Wyo. Code R. 079-0001-11
Effective Date: 12/19/2019 to Current
Rule Type: Current Rules & Regulations
Reference Number: 079.0001.11.12192019
(a) A disciplinary action is initiated against a licensee by submitting a written complaint to the Board office. A complaint concerning an alleged violation of the Act or Board Rules may be submitted by any person or entity, a Board member, or a Board staff member. The written complaint should provide as much of the following information as may be available and applicable:
(a) Written complaints shall be referred to an Investigative Board Member (IBM) selected by Board staff from a rotating schedule. Licensees against whom charges are made will be advised of the investigation, and the nature of the complaint.
(b) Upon completion of the investigation, the IBM may:
(iv) Recommend disciplinary action, which may include a reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof.
(c) Voluntary Surrender. A licensee may petition the Board in writing to surrender his or her license voluntarily. The Board shall hold an expedited proceeding at its earliest convenience to consider a petition under this section. The Board may accept or reject the petition for voluntary surrender and may consider whether the licensee is under investigation.
(a) The IBM shall notify the licensee of his or her recommended action.
(i) The notice shall:
(A) Include a brief description of facts or conduct which warrant the intended action; and
(B) Provide the licensee an opportunity to respond to the action within twenty (20) days of the date of the mailing.
(ii) The licensee may request a contested case hearing.
(A) The request for a contested case hearing shall be in writing and within the twenty (20) days permitted to respond to the IBM’s recommended decision.
(B) If a contested case hearing is requested the IBM shall initiate formal proceedings for disciplinary action by serving a petition and notice of hearing to the licensee.
(b) Informal Conference. The licensee may request an informal conference with the IBM to provide any additional information or to resolve an administrative complaint without a hearing.
(c) If the licensee does not provide a written response within twenty (20) days, the IBM shall provide the Board with his or her recommended decision for approval or rejection by the Board.
(i) The IBM shall notify the licensee of the date and time that the recommendation will be presented to the Board.
(a) All contested case hearings shall be sent to the Office of Administrative Hearings (OAH) in order for OAH to conduct the hearing and issue a recommended decision.
(b) Upon receipt of the recommended decision the Board shall issue a final decision.
(c) The Board incorporates the administrative practice and procedure rules found in Chapter 2 of the Uniform Rules for Contested Case Practice and Procedure adopted by the Office of Administrative Hearings and effective July 20, 2017. These rules can be found at https://rules.wyo.gov, Reference Number 270.0001.2.07202017.
(i) The Board determined that incorporation of the full text of this rule would be cumbersome and inefficient given the length and nature of the rules.
(ii) This incorporation by reference in subsection (a) does not include any later amendments or editions of the incorporated matter beyond the applicable date identified.
(iii) A copy of the incorporated rule is available for public inspection or copying at the Board office.
Section 6. Appeals. A Petition for Judicial Review of the Board decision may be filed in the district court in accordance with the Wyoming Rules of Appellate Procedure.