Wyo. Code R. 079-0001-11
Effective Date: 02/12/2019 to 12/19/2019
Rule Type: Superceded Rules & Regulations
Reference Number: 079.0001.11.02122019
(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, the name of the IBM, and the nature of the complaint.
Section 3. Investigations and Board Action. The IBM and Board staff shall investigate those written complaints received which merit further investigation
and (B) A list of statutes and/or Board rules believed to have been violated;
(C) A relevant additional information.
(b) The IBM shall review the investigative report, forward the report and his/her recommendations to the Assistant Attorney General assigned to the Board for prosecution, and consult with the Assistant Attorney General.
(c) Following consultation with the Assistant Attorney General, the IBM may:
(i) Send the notice required by Section 4.
(ii) Prepare and file a formal petition and notice of hearing setting the matter for a contested case hearing before the Board;
(iii) Recommend the Board accept an offer of conditional terms for settlement, which may include educational courses;
(iv) Recommend the Board dismiss the complaint.
(d) The Board may resolve a complaint at any time by;
(i) Accepting a voluntary surrender of a license;
(ii) Accepting a conditional terms for settlement;
(iii) Dismissal.
Prior to commencement of a formal hearing, the IBM shall give notice by mail to the licensee of the facts or conduct which warrant his/her intended action. The notice shall give the licensee an opportunity to show compliance with all lawful requirements for retention of the license within twenty (20) days of the mailing of the notice. Such notice shall be sent to the licensee's last known address both by certified mail with return receipt requested and by first class mail.
(a) 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.
(b) 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.
(c) This incorporation by reference in subsection (a) does not include any later amendments or editions of the incorporated matter beyond the applicable date identified.
(d) A copy of the incorporated rule is available for public inspection or copying at the cost from the Board’s offices located at 2001 Capitol Avenue #105, Cheyenne, WY 82002.
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.
Section 7. Transcripts. If a Petition for Judicial Review is filed in the district court, the petitioner shall either arrange the preparation and pay for the transcript of the testimony, or reimburse the Board for the cost of the transcript if previously prepared at Board expense.