Geologists, Board of Professional

Geologists, Board of Professional

Chapter 5: Procedures for Initiating Hearings

Effective Date: 05/18/1992 to 08/22/1995

Rule Type: Superceded Rules & Regulations

Reference Number: 084.0001.5.05181992

Date Filed 05/18/92

Expr Date

Supr Date

Repeal Date

Document Type RULES

CHAPTER V

PROCEDURES FOR INITIATING HEARINGS

Section 1. Statement of Purpose. All hearings before the Board shall be initiated pursuant to these rules, the provisions of W.S. 33-41-101 to 33-41-121, and the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115. The following matters and proceedings shall in all cases be set for hearing before the Board:

1. (a) Complaints against a trainee or registrant;
2. (b) Appeals of an adverse action by the Board;
3. (c) Matters which the Board in its discretion believes should be heard at a hearing;
4. (d) Proceedings initiated on the motion of the Board for the enforcement of any rule, order, or statutory provision;
5. (e) Proceedings held for the purpose of promulgating, amending, or repealing rules; and
6. (f) Other matters for which a person has petitioned the Board for appropriate action.

Section 2. Complaint Against a Licensee. Any complaint made against a trainee or registrant shall be made in writing and directed to the secretary-treasurer.

1. (a) The complaint should provide at least the following information:
2. (i) The name, address, place of employment, and position of the licensee believed to have violated the Act or the rules and regulations of the Board;
3. (ii) A short and plain statement of the facts of the complaint and a description of the incident(s) involved including date(s), time(s), location(s), and any observed behavior of the alleged offender;
4. (iii) The particular sections of the statutes and/or rules involved;

(iv) The name and address of other witnesses, if any; and

(v) The signature, address, and telephone number of the person(s) making the complaint.

(b) If a written complaint relating to a licensee is filed with the Board, the Board or its designee shall notify all parties to the complaint, at least as frequently as quarterly, of the status of the complaint until final disposition unless the notification would jeopardize the investigation of a complaint. The Board or its designee shall maintain an information file about each complaint relating to a licensee that is filed with the Board.

Section 3. Petitions.

(a) Any person may petition the Board for the promulgation, amendment, or repeal of any rule or for the discussion of other non-adversarial issues. Petitions may be made in writing to the secretary-treasurer. Petitions may also be presented orally at a business meeting during the call for 'new business'. All petitions shall include:

(i) The name, address, and telephone number of the person(s) petitioning the Board; and

(ii) A short and plain statement explaining the content and purpose of the petition.

(b) After a petition is properly presented, the Board shall determine the disposition of the petition, which includes, but is not limited to, setting the petition for a hearing.

Section 4. Time Limit for Appealing an Adverse Action of the Board.

Requests for hearings to appeal an adverse action of the Board shall be made in writing and received by the Board no later than sixty (60) days after the date of the action taken by the Board.