Wyo. Code R. 056-0001-7
Optometry, Board of Examiners in
Chapter 7: Handling of Complaints Against Licensees and Deficient Applications
Effective Date: 01/18/2005 to 07/15/2005
Rule Type: Superceded Rules & Regulations
Reference Number: 056.0001.7.01182005
(a) Any complaint made against a licensee shall be made in writing on a complaint form provided by the board, signed by the complainant and should include the following information:
(i) Name, address, place of employment and position of the individual believed to have violated the Board's Practice Act or its 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 other relevant information which substantiates an infraction of the Board's Practice Act or its rules and regulations.
(iii) The names, addresses and phone numbers of other witnesses, if available.
(iv) The written and verbal statements of other witnesses, if available.
(v) The signature and address and phone number of the persons making the complaint.
(b) Any member of the public or the profession, or any federal, state, or local official may file a complaint with the Board.
(c) Each complaint received shall be acknowledged in writing by the board's staff and the board's staff shall notify the complainant of the ultimate disposition of the complaint.
(a) The Board President shall assign a complaint to an investigative committee which shall consist of at least one Board member to investigate the allegations made in the complaint and determine if the allegations are substantiated.
(b) Upon completion of the investigation, the investigative committee may:
(i) File a formal Petition and Complaint and Notice of Hearing, in conjunction with its assigned prosecuting attorney of the Attorney General's Office.
(ii) Recommend the Board dismiss the complaint; or
(iii) Recommend the Board approve any settlement agreement reached between the licensee and the investigative committee.
(a) The Board may resolve a complaint by any of the following actions:
(i) Hearing the matter in a contested case proceeding.
(ii) Dismissing the complaint.
(iii) Approving any settlement agreement reached between the licensee and the investigative committee.
(a) The Board President shall assign any application which appears deficient or problematic to an application review subcommittee, which shall consist of at least one Board member to investigate the problems or deficiencies with the application and determine if problems or deficiencies are substantiated and if the problems or deficiencies should preclude licensure.
(b) Upon completion of the investigation, the application review subcommittee may:
(i) Recommend the board preliminarily deny the application.
(ii) Recommend the Board issue a license; or
(iii) Recommend the Board approve any settlement agreement reached between the applicant and the application review subcommittee.
(A) If the Board preliminarily denies the application, notice of the board's preliminary denial shall be sent by letter to the applicant's last known address, certified, return receipt requested, and the applicant shall have thirty (30) days to request, in writing, a formal contested case proceeding before the board on the denial of his/her application before the board's preliminary denial is deemed final.
(a) The Board may resolve a deficient or problematic application by any of the following actions:
(i) Preliminary denying the application and providing the applicant notice that he/she has thirty (30) days in which to request, in writing, a contested case hearing on the preliminary denial.
(ii) Hearing the matter in a contested case proceeding.
(iii) Issuing the license.
(iv) Approving any settlement agreement reached between the applicant and the application review subcommittee.