Wyo. Code R. 075-0001-4
Outfitters and Professional Guides, Board of
Chapter 4: Practice and Procedure
Effective Date: 04/21/2016 to 02/22/2017
Rule Type: Superceded Rules & Regulations
Reference Number: 075.0001.4.04212016
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. 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:
Section 3. Review of Complaint.
(a) Upon receiving a complaint or other documenting information 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 including 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. At this time both parties will be notified of the action taken by the Board.
(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) 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) 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.
(a) 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.