Wyo. Code R. 059-0001-1
Pharmacy, Board of
Chapter 1: Practice & Procedure
Effective Date: 10/28/1994 to 12/08/2000
Rule Type: Superceded Rules & Regulations
Reference Number: 059.0001.1.10281994
Section 1. Authority. These rules are promulgated as authorized by the Act, and pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101, et. seq.
Section 2. Definitions. For the purposes of these regulations, and the Wyoming Pharmacy Act the following definitions shall prevail.
(a) 'Act' means the Wyoming Pharmacy Act, W.S. 33-24-101, et. seq., and the Wyoming Pharmacy Technician Act, W.S. 33-24-301, et. seq.
(b) 'Board' means the Wyoming State Board of Pharmacy.
(c) 'Contestee' means the person, persons, firm or corporations who are licensees by law under the jurisdiction of said Board against whom a proceeding by petition, verified complaint in writing or formal notice, alleging violation directly or indirectly of any of the terms and provisions of the Act or of the lawful Rules and Regulations of the Board or any related acts and resulting lawful rules and regulations (i.e. Controlled Substances Act, 1971).
(d) 'Contested Case' means any proceeding including, but not restricted to, any licensing requirements in which legal rights, duties or privileges of a party are required by law to be determined by the Board after an opportunity for hearing.
(e) 'Executive Director' means the Executive Director of the Board.
(f) 'License' means the whole or part of any Board permit, certificate, approval, registration charter or similar form of permission required by law, but it does not include a license required solely for revenue purposes.
(g) 'Licensing' means the Board process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.
(h) 'Rule' or 'Regulation' means any Board statement of general applicability that implements, interprets and prescribes law or policy.
(i) 'Staff' means the personnel of the Board or Executive Director.
(j) 'State' means the State of Wyoming.
(k) 'State Board', as used in W.S. 33-24-136(b), shall mean the state boards of medicine, dental examiners, nursing, podiatry, optometry and veterinary medicine of the State of Wyoming and their similar counterpart boards of any of the states of the United States of America.
Section 3. Contests. The Executive Director shall cause a full and complete investigation of all complaints of alleged violations of such gravity as would warrant formal action by the Board, if probable cause is found as to the existence of such violations.
Upon the completion of such investigation, which shall be conducted without participation by any Board member, the Executive Director shall file a formal action complaint if deemed appropriate. The complaint shall set forth in writing the alleged acts or omissions of acts in violation of the Act of any rules, regulations or orders promulgated thereunder and by authority thereof.
The person designated by the Office of the Attorney General as attorney for the Board shall assist in the preparation of the complaint and notice as provided for under these Rules.
Section 4. Notice_and_Complaint. When the Executive Director desires to file a formal complaint, it shall be prepared and filed with the Board, verified in writing, setting forth:
(a) The name and address of each contestee.
(b) The time, place and nature of the hearing.
(c) The legal authority under which the hearing is to be held.
(d) A statement, in ordinary and concise language, of the facts upon which the complaint is based, including, when applicable, particular reference to the statutes and rules, regulations or orders that have allegedly been violated.
(e) At any time prior to the date set for hearing, the Executive Director may amend the original complaint to include a more definite and detailed statement of the facts and matter asserted.
Section 5. Service_of_Notice. Notice shall be served by mail at least twenty (20) days prior to the date set for hearing. Notice shall be sent by certified or registered mail with return receipt thereof to the contestees' last known address.