Wyo. Code R. 075-0001-4
Outfitters and Professional Guides, Board of
Chapter 4: Practice and Procedure
Effective Date: 01/23/1996 to 09/10/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 075.0001.4.01231996
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. The Board shall attempt to keep all allegations confidential, as well as all formal proceedings until the Board enters a final decision in the matter. All allegations and documented information received by the Board shall be classified as investigatory information until the matter is heard and resolved.
Section 2. Complaints. 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.
Section 3. Review of Complaint.
(a) Upon receiving a complaint or other documenting information, a letter of inquiry may be sent to the outfitter or professional guide named, requesting a voluntary response to the complaint or other documenting information within twenty (20) days of the mailing date. The Board shall review the complaint to make one of the following determinations:
(i) That the complaint does not warrant further action by the Board, and so advise both the complainant and the outfitter or professional guide named that the matter has been dismissed;
(ii) That further investigation is warranted.
(b) If the Board deems further investigation is warranted, a committee of one or two Board members, appointed by the Chairman of the Board, shall participate in the investigation and make recommendations to the Board concerning its findings.
(c) Following review and investigation of a complaint, the committee may take any appropriate action, including:
(i) File a formal complaint with the Board on its own behalf and setting the matter for formal disciplinary proceedings;
(ii) Recommend to the Board that a letter of warning be issued;
(iii) Recommend to the Board that the complaint be dismissed.
(d) The Board may resolve any complaint at any time by:
(i) Sending a written letter of warning to an outfitter or professional guide;
(ii) Accepting a voluntary surrender of a license;
(iii) Accepting terms for a conditional license;
(iv) Dispensing with it in an informal manner; or
(v) Dismissal.
(a) The Chairman may select one or two members of the Board to work with the Board investigator in investigating the complaint to comprise a committee.
(b) The committee is empowered to conduct a full and complete investigation of a scope necessary to determine whether or not the allegations in the complaint are sufficient enough to warrant a formal proceeding.
(c) The committee may review documents and interview the complainant and other witnesses. The committee shall interview the licensee only if the licensee voluntarily agrees.
(a) Upon completing the investigation, the Board's investigator shall make a written report to the full committee setting forth the facts discovered. The investigator may make a recommendation to the full committee as to whether there is sufficient evidence to warrant a formal proceeding. The committee is not bound by the investigator's recommendation.
(b) The investigator's report should be submitted to the full committee within ninety (90) days of appointment of the investigator.
(c) Investigation files of any complaint which is pending are confidential and not public record.
(a) Upon notification of the findings of an investigation, a licensee may attend an informal compliance conference with the committee. The licensee may appear either with or without counsel. Notice of the compliance conference shall be mailed at least fifteen (15) days prior to the date of the conference. The purpose of the compliance conference will be to discuss informal settlement of the investigative matter.
(b) After review of the investigation and the informal compliance conference, the committee shall proceed pursuant to Section 3 (c) as set forth in this Chapter.
(c) At any time before or after formal disciplinary proceedings have been instituted against a licensee, the licensee may submit to the Board an offer of settlement whereby, in lieu of formal disciplinary action by the Board, the licensee agrees to accept certain disciplinary actions. If the Board determines that the proposed settlement 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 settlement.
Board disciplinary action against a licensee shall be commenced by notice issued by the Board with an attached copy of a formal complaint, served in person or by certified mail, to the address last known to the Board. Notice of a formal disciplinary hearing shall be given at least thirty (30) days prior to the date set forth for the hearing. The notice and formal complaint shall set forth the following information:
(a) Statement of time, place and nature of hearing;
(b) Statement of legal authority and jurisdiction pursuant to which the hearing is being held;
(c) Statement giving reference to particular sections of the involved law;
(d) 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; and
(e) That failure to respond to the complaint within twenty (20) days of its service may result in default.
Section 8. Default. The Board may enter an order based on the allegations of a complaint in any case where the licensee has not responded within twenty (20) days of the date of service of the notice and complaint, or in any case in which the licensee or the licensee's representative has not appeared at a scheduled hearing of which the licensee had notice.
Section 9. Motions. All motions made to the Board shall be made in writing five (5) days prior to the date set for 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, the case shall be assigned a number and entered upon a docket provided for such purpose by the Board.
(b) There shall be established a separate file for each docketed case, in which shall be systematically placed all papers, pleadings, documents, transcripts, evidence and exhibits pertaining thereto, and all such items shall have noted thereon the docket number assigned and the date of filing.
Section 11. Hearing Officer. The Board may appoint or hire a hearing officer to take evidence at the hearing. A Board member may be the hearing officer. If the case is heard before the Board, the Chairman may preside.
(a) In all formal proceedings before the Board, discovery shall be afforded in accordance with the Wyoming Administrative Procedure Act and the Wyoming Rules of Civil Procedure as may be applicable and not inconsistent with these Rules.
(b) Requests for discovery from the Board shall be made in writing and directed to the hearing officer.
(a) The Board or its hearing officer may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths.
(b) Any party desiring the Board or its hearing officer to issue a subpoena to compel the appearance of a witness at any hearing shall make application.
(c) The affixing of the seal of the Board and the signature of the official custodian of the Board's records shall be sufficient attestation of the same.
(d) Service of a subpoena shall be made at the expense of the party applying for it and shall be made in the manner provided by law for service of subpoenas in civil actions.
(a) All persons testifying at any hearing before the Board shall stand and be administered a standard oath.
(b) The party calling a witness shall bear the costs associated with the witness' appearance.
(a) Any licensee may represent himself or be represented by an attorney, provided that such counsel is licensed to practice law in this State, or is associated at the hearing with an attorney licensed to practice law in this State.
(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 set forth in the notice and complaint.
Section 16. Order of Procedure. As nearly as may be practicable hearings will be conducted in accordance with the following order of procedure:
(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 licensee, and shall note for the record all subpoenas issued and all appearances of record, including licensee and counsel. The reading of this information may be waived.
(b) Opening statements may be made by each of the parties. The time allowed for oral argument may be limited by the presiding officer.
(c) The attorney or representative of the State shall then present all evidence in support of the complaint. Witnesses may be cross-examined by the licensee or the attorney. All exhibits offered by the State shall be marked by letters of the alphabet beginning with 'A'.
(d) The licensee shall be heard in the same manner. Any exhibits presented by the licensee shall be marked numerically beginning with "1".
(e) The Board and presiding officer shall retain the right and opportunity to examine any witness upon the conclusion of all testimony offered by the witness.
(f) At the conclusion of the evidence, closing statements may be made by each of the parties. The time allowed for these statements may be limited by the presiding officer.
(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 desire to tender written briefs to the Board may do so. The Board or presiding officer may require written briefs. The presiding officer shall take the case under advisement and shall declare that the decision of the Board shall be announced within due and proper time following consideration of all of the matters presented at the hearing.
Section 17. Decision and Order. The Board shall, following the hearing, make and enter a written decision and order containing findings of fact, conclusions of law, and order, stated separately.
(a) The decision and order shall be sent by certified mail to the licensee and the licensee's attorney of record.
(b) This rule does not preclude the Board from giving preliminary, nonbinding notice to the parties prior to the issuance 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 date of issuance of the written decision and order.
Section 18. Record of Proceedings.
(a) When the denial, revocation, or suspension of any license is the subject for hearing, it shall be regarded as a contested case and the proceedings, including all testimony, shall be reported verbatim by a court reporter or other competent means. If the transcript is prepared at the request of a party, the cost of the transcript shall be paid by the party making the request, unless the Board for good cause shown waives assessment of such costs.
(b) The Board records in a contested case shall include the following:
(i) All pleadings, motions, interlocutory rulings;
(ii) Evidence received or considered;
(iii) Statement of matters officially noticed;
(iv) Objections and offers of proof and rulings thereon;
(v) Proposed findings and exceptions;
(vi) All staff memoranda, other than privileged communications, of date submitted to the Board.
(a) Appeals from decisions of the Board are governed by the Wyoming Administrative Procedures 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.
Section 20. Applicability of the Rules of Civil Procedure. The Wyoming Rules of Civil Procedure, insofar as they may be applicable and not inconsistent with the laws of this State and these Rules, shall apply in cases before the Board.