Wyo. Code R. 054-0002-8
General
Chapter 8: Practice and Procedure
Effective Date: 03/16/1998 to 11/30/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 054.0002.8.03161998
These rules and regulations are adopted to implement the board's authority to conduct investigations, hearings and proceedings concerning alleged violations, and to determine and administer appropriate disciplinary action against advanced practitioners of nursing, registered professional nurses, licensed practical nurses, and certified nursing assistants/nurse aides for proven violations.
(a) The board shall comply with court orders issued pursuant to WS 20-6-112(a), pertaining to an applicant, a temporary permit holder, a licensee, and/or a certificate holder who is in arrears in his/her child support payments.
(a) Any complaint made against an advanced practitioner of nursing, registered professional nurse, licensed practical nurse, or a nursing assistant/nurse aide shall be made in writing and should provide at least the following information:
(i) Name, address, place of employment and position of the individual believed to have violated the Nursing Practice Act or board rules and regulations;
(ii) The nature of the complaint and a description of the incident(s) involved, including date(s), time(s), and location(s), and any observed behavior of the individual;
(iii) The name and address of other witnesses, if available;
(iv) The statements of other witnesses, if available; and
(v) The signature and address of the person or persons making the complaint.
(a) A committee of two (2) board members, appointed on a rotat- ing basis by the president of the board, shall review each complaint and where necessary, direct further investigation.
(b) Upon completion of the investigation, the committee may:
(i) Prepare and file a formal complaint and notice of hearing with the board;
(ii) Recommend to the Board that a written notice of warning be issued;
(iii) Recommend to the Board that a written reprimand be issued;
(iv) Recommend to the board the complaint be dismissed;
(v) Recommend to the board a settlement of the matter;
(c) The Board may resolve a complaint at any time by:
(i) Sending a written notice of warning;
(ii) Sending a written letter of reprimand;
(iii) Accepting a voluntary surrender of a temporary permit, license, recognition, or certificate;
(iv) Accepting conditional terms for settlement;
(v) Dismissing the complaint because of lack of evidence; and
(vi) Setting the matter for a contested case hearing.
(d) Committee members shall not take part in the consideration or deliberation of any contested case in which they have participated in or directed the investigation.
(e) Members of the Committee shall not be barred from attending a contested case hearing.
Section 5. Service of Notice and Opportunity to Show Compliance.
(a) Prior to commencing formal proceedings to discipline a lic- ensee or certificate holder, the Board shall give notice by mail to the licensee/certificate holder of the facts or conduct which warrant the intended action.
(b) The notice shall give the licensee/certificate holder an opportunity to show compliance with all lawful requirements for retention of the license or certificate by written response to the board within 10 days of receipt of the notice.
(c) The notice shall be mailed to the licensee's or certificate holder's last known address.
(a) Notice and Complaint shall be served by mail or personal service at least twenty (20) days prior to the date set for hearing to the last known address provided to the board by the licensee or certificate holder.
(b) There shall be a presumption of lawful service when the notice and complaint are:
(i) Sent to the last known address of the respondent by regular, registered, or certified mail; or
(ii) Returned, when sent to the last known address of the respondent, marked undelivered, unclaimed, or refused.
Formal proceedings for board disciplinary action on a license shall be commenced by notice issued by the board, served in person or by certified mail.
(a) Notice shall contain at least:
(i) The name and address of the respondent;
(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 statutory provision(s) of the board rules and regulations involved;
(iii) The time, place, and nature of the hearing;
(iv) That the hearing is being held pursuant to the board's authority under W.S. 33-21-122(c) (vii);
(v) That failure to respond to the complaint within twenty (20) days of its receipt may result in default.
(b) Service on the respondent shall be deemed complete and effective if the document to be served is sent by certified mail to the respondent at the last known address provided to the board by the respondent.
The board may enter an order based on the allegations of a complaint in any case where the respondent has not responded within twenty (20) days of the date of notification of the complaint, or in any case in which the respondent or the respondent's representative has not appeared at a scheduled hearing of which the respondent had notice.
All motions made to the board shall be made in writing ten (10) days prior to the date set for the 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.
(a) When formal proceedings are initiated and notice has been afforded by the executive director, the case shall be assigned a number and entered upon a docket provided for such purpose.
(b) The executive director shall establish a separate file for each docketed case, in which shall be systematically placed all papers, pleading, documents, transcripts, evidence, and exhibits pertaining thereto, and all such items shall have noted thereon the docket number assigned, and the date of filing.
(a) In all formal proceedings before the board, discovery shall be afforded in accordance with Section 16-3-107(g)(h) of the Wyoming Administrative Procedure Act.
(b) Requests for discovery from the board shall be made in writing and directed to the executive director or the presiding officer designated to hear the case.
(a) The issuance and enforcement of subpoenas is governed by Section 16-3-107(d)(e)(f) of the Wyoming Administrative Procedure Act.
(b) Subpoenas for appearance or to produce books, papers, documents, or exhibits may be issued by the executive director or the presiding officer designated to hear the case, upon receipt of the written application for same by any party to the case:
(i) Written requests for subpoenas shall describe, with particularity, the materials requested for production.
(c) The party requesting the issuance of a subpoena shall bear the costs of such issuance to the extent and in the same manner as those fees are paid in the District Court of the State of Wyoming.
(a) All persons testifying at a hearing before the board shall stand and be administered a standard oath.
(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.
(a) Any respondent may represent themselves 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 licensed to practice law in the State of Wyoming.
(b) A request for withdrawal from representation shall be made by the attorney in writing to the board.
(c) In any case before the board, an appearance in person or the filing of an answer shall constitute an appearance of record by an attorney.
(d) A representative of the Attorney General’s office shall present to the board all matters enumerated and described in the notice.
(e) The board shall request the Attorney General or the designated representative to be present and advise the board in conducting the hearing.
As nearly as practicable, the order of procedure at any hearing before the board shall be as follows:
(a) The presiding 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 presiding officer shall direct the reading into the record of the notice given, and the complaint, together with appearance in the form of answers or other appearance made by the respondent, and shall note for the record all subpoenas issued and all appearances of record, including respondent and counsel;
(b) Opening statement may be made by each of the parties. The time allowed for oral argument may be limited by the presiding officer;
(c) The counsel or representative of the board, shall thereupon proceed to present the evidence in support of the complaint. Witnesses may be cross-examined by the respondent or the respondent's counsel. All exhibits offered by and on behalf of the complaint shall be marked by letters of the alphabet beginning with 'A';
(d) The respondent shall, in order of the answers or appearance made, be heard in the same manner as the evidence, witnesses, and exhibits were heard and presented in support of the complaint, and may be cross-examined by the counsel or representative of the board. The respondent's exhibits shall be marked separately so as to identify the respondent, commencing with the numeral '1';
(e) Rebuttal evidence may be allowed within the discretion of the presiding officer;
(f) Closing statements may be made by the representative of the board and by the respondent or the respondent's counsel at the conclusion of the presentation of evidence. No rebuttal statement may be made by any of the parties to the proceeding;
(g) After all proceedings have been concluded, the presiding officer shall dismiss and excuse all witnesses, and declare the hearing closed. Any party who may wish to present written briefs of law to the board may do so, and the presiding officer may request written briefs of law for the board. The board shall take the case under advisement and shall inform the respondent that the decision shall be announced within due and proper time following consideration of all matters presented at the hearing.
The board shall, following a hearing, make and enter a written decision and order containing findings of fact and conclusions of law, stated separately.
(a) The decision and order shall be sent by certified mail to the respondent and the respondent's attorneys of record.
(b) This rule does not preclude the board from giving preliminary, non-binding notice to the parties prior to the filing of the board's written decision and order.
(c) Unless otherwise ordered by the board, all decisions of the board shall be effective as of the time of the filing of the written decision and order.
In a contested case, the proceedings, including all testimony, shall be reported verbatim by a competent reporter or by other methods deemed sufficient by the board. Such other methods may include the use of tape recorders.
In the event, a recognition, license or certificate is conditioned, revoked or suspended, the recognition, license or certificate shall be surrendered to the board.
(a) Appeals from decisions of the board are governed by Section 16-3-114 W.S. 1977 of the Wyoming Administrative Procedure Act, and the Wyoming Rules of Appellate Procedure.
(b) Costs of transcripts and any reasonable costs assessed by the board regarding the record on appeal shall be borne by the party making the appeal.