesses at the beginning of the hearing or before each witness testifies.
(v) The Hearing Officer may allow all parties to give an opening statement to briefly explain their position and outline the evidence they propose to offer.
(vi) The Hearing Officer may recess the proceedings as appropriate.
(vii) The Division shall present its evidence first, followed by the Contestee. The Division may submit rebuttal evidence. Witnesses may be cross-examined by an opposing party or by the Division.
(viii) No testimony shall be received unless given under oath or affirmation.
(ix) Closing statements shall be made after all evidence has been received with the Division going first followed by the Contestee.
(x) Following the closing statements, the Hearing Officer may dismiss and excuse all witnesses and declare the hearing closed.
(xi) No evidence shall be taken after the hearing unless requested and upon a showing of good cause.
(xii) All parties may submit legal briefs and proposed findings of fact and conclusions of law within twenty (20) days after the transcript is made available. The time limit may be extended upon agreement between the parties and with the approval of the Hearing Officer. The Hearing Officer shall make the transcript available to the parties within ten (10) days after the final day of the contested case proceeding.
(b) All hearings shall be recorded verbatim stenographically or by other appropriate means. Within ten (10) days after the transcript is available, the Hearing Officer may allow all parties to submit written proposed corrections of the transcript pointing out errors that have been made in transcribing the testimony.
(a) The Hearing Officer shall render a recommended decision within ten (10) days after receiving proposed findings from the parties. The Hearing Officer shall send the recommended decision to the Appeals Panel and all parties.
(b) The Appeals Panel shall render a final decision within ten (10) days after receiving the parties written exception but in no event later than twenty (20) days from the date the receipt of the Hearing Officer's recommended decision.
(i) Parties have a reasonable time not to exceed ten (10) days from date of receipt of recommended findings to file exceptions pursuant to W.S. 16-3-109.
(c) The Division shall serve a copy of the final decision upon all parties. The final decision shall include:
(i) A statement of the findings of fact and conclusions of law, separately stated and supported by concise and explicit statements;
(ii) The vote on the decision;
(iii) An explanation of the discipline imposed, in any, including reasons why the type of discipline was chosen.
(a) The record in contested cases shall consist of:
(i) The Complaint or Request for Appeal;
(ii) Formal and informal notices, pleadings, motions, written requests, intermediate rulings or findings;
(iii) Evidence received or considered including matters officially notices;
(iv) Questions and offers of proof, objections and rules;
(v) The transcript of all recorded proceedings;
(vi) Proposed findings and objections; and,
(vii) The Hearing Officer's recommended decision, and the Hearing Panel's final findings of fact, conclusions of law and order.
Section 18. Appeal. Pursuant W.S. 16-3-114 the Division of Hearing Panel's decision may be appealed to the district court.
Section 19. Transcript in Case of Appeal. If the Hearing Panel's decision is appealed to the district court, the appealing party shall pay the reasonable costs of copying the transcripts.
Section 20. Time.
(a) When a time period ends on a Saturday, Sunday or a legal holiday, the time period shall extend to and include the next succeeding day.
(b) For good cause shown, the Hearing Officer may grant extensions or continuances. The Hearing Officer shall balance the interest of the Contestee against the public interest in deciding to grant extensions or continuances.
Section 21. Ex Parte Matters. Unless required for the disposition of ex parte matters authorized by law, the Hearing Officer shall not consult with an individual or party on any matter at issue as allowed in W.S. 16-3-111.