Wyo. Code R. 078-0001-17
Effective Date: 07/26/2019 to Current
Rule Type: Current Rules & Regulations
Reference Number: 078.0001.17.07262019
Section 1. Statement of Purpose. These rules are adopted to implement the Board's authority to:
investigation to determine whether the requirements set forth in the Act and Board rules are satisfied; and
(iii) The ARC may meet informally with the applicant.
(c) Application Review Committee Action. The ARC may recommend:
(i) A license be issued, renewed, reactivated, or reinstated;
(ii) A license be issued, renewed, reactivated, or reinstated subject to conditions, restrictions, or other disciplinary action;
(iii) Approval of a settlement agreement, which may include the issuance, renewal, reactivation, or reinstatement of a license with the imposition of a reprimand, conditions, restrictions, suspension, other discipline or a combination thereof; or
(iv) Denial of the application.
(d) Notice of Intent to Recommend Issuance of License Subject to Conditions, Restrictions, Other Disciplinary Action or Denial of an Application.
(i) The ARC shall notify the applicant of its intent to recommend:
(A) Issuance of the license subject to conditions, restrictions, or other disciplinary action; or
(B) Denial of the application.
(ii) The Notice of Intent shall contain:
(A) A brief description of the facts or conduct which warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action;
(B) A statement of the nature of the actions which warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action and a citation to the applicable statutory provisions in the Act and/or the Board rules; and
(C) Notice of the right to a hearing if a written request is received by the Board office within thirty (30) days of the date of mailing the Notice of Intent.
(e) Applicant’s Request for Hearing.
(i) The applicant may request a hearing if the ARC recommends:
(A) Approval of the license subject to conditions, restrictions, or other disciplinary action; or
(B) Denial of the application.
(ii) The applicant shall submit a written request for hearing to the Board office within thirty (30) days of the date of the Notice of Intent.
(iii) Failure of the applicant to request a hearing or pursue proceedings related to the application after requesting a hearing may result in dismissal of their application.
(a) Petition for Modification of Conditions or Restrictions.
(i) A licensee may petition the Board for modification of the conditions or restrictions imposed upon their license.
(ii) A licensee shall submit a petition for modification to the Board office in writing, which shall include documentation demonstrating compliance with the Board order and the modification is sufficient to ensure the public is adequately protected.
(iii) A petition for modification shall be reviewed by the DC.
(b) Disciplinary Committee Action.
(i) If the DC agrees with the requested modification, the parties may file a stipulated motion with the Board.
(ii) If the DC does not agree with the requested modification, the DC shall notify the licensee of its intent to recommend denial of the petition.
(c) Board Consideration. The Board may accept or reject the petition for modification and shall consider the petition and the DC’s recommendation or stipulated motion.
(a) Complaint Review and Investigation.
(i) Complaints shall be submitted to the Board upon the form provided by the Board. Board staff may initiate complaints.
(ii) Complaints shall be investigated by the DC, Board staff, and/or investigators.
(iii) DC may meet informally with the licensee.
(b) Voluntary Surrender. A licensee may petition the Board, in writing, to voluntarily surrender their license. The Board shall hold an expedited meeting at its earliest convenience to consider the petition. The Board may accept or reject the petition for voluntary surrender and may consider whether the licensee is under investigation.
(c) Disciplinary Committee Action. The DC may recommend:
(i) Dismissal of the complaint; (ii) Issuance of an advisory letter; (iii) Issuance of a notice of warning; (iv) Approval of a settlement agreement, which may include a reprimand, conditions, restrictions, non-renewal, suspension, voluntary surrender, other discipline or a combination thereof; (v) Disciplinary action which may include a reprimand, conditions, restrictions, non-renewal, suspension, revocation, other discipline or a combination thereof; and/or (vi) Summary suspension.
(a) Recommendation. If the DC recommends summary suspension, the Board shall conduct an expedited meeting to determine whether public health, safety or welfare imperatively requires emergency action.
(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 an expedited summary suspension meeting shall be set at the earliest opportunity a quorum of Board members may be assembled; and
(C) Statement that failure to appear at the meeting may result in default.
(c) Notice of Expedited Meeting. Board staff shall notify the licensee in writing of the date and time of the expedited summary suspension meeting.
(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.
(b) Informal Conference. The licensee may request an informal conference with the DC to provide any additional information or to resolve an administrative complaint without a hearing.
Section 8. Petition. The DC shall initiate formal proceedings for disciplinary action by serving a Petition to the last known address of the licensee by regular mail at least thirty (30) days prior to the date set for hearing.
(a) Hearing. Upon receipt of a written request for hearing from an applicant or commencement of formal proceedings for disciplinary action against a licensee, the Board shall conduct a hearing. Board staff shall serve a Notice of Hearing on the applicant or licensee.
(b) Notice of Hearing. The Notice of Hearing shall contain:
(i) The name and last known address of the applicant or licensee;
(ii) A brief statement of the matters asserted:
(A) In application matters, the recommendation to deny the application, the facts upon which the recommendation to deny is based, the statutory provisions and/or the Board Rules the applicant is alleged to have violated; or
(B) In discipline matters, the nature of the Petition, the facts upon which the Petition is based, the statutory provisions and/or the Board Rules the licensee is alleged to have violated;
(iii) The time, place, and nature of the hearing;
(iv) The legal authority and jurisdiction; and
(v) A statement indicating:
(A) The applicant’s failure to appear at a noticed hearing or pursue proceedings may result in a dismissal; or
(B) The licensee’s failure to answer the allegations contained in the Petition within twenty (20) days of the date of mailing and failure to appear at a noticed hearing may result in a default judgment.
Section 10. Lawful Service. There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these
Board rules if sent to the last known address of the applicant or licensee by regular mail. An applicant or license shall notify the Board within thirty (30) days of a change in address.
(a) Dismissal. The Board may enter an order of dismissal based on the allegations contained in the ARC's notice of recommendation in any case where the applicant or the applicant's representative has not requested a hearing, has failed to appear at a noticed hearing, or has otherwise failed to pursue the application.
(b) Default. The Board may enter an order of default judgment based on the allegations contained in the Petition in any case where the licensee or the licensee's representative has not answered the allegations contained in the Petition and has not appeared at a noticed hearing.
(a) The hearing officer shall preside over the contested case hearing which shall be conducted pursuant to the Wyoming Administrative Procedure Act and the Office of Administrative Hearings rules concerning contested case proceedings.
(b) The Board hereby incorporates by reference 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: rules.wyo.gov.
(c) 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 (b) of this section; and
(iii) The incorporated rules are maintained at the Board's office and are available for public inspection and copying at cost at the same location.
(a) Application Matters. The applicant shall bear the burden to prove by a preponderance of evidence that they meet the qualifications for licensure. The burden shall shift to the ARC or DC to prove by clear and convincing evidence that applicant should be denied an unrestricted license. The applicant shall bear the burden to persuade the Board that the ARC or DC's grounds for denial are insufficient.
(b) Licensure Matters. The licensee shall bear the burden to prove by a preponderance of evidence that the petition for modification should be granted.
(c) Discipline Matters. The DC shall bear the burden to prove by clear and convincing evidence that a licensee violated the Act or the Board rules.
(a) Board Action. The Board may resolve an application matter, complaint, or Petition by:
(i) Approving the recommendations of the ARC or DC; or
(ii) Conducting a contested case hearing. Following the hearing and deliberation of all evidence admitted at a contested case hearing, the Board may:
(A) Issue, renew, reactivate, relicense, or reinstate a license;
(B) Issue, renew, reactivate, relicense, or reinstate a license with conditions, restrictions, or other disciplinary action;
(C) Deny a license, renewal, reactivation, relicensure, or reinstatement;
(D) Dismiss the complaint or Petition due to lack of clear and convincing evidence;
(E) Issue a notice of warning; and/or
(F) Impose a reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof.
(b) Board Order. The Board shall issue a written decision and shall be sent to the applicant, licensee, or their representative by regular mail. The Board may publish the order.
(a) Appeals from decisions of the Board are governed by the WAPA and Wyoming Rules of Appellate Procedure.
(b) Costs of transcripts and any reasonable cost assessed by the Board regarding the record on appeal shall be borne by the party making the appeal.