Wyo. Code R. 048-0077-8
Mental Health and Substance Use Disorder Services
Effective Date: 09/18/2024 to Current
Rule Type: Current Rules & Regulations
Reference Number: 048.0077.8.09182024
(a) This chapter governs the administrative hearing procedures of the Department with respect to behavioral health services.
(b) The Department may issue manuals, bulletins, or policies to interpret this Chapter. Such manuals, bulletins, or policies shall be consistent with and reflect the rules contained in this Chapter. The provisions contained in manuals, bulletins, or policies shall be subordinate to this Chapter.
(a) Individuals seeking services and clients. The Department shall provide notice at the time of any adverse action. The notice shall include:
(b) Providers. The Department shall notify a provider of the right to a hearing. The notice shall include:
(v) The effective date of the intended action; (vi) The reasons for the intended action; (vii) The specific regulations that support that action.
(a) A client or individual seeking services may request an administrative hearing. The request must be made in writing within ten (10) calendar days after the date of the determination letter. The request must be submitted via certified mail to the Wyoming Department of Health, Behavioral Health Division, Mental Health and Substance Use Disorder Services Section.
(b) A provider has the right to a hearing regarding an adverse action. The request must be made in writing ten (10) calendar days after the date of the determination letter. The request must be submitted via certified mail to the Wyoming Department of Health, Behavioral Health Division, Mental Health and Substance Use Disorder Services Section.
(c) Upon receipt of a request for an administrative hearing, the Department may pursue an informal conference within five (5) business days.
(d) Upon receipt of a request for an administrative hearing, the Department shall transmit the administrative hearing request to the Office of Administrative Hearings. The hearing shall be conducted in accordance with Rules, Office of Administrative Hearings, General Agency, Board of Commission Rules, Chapter 2, Section 6 (2017), incorporated herein by reference.
Section 4. Maintaining Services Pending Appeal. The Department may not terminate or reduce services until the final decision is rendered after the hearing.
Section 5. Timing of Hearing. A hearing shall be held within forty (40) calendar days from the date of the request for hearing unless otherwise provided by law.
(a) The hearing officer shall make proposed findings of fact and conclusions of law within thirty (30) calendar days of the close of the hearing and forward them to the Director of the Department for the final decision. This time may be extended if the parties or other interested persons are to submit briefs; but may not be extended by more than ten (10) business days, unless the parties stipulate, in writing or on the record at the hearing, to a later date.
(i) Within ten (10) business days of the close of the hearing, or such additional time as the hearing officer may allow, each party shall be allowed to file with the hearing officer any proposed findings of fact and conclusions of law, together with a supporting brief. Such proposals and briefs shall be served on all parties.
(ii) Within ten (10) business days after the issuance of the hearing officer's proposed findings of fact and conclusions of law, any of the parties may submit exceptions. Such exceptions shall be filed with the Director of the Department and served on all parties.
(b) Within ten (10) business days after the period for submitting exceptions, the Director of the Department shall make and enter into the record the final decision. The final decision shall be served on all parties to the proceedings.
Section 7. Appeals. Appeals from a final decision of the Department shall be in accordance with W.S. §§ 16-3-114 through 16-2-115, and Rule 12 of the Wyoming Rules of Appellate Procedure.
(a) When a contested case is set for hearing, the Office of Administrative Hearings shall assign a docket number to the case and enter the case with its number and date of filing on a docket. The Department shall maintain a separate file for each docketed case in which all pleadings, transcriptions, correspondence, papers, and exhibits for that case shall be maintained. All items shall have noted thereon the assigned docket number and the date of filing.
(b) All contested case hearing proceedings shall be recorded, electronically, through the use of a qualified court reporter, or any other appropriate means determined by the Department or the hearing officer. Transcriptions of oral proceedings or written transcripts of a witness's testimony may be obtained by the contestant from the Department upon payment of cost.
(i) In a nonpublic investigatory proceeding, requests for copies or transcripts may be limited to testimony of the requesting party.
(ii) Where a contestant can demonstrate indigence and cannot effectively perfect the appeal without a transcript, the Department may waive the payment of the fee.
(c) A stipulation resolving the matter shall not be part of the record unless otherwise agreed by the parties.
(a) For any code, standard, rule, or regulation incorporated by reference in these Rules:
(i) The Department has determined that incorporation of the full text in these Rules would be cumbersome or inefficient given the length or nature of these Rules;
(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this Section; and (iii) The incorporated code, standard, rule, or regulation may be found at https://health.wyo.gov/behavioralhealth/mhsa and is maintained and made available by the Department for public inspection and copying at cost at the same location.
(b) The Department incorporates the following codes, standards, rules, and regulations into these Rules by reference. These incorporated references are identified as:
(i) Referenced above is Rules, Office of Administrative Hearings, General Agency, Board of Commission Rules, Chapter 2 (2017), also known as the Uniform Rules for Contested Case Practice and Procedure adopted by the Office of Administrative Hearings, effective July 20, 2017, and found at: https://health.wyo.gov/behavioralhealth/mhsa/about-us/rules-and-regulations/.