Athletic Training, Board of

Athletic Training, Board of

Chapter 9: Complaints: Practice and Procedure

Effective Date: 04/16/2020 to Current

Rule Type: Current Rules & Regulations

Reference Number: 065.0001.9.04162020

Chapter 9

Complaints: Practice and Procedure

Section 1. Complaints. All complaints shall be filed with the Board in writing and shall contain:

1. (a) Name and address of licensee;
2. (b) Name, address and telephone number of complainant;
3. (c) Nature of alleged violations;
4. (d) A short and concise statement of facts relating to the alleged violations; and
5. (e) Signature of complaint.

Section 2. Investigation.

(a) The Board shall assign an investigation committee comprised of one (1) Board member or other individuals with assistance from a representative of the Attorney General's Office.

(b) Upon completion of the investigation, the committee may:

(i) Prepare and file a formal notice and complaint with the Board, setting the matter for a contested case hearing; or

(ii) Recommend to the Board that the complaint be dismissed.

(c) The Board may resolve a complaint at any time by:

1. (i) Sending a written letter of reprimand/warning to the licensee;
2. (ii) Accepting a voluntary surrender of a license or certification;
3. (iii) Accepting conditional terms for settlement; or
4. (iv) Dismissal.

Section 3. Service of Notice and Formal Complaint. Notice and Complaint shall be sent by certified or registered mail with return receipt thereof to the licensee's last known address on file with the Board. It is the licensee's responsibility to update their address with the Board.

Section 4. Answer or Appearance. The licensee shall file an Answer to the Notice and Complaint within twenty (20) calendar days of receipt of the Notice and Complaint or within twenty five (25) days from the date that the Notice and Complaint was mailed to the licensee,

whichever is longer. The Answer shall contain specific responses and defenses to the allegations in the Notice and Complaint.

Section 5. Default in Licensee Answering or Appearing. In the event of the failure of a licensee to file an answer within the time allowed or otherwise appear at any schedule hearing, a default may be entered and the allegations as set forth in the Notice and Complaint shall be taken as true and an Order of the Board entered accordingly.

Section 6. Contested Case Process. The Board hereby incorporates by reference the following uniform rules outlining the entire contested case process and practice that will be followed:

(a) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at: http://athletictraing.wyo.gov.

(b) For these rules incorporated by reference:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the 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 (a) of this section; and

(iii) The incorporated rules are maintained at the Board’s office and is available for public inspection and copying at cost at the same location.

Section 7. Appeals to District Court. Appeals from Board decisions shall be taken to the district court having jurisdiction and proper venue in accordance with applicable statutes and the Wyoming Rules of Appellate Procedure.