Wyo. Code R. 084-0001-6
Geologists, Board of Professional
Chapter 6: Procedures for the Conduct of Hearings
Effective Date: 01/30/1992 to 08/22/1995
Rule Type: Superceded Rules & Regulations
Reference Number: 084.0001.6.01301992
Date Filed 01/30/92
Expr Date
Supr Date
Repeal Date
Document Type RULES
Section 1. Authority. These rules are promulgated pursuant to W.S. 33-41-106(a) and the Administrative Procedure Act, W.S. 16-3-101 through 16-3-115.
Section 2. Purpose. These rules are established to provide a fair and efficient method for the conduct of administrative hearings relative to complaints; disciplinary matters; the denial, refusal of renewal, suspension, or revocation of a license; and appeals. These procedures may be used for other purposes when a formal hearing is necessary.
(a) If a hearing is sought by the Board as petitioner, the respondent shall be accorded the rights of a licensee as set forth below.
(b) When any party requests and is granted a hearing, he or she, as petitioner, shall also be accorded the rights of a licensee as set forth below. However, when the petitioner is outside the Board, in requesting the hearing, he or she shall provide the Board with the legal authority and jurisdiction under which the hearing is held, the particular sections of the statutes and/or rules involved, and a short and plain statement of the cause and purpose of the hearing. Also, during the hearing, the petitioner rather than the Board shall proceed first and may briefly rebut the Board's closing remarks.
(c) These hearing procedures shall not alter the practice of holding informal dispositions whenever possible.
Section 3. Commencement of Action Against a Licensee. Upon an appropriate showing that a licensee may have violated W.S. 33-41-101 through 33-41-121 or these rules and regulations, the Board may commence proceedings to deny, refuse to renew, suspend, or revoke the license of the alleged offender or take other disciplinary action.
(a) In a petition or order to show cause, the Board shall notify the alleged offender of the:
(i) Time, place, and nature of the hearing;
(ii) The legal authority and jurisdiction under which the hearing is to be held;
(iii) The particular sections of the statutes and/or rules involved; and (iv) A short and plain statement of the alleged violations.
(b) No answer is required, and at the hearing, the alleged offender may appear and show why his or her license should be granted, renewed, or should not be refused, suspended, revoked, or other disciplinary action taken.
Section 4. Time and Place of Hearing. The hearing may be held no less than twenty (20) days after service of the petition or order to show cause upon the alleged offender, so that he or she may have adequate time for preparation. Upon motion and for good cause, the hearing may be postponed by the Board until a later date. Hearings shall be conducted at a location determined by the Board.
Section 5. Service. The petition or order to show cause shall be served personally or by mail, return receipt requested, addressed to the place of business of the alleged offender, or to the most recent residence address filed with the Board.
Section 6. Presiding Officer. The Board may designate an attorney from the Attorney General's office or hire an outside attorney to conduct the hearing and advise the Board, but who shall take no part in prosecution. The presiding officer may also be the chairperson or another designated Board officer.
(a) The alleged offender may move to disqualify a presiding officer by filing a written motion and supporting affidavits of personal bias with the Board. After consideration of the evidence presented, the chairperson of the Board shall rule upon the motion.
(b) The presiding officer may withdraw whenever he or she deems himself or herself disqualified because of personal bias or other substantial reason.
Section 7. Authority of Presiding Officer. The presiding officer has the authority to:
(a) Administer oaths and affirmations;
(b) Issue subpoenas;
(c) Rule upon offers of proof and receive relevant evidence;
(d) Take or cause depositions to be taken in accordance with the provisions of the Administrative Procedure Act, W.S. 16-3-101 through 16-3-115;
(e) Regulate the course of the hearing;
(f) Hold conferences for the settlement or simplification of the issues;
(g) Dispose of procedural requests and similar matters;
(h) Make recommended decisions when directed to do so by the Board; and
(i) Take any action authorized by the Board's rules, W.S.
33-41-101 through 33-41-121, and the Administrative Procedure Act, W.S. 16-3-101 through 16-3-115.
Section 8. Counsel. All parties may appear at the hearing with or without an attorney. All parties may cross-examine other parties. The Board may inquire of or cross-examine any party.
Section 9. Inspection of File. Each party or his or her authorized representative shall be permitted to inspect and copy, at his or her own expense at the offices of the Board, all documents filed in the alleged offender's suspension or revocation proceedings, and all documents regarding the subject of the hearing contained in the Board's files permitted by these rules, W.S. 16-4-201 through 16-4-205, Public Records, or as otherwise provided by law to be inspected and copied.
Section 10. Record of Proceedings. The hearing shall be reported verbatim, stenographically or by any other appropriate means determined by the Board or presiding officer. A copy will be furnished to any party upon written request to the Board and payment of a reasonable fee. If one or more parties desire the hearing transcribed by a certified court reporter, that party or parties must make the necessary arrangements and bear the cost.
Section 11. Order of Procedure at Hearings. Hearings shall be conducted substantially as follows:
(a) The presiding officer shall announce that the hearing is called to order and announce the matter to be heard, briefly summarizing the case and issues;
(b) The presiding officer shall take up any preliminary motions or matters to be discussed;
(c) The Board's attorney may present a brief opening statement of the charges, explain the theory of the case, and what the evidence will show;
(d) The alleged offender or his or her attorney may present an opening statement in the same manner;
(e) The Board's attorney shall present the evidence of the Board, subject to cross-examination by all parties, including the Board;
(f) The alleged offender or his or her attorney shall then present evidence, subject to cross-examination by all parties, including the Board;
(g) Both parties may make closing statements after all evidence has been presented. These statements may include summaries of the evidence and legal arguments. The Board's attorney shall precede the alleged offender and may also briefly rebut the alleged offender's closing statement.
(h) The presiding officer may ask for proposed findings of fact and conclusions of law from both parties, to be submitted within a designated and reasonable time; and
(i) After all proceedings have been concluded, the presiding officer shall dismiss and excuse all witnesses not already excused and declare the hearing closed.
(j) The presiding officer has the authority to change the order of procedure at a hearing from that described above.
(a) Within thirty (30) days after the hearing or after the deadline for receipt of proposed findings of fact and conclusions of law, if any, when requested, the presiding officer shall prepare proposed findings of fact and conclusions of law for submittal to the Board.
(b) Within thirty (30) days after the hearing, or after submittal of proposed findings of fact and conclusions of law from the presiding officer, if any, the Board shall enter a decision and final order signed by all Board members present at the hearing and voting on the decision.
(c) The alleged offender shall be promptly notified by mail of the final order, return receipt requested.
Section 13. Appeals to District Court. Any person aggrieved or adversely affected by a final decision of the Board after a hearing is entitled to judicial review in the appropriate district court pursuant to W.S. 16-3-114 and 33-41-119(b).
(a) Nothing in these rules shall be construed as prohibiting the Board from holding informational proceedings, hearings, or conferences for the purpose of aiding the Board in ascertaining and determining facts necessary for the performance of its duties. Any person believing himself or herself aggrieved by a determination made by the Board following an informational proceeding, hearing, or conference and who is otherwise entitled thereto, may upon filing a petition or complaint with the Board, obtain a full hearing or review upon the merits, which matter shall be heard and tried de novo.
(b) Disrespectful, disorderly, or contumacious language, contemptuous conduct, refusal to comply with directions, continued use of dilatory tactics, or refusal to adhere to reasonable standards of orderly or ethical conduct by any individual(s) at any hearing before the Board shall constitute grounds for immediate exclusion of the individual(s) from the hearing.