Wyo. Code R. 049-0029-4
Providers of Substitute Care Services, Certification of
Chapter 4: Fair Hearings
Effective Date: 07/10/1990 to 09/11/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0029.4.07101990
Section 1. Rules. Procedures to be used for the conduct of fair hearings will be those filed by the Department and used in all hearings conducted by the Department. These rules will be mailed to the provider requesting a fair hearing upon receipt of the hearing request.
(a) An action against a certificate begins with a clear and informative notice stating the violations, and ends with a process for review in an administrative hearing which could eventually be heard in a court of law.
(b) Administrative hearings provide swifter, simpler, and less expensive means for redress against the complaint than is possible through the court, while also protecting the provider's right to due process of law.
(c) The purpose of the hearing is to decide whether the findings of the violation are accurate, and whether the action which was taken was justified by facts in the case. The certification agency presents evidence in support of the action taken. Thereafter, the provider presents evidence to attempt to show that the action was not justified by the facts as they existed when a decision was made.
(a) Any provider may appear and be represented by an attorney. The provider may appear on his/her own behalf, or appearance may be made by a bona fide employee, or officer of the provider. The provider has the right to bring up facts not evaluated by the certifier, or he may present a new interpretation of facts.
(b) All parties must be given opportunity to respond to, and to present evidence and argument on all issues involved. The parties may conduct cross examinations required for a full disclosure of the facts.
(c) The provider and DFS are permitted to bring to the hearing any witnesses or representatives.
(d) if the provider is represented by an attorney, DFS will request representation by the Attorney General's office. If the provider is not represented by an attorney, then the OFS case will be presented by a designated DFS staff person.
(a) Any person or his representative may make a request to the Department, either orally or in writing, for a hearing in a contested case. Any hearing request made orally shall
be reduced to writing by the Department and entered in the contestant's record.
(b) The request shall contain at least:
(i) Name, address and telephone number of the person requesting the hearing;
(ii) The reason for the request, including the nature of the action, order or determination being contested.
(c) The request shall be directed to the Department within thirty (30) calendar days of the date of the action that is the basis of the contested case.
(i) The Department shall review the request and, within thirty (30) calendar days of receipt of the request:
(A) Notify the requesting party that a determination in his favor has been made and specify the action to be taken by the agency; or
(B) Give notice to the requesting party that a hearing will be held; or
(C) Notify the requesting party of the denial of a hearing as requested and the reasons for the denial. A hearing may be denied if the request for a hearing does not meet the definition of a contested case. A denial of a request for a hearing is a final decision of the Department which may be appealed to the district court pursuant to the Wyoming Administrative Procedure Act.