Wyo. Code R. 084-0001-5
Geologists, Board of Professional
Chapter 5: Application, Complaint, and Hearing Procedures
Effective Date: 11/16/2015 to 09/18/2024
Rule Type: Superceded Rules & Regulations
Reference Number: 084.0001.5.11162015
APPLICATION REVIEW, COMPLAINTS, and HEARING PROCEDURES
(a) Upon receipt of a complete application, the Board Office shall forward the application to the Board Review Committee (BRC).
(b) The BRC shall review the application and other available information and following the review may:
(i) Recommend approval of the application if the applicant meets all requirements, or
(ii) If there are questions as to whether denial is appropriate, forward the application and a BRC report to the Assistant Attorney General assigned to the Board for prosecution to review.
(c) If, after review, the BRC and Assistant Attorney General recommend denial of an application:
(i) A preliminary denial letter shall be sent to applicant. The letter shall:
(A) State the basis for the denial including relevant statutes and rules; and
(B) Advise the applicant of the right to request reconsideration.
(ii) If the applicant fails to request reconsideration in writing within thirty (30) days of the date of the preliminary denial letter, the preliminary denial shall become final.
(iii) If the applicant requests reconsideration within thirty (30) days, a reconsideration conference shall be held with the BRC, the Assistant Attorney General, and the applicant.
(iv) Following a reconsideration conference, the BRC shall recommend either approval or denial of the application.
(v) If the application is again preliminarily denied through issuance of another preliminary denial letter setting forth the basis for the denial including relevant statutes and rules following a reconsideration conference, the applicant may ask for a hearing by filing a written request within thirty (30) days of the date of the preliminary denial letter. If the applicant fails to request a hearing, in writing, within thirty (30) days of the date of the preliminary denial letter, the preliminary denial shall become final.
(i) An application denial hearing is a formal contested case hearing conducted pursuant to the Wyoming Administrative Procedure Act, the Act and these rules.
(ii) The applicant has the burden of proving that he meets all requirements for the license or certificate applied for.
(e) The BRC may attend hearings, but shall not take part in the consideration of any contested case.
(a) A disciplinary action is initiated against a licensee upon receipt of a written complaint by the Board office. A complaint concerning an alleged violation of the Act or these rules may be submitted by any person or entity. The written complaint should provide as much of the following information as may be available and applicable:
(i) The name and address of the complainant;
(ii) The name, address, place of employment, and telephone number of the licensee or trainee against whom the charges are made;
(iii) The specific conduct alleged to constitute the violation;
(iv) The name and address of any witnesses; and
(v) The signature of the complainant.
(a) Written complaints shall be referred to an assigned Investigative Board Member (IBM) selected by Board staff. If the IBM recommends, the Board may hire an independent investigator to conduct the investigation. The licensee or trainee against whom the charges are made will be advised of the investigation, the name(s) of the IBM, and the nature of the complaint.
(i) The IBM shall not take part in the Board’s consideration of any contested case.
Section 4. Investigations and Board Action. The assigned IBM shall investigate written complaints.
(a) Upon completion of the investigation, the IBM shall prepare an investigative report which shall include:
(b) The IBM shall forward the investigative report and recommendations to, and consult with the Assistant Attorney General assigned to the Board.
(c) Following consultation with the Assistant Attorney General, the IBM may:
(d) The Board may resolve a complaint at any time by:
Section 5. Service of Notice and Opportunity to Show Compliance. Prior to commencement of a formal hearing, the IBM shall give notice by mail to the licensee or trainee of the facts or conduct which warrant the intended action. The notice shall give
the licensee or trainee an opportunity to show compliance with all lawful requirements for retention of the license or certificate within twenty (20) days of the mailing of the notice. Such notice shall be sent to the licensee's or trainee's last known address both by certified mail with return receipt requested and by first class mail.
Section 6. Contested Case Prerequisites. Formal proceedings for a hearing before the Board regarding action against a licensee or trainee shall be commenced by petition and notice of hearing, served in person, or by both certified mail and first class mail sent to the address last known by the Board at least thirty (30) days prior to the date set for the hearing.
Section 7. Default. The Board may enter an order of default based on the allegations in a petition in any case where:
(a) The applicant, licensee, or trainee has not either answered or appeared in writing ten (10) working days before the hearing, when not otherwise provided by the hearing officer; or
(b) In any case in which the applicant, licensee, or trainee or his representative has not appeared at a scheduled hearing for which notice was properly given.
Section 8. Contested Case Hearings. The Office of Administrative Hearings shall act as the hearing officer and shall preside over the formal contested case hearing which shall be conducted pursuant to the Wyoming Administrative Procedure Act and 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.
Section 9. Representation. A licensee or trainee may represent himself or be represented by counsel, provided that such counsel is licensed to practice law in the State of Wyoming or is associated at the hearing with one or more attorneys licensed to practice law in the State of Wyoming.