Wyo. Code R. 075-0001-4
Outfitters and Professional Guides, Board of
Chapter 4: Practice and Procedure
Effective Date: 02/22/2017 to Current
Rule Type: Current Rules & Regulations
Reference Number: 075.0001.4.02222017
Section 1. Overview. It is the intent of the Board through these Rules to recognize the difference between an allegation made against a licensee and the need for a formal proceeding. The Board requests the cooperation of all licensees in responding to letters of inquiry dealing with allegations as opposed to responses to formal proceedings. Responses to letters of inquiry are voluntary whereas responses to formal proceedings are mandatory to retain the rights of licensees.
Section 2. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to:
(a) Conduct investigations, hearings, and proceedings concerning: (i) Actions relating to an application for a license, including granting or denying; or (ii) Alleged violations of the Act or the Board Rules. (b) Determine and administer appropriate disciplinary action against an applicant or licensee.
Section 3. Definitions.
(a) "Act" means W.S. 23-2-406 to 23-2-418 (b) "ARC" means application review committee. (c) "Board Rules" means the rules and regulations promulgated by the Wyoming Board of Outfitters and Professional Guides. (d) "DC" means disciplinary committee. (e) For purposes of this chapter, "license" means a license or other authorization issued by the Board.
Section 4. Grounds for Discipline and Denial of License.
(a) Disciplinary Action. The Board may take disciplinary action or refuse to issue or renew a license for one (1) or more of the following acts or conduct: (i) A violation of the Act, including any cause listed in W.S. 23-4-416(a);
(ii) A violation of the Board's Rules, including the Regulatory Provisions listed in Chapter 3; or
(iii) Failing to meet the minimum qualifications outlined in the Act or Board's Rules.
(a) Application Review and Investigation. In application and licensure matters:
(i) Every application for a license issued by the Board is subject to investigation to determine whether the requirements set forth in the Act and Board Rules are satisfied; and
(ii) Every application that reveals information which merits further investigation shall be assigned to the ARC.
(A) Upon completing the investigation, the Board's investigator shall make a written report to the ARC setting forth the facts discovered. The investigator may make a recommendation to the ARC as to the disposition of the application. The ARC is not bound by the investigator's recommendation.
(B) Investigation files of any application review which is pending are confidential and not public record.
(b) Application Review Committee Action. Following investigation, the ARC may:
(i) Recommend a license be issued;
(ii) Recommend approval of a settlement agreement, which may include the issuance of a license with the imposition of a reprimand, conditions, restrictions, other discipline or a combination thereof; or
(iii) Preliminarily deny the application.
(c) Notice of Preliminary Denial.
(i) The ARC shall notify the applicant that it preliminarily denied the application:
(ii) The Notice shall contain:
(A) A brief description of the facts or conduct which warrant the preliminary denial of the application;
(B) A statement of the nature of the actions which warrant the preliminary denial of the application and a citation to the applicable statutory provisions in the Act or the Board Rules; and
(C) Notice of the right to a contested case hearing if a written request is received by the Board office within thirty (30) days of the date of mailing the Notice of Preliminary Denial.
(d) Applicant’s Request for Hearing.
(i) The applicant may request a hearing if the ARC preliminarily denies the application.
(ii) The applicant shall submit a written request for a contested case hearing to the Board office within thirty (30) days of the date of the Notice of Preliminary Denial.
(iii) Failure of the applicant to request a contested case hearing within thirty (30) days of the date of the Notice of Preliminary Denial shall result in a final denial of the application.
(a) Complaint Review and Investigation.
(i) All complaints against an outfitter or professional guide shall be filed with the Board in writing and shall provide at least the following information:
(A) Name and address of licensee;
(B) Name, address and telephone number of complainant;
(C) Nature of alleged violations;
(D) A short and concise statement of facts relating to the alleged violations; and
(E) Signature of complainant.
(ii) Complaints shall be investigated by the DC or the Board staff.
(A) The DC and the Board’s investigator are empowered to conduct a full and complete investigation of a scope necessary to determine whether or not the allegations in the complaint, or any other information discovered during the investigation, are sufficient enough to warrant a formal proceeding.
(B) The DC and Board's investigator may review documents and interview the complainant and other witnesses. The committee shall interview the licensee only if the licensee voluntarily agrees.
(C) Upon completing the investigation, the Board's investigator shall make a written report to the DC setting forth the facts discovered. The investigator may make a recommendation to the DC as to whether there is sufficient evidence to warrant a formal proceeding. The DC is not bound by the investigator's recommendation.
(D) Investigation files of any complaint which is pending are confidential and not public record.
(b) Voluntary Surrender. A licensee may petition the Board in writing to voluntarily surrender their license. The Board shall hold an expedited hearing at its earliest convenience. The Board may accept or reject the petition for voluntary surrender and may consider whether the licensee is under investigation.
(c) Disciplinary Committee Action. Following investigation, the DC may:
(i) Recommend dismissal of the complaint;
(ii) Recommend dismissal with issuance of a notice of warning or advisory letter;
(iii) Recommend approval of a settlement agreement, which may include a reprimand, conditions, restrictions, non-renewal, suspension, voluntary surrender, other discipline or a combination thereof; or
(iv) Recommend disciplinary action which may include a reprimand, conditions, restrictions, non-renewal, suspension, revocation, other discipline or a combination thereof.
(a) Recommendation. If the DC recommends summary suspension, the Board shall conduct an expedited hearing to determine whether the licensee's continued practice presents a clear and imminent danger to public health, safety or welfare.
(b) Notice of Intent to Recommend Summary Suspension.
(i) The DC shall notify the licensee of its intent to recommend summary suspension.
(ii) The Notice of Intent shall contain:
(A) Copy of the complaint;
(B) Notice that a summary suspension hearing shall be set for expedited hearing at the earliest opportunity a quorum of Board members may be assembled; and
(C) Statement that failure to answer to the complaint or appear at the hearing may result in default.
(c) Notice of Expedited Hearing. Upon confirmation of the date and time of the expedited hearing, the DC shall notify the licensee of the date and time of the hearing.
(d) Default. The Board may enter an order of default in any summary suspension where the licensee or the licensee's representative has not provided an answer to the complaint and not appeared at the expedited hearing.
(a) Notice of Intent to Recommend Disciplinary Action.
(i) The DC shall notify the licensee of its intent to recommend disciplinary action.
(ii) The Notice of Intent shall:
(A) Include a brief description of the facts or conduct which warrant the intended action; and
(B) Provide the licensee an opportunity to show compliance or respond to allegations for disciplinary action within fifteen (15) days of the date of the mailing.
(a) A licensee may attend an informal conference with the DC. The licensee may appear either with or without counsel. Notice of the conference shall be mailed at least fifteen (15) days prior to the date of the conference. The purpose of the conference will be to obtain additional information and discuss informal settlement of the matter.
(b) At any time before or after formal disciplinary proceedings have been instituted against a licensee, the committee and the licensee may jointly submit to the Board a proposed consent agreement whereby, in lieu of a formal hearing by the Board, the licensee agrees to accept certain disciplinary actions. If the Board determines that the proposed consent agreement will adequately protect the public welfare, the Board may accept the offer and enter a decision that is consented to by the licensee and incorporates the proposed consent agreement.
Section 10. Petition. The DC shall initiate formal proceedings for disciplinary action by serving a Petition and Notice of Hearing to the licensee by certified mail, by regular mail, by electronic mail to the e-mail address indicated to be the preferred method of communication or by personal service at least thirty (30) days prior to the date set for hearing.
The uniform rules for contested case practice and procedure adopted by the Office of Administrative Hearings shall govern all contested case proceedings.
(a) For any code, standard, rule or regulation incorporated by reference included in these rules:
(i) The Board has determined that incorporation of the full text in these rules would be cumbersome and inefficient given the length and 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 (b) of this section; and
(iii) The incorporated code, standard, rule or regulation is maintained at the Board’s office and is available for public inspection and copying at cost at the same location.
(b) Each rule incorporated by reference is further identified as follows:
(i) Chapter 2 – Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at http://soswy.state.wy.us/Rules/RULES/9644.pdf.
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.