Wyo. Code R. 206-0002-30
General Agency, Board or Commission Rules
Chapter 30: Private School Lic for Post Secondary Degree Granting Education Inst.
Effective Date: 02/27/2007 to 03/14/2011
Rule Type: Superceded Rules & Regulations
Reference Number: 206.0002.30.02272007
The purposes of the rules are:
(a) To establish a procedure for the licensing of post secondary education institutions (colleges, universities, distance education correspondence schools offering degrees, etc.) with the exception of the University of Wyoming and the Community Colleges of Wyoming (Wyo.Stat. § 21-2-102 and Wyo. Stat. § 21-2-103) or any post secondary education institution possessing current accreditation by an accrediting association recognized and accepted by the United States Department of Education.
(b) To establish minimum standards for post secondary education institutions until accreditation by an accrediting association recognized and accepted by the United States Department of Education.
(c) To protect Wyoming consumers enrolled in a course of study in a non-accredited post secondary education institution.
(d) To adopt rules of practice setting forth the nature and requirements of all procedures available in connection with contested cases.
These rules are promulgated pursuant to Wyo. Stat. §§ 21-2-304 and 21-2-401 et seq. of the Private School Licensing Act, to implement the provisions of that entire act, and pursuant to Wyo. Stat. § 16-3-102(a)(i) of the Wyoming Administrative Procedure Act to implement the requirement that the Wyoming State Board of Education adopt rules governing contested case hearings. These rules have been adopted by the Wyoming State Board of Education in accordance with the Wyoming Administrative Procedure Act (Wyo. Stat. §§ 16-3-101 through 16-3-115). They are effective upon filing with the Secretary of State.
These rules govern the operation of all post secondary education institutions not accredited by a recognized and accepted accrediting agency as defined by rules of the Wyoming Department of Education, which are located within the state, or have their principal place of business out of state but do business in the state. These rules do not apply to any parochial, church, or religious school as defined by Wyo. Stat. § 21-4-101(a)(iv), home-based educational programs as defined by Wyo. Stat. § 21-4-101(a)(v), aircraft flight training schools approved and authorized by the Federal Aviation Agency of the United States of America, or a school teaching techniques of outdoor recreation, leadership, ecology, or conservation domiciled in the state of Wyoming. Further these rules do not apply to a post secondary institution that is accredited by an accrediting association recognized and accepted by the United States Department of Education.
(a) 'Agent' means any person owning any interest in, employed by, or representing for remuneration or other consideration a post secondary education institution located within or without this state.
(b) 'Attorney General' means the Attorney General of the State of Wyoming.
(c) 'Degree' means any award, earned or honorary, conferred with the designation of associate, baccalaureate, master, professional, specialist or doctorate.
(d) 'Post Secondary Education Institution' means any post secondary institution offering a degree, earned or honorary, conferred with the designation of associate, baccalaureate, master, professional, specialist or doctorate.
(e) 'Full time staffing' means that the designated location for physical presence in the state must be open for business eight-full-hours a day excluding Saturdays, Sundays, and legal holidays
(f) 'Generally accepted accounting principles' means a widely accepted set of rules, conventions, standards, and procedures for reporting financial information, as established by the Financial Accounting Standards Board.
(g) 'Department' means the Wyoming Department of Education.
(h) 'License' means a non-transferable document issued by the Wyoming Department of Education to a post secondary education institution located within this state or located outside the state.
(i) 'Licensee' means, with respect to the post secondary education institution seeking or holding a license under these rules, both the institution bearing the name in which the license is sought to be or was issued, and any other business entity comprised of substantially the same directors, officers, stockholders or employees, whether or not the institution's name is the same.
(j) 'State Board' means Wyoming State Board of Education.
(k) 'Licensing Year' is from July 1 through June 30 of the subsequent year.
(l) 'Professional credentials' consists of:
(i) Sealed official copies of academic transcripts verifying academic status and educational degrees attained. These transcripts shall contain the names of the institutions granting the degrees and the status of the accreditation of the institution by an accrediting association recognized by the United States Department of Education. If the transcript does not state the name of the recognized and accepted accrediting association, an official document from the institution shall be supplied stating the name of its recognized and accepted accrediting association.
(ii) PSL Form 14, Personal Information Form.
(iii) Letters of reference
(iv) Personal vitae
(m) 'PSL forms' may be referred to in these regulations in an abbreviated manner. Below are the form numbers and complete names identifying each form used.
PSL Form 5 - Initial Application Checklist PSL Form 6 - Renewal Checklist PSL Form 7 - Update Information Checklist PSL Form 12 – Update Information Form PSL Form 14 – Personnel Information Form PSL Form 15 – Agent Information Form PSL Form 16 – Number of Students for the Previous Year PSL Form 17 – Facilities Designation PSL Form 18 – Licensing History Disclosure PSL Form 19 – Payment for On-site Visit Form PSL Form 20 – Verification of Degree Status of Faculty PSL Form 21 – Verification of Degree Status for Bachelors Degrees PSL Form 22 – Full Time Employees at Designated Location PSL Form 23 – No Notice Visits PSL Form 24 – Waiver for 50% Rule for Bachelor's Degree PSL Form 25 – Foreign Credentials Tracking PSL Form 27 – TOEFL Results
PSL Form 28 – Advertising Policy PSL Form 29 – Complaint PSL Form 30 – Financial Status Review PSL Form 31 – Quarterly Update Designated Locations PSL Form 610 C – Degree Granting Initial Application PSL Form 850 D - \$100,000 Bond Form PSL Form 850 E – Irrevocable Standby Letter of Credit Refund Policy - Example
(n) “Otherwise Qualified Instructor” means a person who has by virtue of extraordinary training and/or experience, despite the absence of a bachelor’s degree in the area sought to be taught, demonstrated an exceptional expertise which qualifies that person to teach a post secondary course.
“Recognized and Accepted Accreditation Agency” includes those agencies recognized by the United States Department of Education.
(p) “Foreign Credentials” are those issued by any educational institution located outside the United States, and accredited by an accrediting association recognized and accepted by the United States Department of Education.
(a) Suspensions, or revocations of a license may occur when it is found that a school has failed to comply with Wyoming Post Secondary Education Institution Licensing statutes and the Post Secondary Education Institution rules adopted by the State Board. Such action will be governed by the Wyoming Administrative Procedure Act (Wyo. Stat. §§ 16-3-101 through 16-3-115). Licensure is not required once accreditation is achieved from a recognized and accepted accreditation agency and documentation of such is provided to the office of the Secretary of State and the Department.
(b) No license shall be granted prior to an initial on-site inspection by the Department.
(c) No licensee shall file an application for a license to operate a post secondary education institution, nor shall any license be granted to an institution, for a period of two (2) years after a license has been revoked by the State Board.
The licensees, who have faculty, instructors, and students with foreign credentials, are responsible to ensure compliance with this Section, and to provide evidence of compliance with credentialing and admission requirements, including:
(a) For students in possession of foreign academic credentials, official copies of academic transcripts, which have been translated and evaluated by a service organization or person qualified by training from such an organization in accordance with the guidelines established by the National Council on the Evaluation of Foreign Academic Credentials or the Association of International Evaluators.
(b) For all instructors, teachers, and faculty, in possession of foreign credentials used by the institution, official copies of academic transcripts which have been translated and evaluated for academic equivalency by a service organization or person qualified by training from such an organization in accordance with guidelines established by the National Council on the Evaluation of Foreign Academic Credentials or the Association of International Evaluators.
(c) For students whose primary written and spoken language is not English, results of the Test of English as a Foreign Language (TOEFL) administered within two (2) years after admission or prior to receipt of a degree or certificate (which ever comes first) demonstrating the following:
(i) Minimum written score of Five Hundred (500).
(ii) Minimum computer based score of One Hundred Seventy-Five (175).
(d) For any student attending class at an on-site classroom in a foreign country under a bona fide franchise agreement between the licensee and an educational institution in that country the requirement to take the TOEFL does not apply under the following conditions:
(i) The student must have completed, a minimum of six (6) semester credit hours with a grade equivalent of 'C' or better, or must have obtained ninety (90) classroom contact hours of post secondary educational instruction, taught by appropriately credentialed instructor(s), in the study of the English language.
(ii) Compliance with subparagraph (i) above shall be demonstrated by appropriately translated and evaluated academic transcripts or the requirement may be satisfied through instruction received concurrently with the student's course of study.
Application for a license (initial and renewal) shall be made in a form specified by the Department.
(a) For institutions seeking an initial license, the applicant must complete PSL Form 610C – Initial application. (NOTE: The Wyoming Secretary of State will not issue or renew corporate registration without prior licensure by the Department.)
(b) The applicant shall submit documentation that the institution:
(i) is currently seeking appropriate accreditation and detailing steps taken during the year to achieve accreditation, or
(ii) is not seeking accreditation and explaining why it is not necessary to achieve accreditation.
(iii) provide a detailed mission statement, which shall include the specific purposes and objectives of the institution, a complete organizational chart, an explanation of the institution's financial and administrative support for faculty and student services and curriculum development, and documentation of the means by which the stated purposes and objectives will be supported by the institution.
(c) The applicant shall present proof that the institution maintains a physical facility as office space and that the facility is located in the state. If property is owned, the applicant shall provide a copy of deed of property. If property is leased, the applicant shall provide a notarized copy of the current lease of office space. The terms of any lease shall be for a minimum of one (1) year from its inception with lease renewal for periods of not less than one (1) year. At a minimum, the lease shall be effective July 1 to June 30 of the following year as long as the school retains its license to do business in Wyoming.
(d) The application shall be accompanied by a certified check or money order made payable to the 'Wyoming Department of Education' in the amount of ten thousand dollars ($10,000.00) for the school's license The license is valid for five years.
(e) The application shall be accompanied by a certified check or money order payable to the 'Wyoming Department of Education' in the amount of one hundred dollars ($100.00) for each agent (to be renewed annually).
(f) A signed and completed PSL Form 28.
(g) A performance bond or other form of security to be approved by the Attorney General. This bond or other form of security must be on a form prescribed by the Department and shall be in the amount of One Hundred Thousand Dollars ($100,000.00.) Such bond or other form of security shall be renewed on July 1 of each year as long as the school retains its license to do business in Wyoming. The Department will be custodian of all bonds or other form of security and may render administrative assistance, but not legal assistance, to aggrieved persons who may be entitled to relief under the bond.
(h) A copy of the enrollment contract form for each student. (i) A statement of tuition, fees, and all other charges. (j) A copy of the refund schedule (See Section 11).
(k) A description of instructional methods and an instructional outline used by the institution, including methods for assigning, monitoring and evaluating work, awarding credit, and granting degrees. Licensee and/or applicant shall explain how the institution operates/would operate a distance learning program.
(l) A copy of a diploma for each degree offered. (m) A copy of the attendance record form.
(n) Electronic copies of school catalogs, bulletins, and other published materials, advertising, and circulars.
(o) Completed professional credentials [see Section 4(k)] for each director, supervisor, instructor, and teacher.
(p) PSL Form 15, for each agent must be submitted annually.
(q) An alphabetized list of all agents, instructors, staff, and administrators indicating they completed forms PSL 14 and PSL 15, as applicable.
(r) For institutions granting bachelors, masters, and doctorate degrees documentation to verify the following education requirements for the staff:
(i) Submit completed PSL Form 20. (ii) Submit completed PSL Form 21.
(iii) An institution may request a waiver to this rule in accordance with Wyo. Stat. § 21-2-402 (b) (iii) from the Department. The requirements for the waiver are:
(1) The licensee shall provide in writing the rationale for not complying with the requirements of Wyo. Stat. § 21-2-402 (b) (iii) including proof that the waiver pertains to an otherwise qualified instructor, documentation that supports the rationale, projected beginning and ending dates for the waiver, the reason the course is not to be taught by a properly credentialed instructor, and impact on the licensee and its students if the waiver is not approved.
(2) The Department shall review the documentation and approve or deny the waiver request prior to implementation of the waiver.
(s) If the license of the applicant or the license of any institution having any past or present common ownership, management, marketing or other operation of any kind with the applicant or with which the applicant has previously commingled or currently commingles its marketing, promotional, informational or operational activities in any way has been revoked, suspended, denied or has not been renewed by the licensing jurisdiction of another state, a detailed explanation of the reasons for the action together with all documents relating to any subsequent judicial or administrative proceedings.
The following provisions shall govern the term, conditions, and renewal of the license:
(a) The license granted to a post secondary education institution will be valid for a period of five years measured from the first day of July preceding the date on which the license is issued.
(b) During the term of the license, the licensee shall provide annual updated information concerning all items in Section 7. A PSL Form 12 will document this process.
(c) A licensee may, upon 30 days written notice, be required to provide to the Department updated information concerning all items in Section 7 above as well as any other information the Department may request, either by a standardized renewal application form or specific request to an individual licensee.
(d) The Department shall impose and collect an annual processing fee of $2,500.00 that will be collected at the time the annual update information is submitted to the Department. This fee will only be collected in those years after the license issuance and prior to the 5-year license renewal.
No post secondary school, as defined by Wyo. Stat. § 21-2-401, shall solicit students, do business in, or operate in Wyoming without first obtaining a private school license. A license will be granted when it has been determined by the Department that the Institution is in compliance with the following minimum standards:
(a) Retain on file all items requested in Section 7.
(b) Provide adequate space, equipment, instructional material and instructional personnel to provide academic instruction commensurate with course offerings.
(c) Ensure that administrative and instructional staff meet appropriate education and experience qualifications to assure that students will receive educational services consistent with the stated objectives for which the educational services were offered.
(d) Define the minimum grades considered satisfactory, conditions for interruption due to unsatisfactory progress, descriptions of probationary periods if any, and conditions for re-entrance for those students dismissed for unsatisfactory progress.
(e) Provide a copy of the enrollment agreement, contract or other document which acknowledges the enrollment of each student which is executed by each student at the time of enrollment or paying tuition other than application fees. The agreement, contract, or other document shall be made available at the time of the on-site inspection required under Wyo. Stat. § 21-2-401 (d) and shall contain the following statement:
'I understand that (name of institution) is licensed by the Wyoming Department of Education in accordance with Wyo. Stat. §§ 21-2-401 through 21-2-407 and that neither The Department of Education nor the Wyoming State Board of Education has accredited or endorsed any course of study being offered by (name of institution).'
(f) Comply with all city, county, state, and federal regulations pertaining to post secondary education institution, including the Civil Rights Act of 1964, the Wyoming Fair Employment Practices Act (Wyo. Stat. § 27-9-105, et seq., the Americans with Disabilities Act (ADA), 42 U. S. C. 12101, et seq., and the Age Discrimination Act of 1975.
(g) Utilize no advertising, which tends to mislead students or falsify information regarding job placement or accreditation. If a post secondary education institution wishes to refer to the fact that it is licensed in 'the State of Wyoming,' it shall refer to the fact only in the following phraseology: 'Licensed by the State of Wyoming under Wyo. Stat. §§ 21-2-401 through 21-2-407, and neither the Department of Education nor the Wyoming State Board of Education has accredited or endorsed any course of study being offered by (name of institution).' (h) Award diploma to students for satisfactory completion of education requirements.
(i) Award no degree, earned or honorary, granted solely on the basis of payment of tuition or fee. No degree may be given, awarded, or granted solely on the basis of credit earned at another school or schools, on the basis of credit for life experience or other equivalency, on the basis of testing out, on the basis of research and writing, or solely on the basis of any combination of these factors.
(j) Maintain permanent and adequate records to show attendance, progress or grades, and satisfactory standards relating to attendance, progress and conduct are enforced.
(k) Have or employ no owners, administrators, directors, and instructors who have been convicted of a felony or high misdemeanor pertaining to fraud, sexual assault, child abuse, or other job-related reprehensible conduct in accordance with Wyo. Stat. § 21-2-403.
(l) Submit annually to the Department a current financial statement prepared in accordance with generally accepted accounting principles and audited by a certified public accountant.
(m) Cooperate in the scheduling and conduct of an on-site visit to the principal place of business of the institution, or any place where services are delivered by the institution. Cooperate in the conduct of a random unannounced visit to the designated Wyoming physical facility by representatives of the Department.
(i) The on-site visit shall be conducted at least every three years and may be conducted more frequently if requested by the Department.
(ii) The reasonable and proper expense of all on-site visits shall be the responsibility of the institution visited. The cost shall include the reasonable and proper expenses of the Department's representatives and the per diem rate consistent with travel policies adopted by the State of Wyoming.
(iii) To ensure the requirements for designated office space are enforced, the Department shall conduct random, unannounced, on-site visits at the designated Wyoming office space locations. The licensee shall pay the costs of these unannounced visits. The total cost of all random unannounced visits to any institution from July 1 to June 30 of the subsequent year, shall not exceed $350.00. The check or money order for such payment shall be made payable to the 'Wyoming Department of Education.' (iv) The designated office space shall be staffed on a full-time basis by an employee(s) of the licensed institution. The licensee shall provide to the Department information that substantive academic and student service related activities are being conducted at this designated location. The licensee shall report annually such activities to the Department using the PSL Form 31.
(v) The institution shall pay for the expenses related to the 3 year and pre-licensing on site visitation/inspection within thirty (30) days from receipt of the bills. Failure to make such payment when due shall constitute grounds for the State Board to immediately deny, suspend, or revoke the license for the visited educational institution. Payment shall be made payable to 'State of Wyoming'. The Department's representatives shall prepare a written report concerning the inspection of the institution's principal place of business.
The institution will then be given an opportunity to review and provide comments on this report before the report and the institution's comments are submitted to the State Board. The Department's review and the institution's comments shall be compiled within forty-five (45) days of the completion of the visit/inspection. Written findings on the unannounced visit to the designated facility shall be prepared and provided to the institution and the State Board.
The State Board, through the Department, shall administer and enforce this article.
(a) Subject to the requirements of the Wyoming Administrative Procedure Act, and in accordance with the procedures set forth in these rules, the State Board may suspend or revoke a license issued under the Private School Licensing (PSL) Act to any post secondary educational institution:
(i) For past or current material misrepresentations or omissions in any information submitted to the Department pursuant to this article;
(ii) For failure of the licensee to report any change of information and other materials required under the PSL Act;
(iii) For multiple or repeated violations of State Board requirements to report or take action in a timely manner; or
(iv) For any other violation of the licensing statutes or these rules and regulations.
(b) Initiation of Action.
(i) A complaint may by brought by the Department, a student of a licensed post-secondary institution, or any person aggrieved by any alleged action, failure to act, or conduct of the licensee.
(ii) Any complaint made against a licensee shall be made in writing and must provide the following information:
(A) Name and address of the licensee;
(B) The nature of the complaint and a description of the incidents(s), including dates(s), time(s), and location(s), and the names of any of the licensee's agents or employees involved;
(C) The name(s) and address(es) of other witnesses, if available;
(D) The statements of other witnesses, if available; and
(E) The signature and address of the person or persons making the complaint.
(c) Review of the Complaint and Investigation.
(i) The Department shall review each complaint and, where necessary, conduct further investigation.
(ii) Upon completion of the investigation, the Department may:
(A) Prepare and file a formal complaint with the State Board;
(B) Recommend to the State Board the complaint be dismissed; or
(C) Recommend to the State Board a settlement of the matter;
(iii) The State Board may resolve a complaint at any time by:
(A) Dismissing the complaint;
(B) Accepting a voluntary surrender of a license;
(C) Suspending a license pursuant to agreed-upon terms for correction of any identified violation(s) of the Act or these rules; or
(D) Setting the matter for a contested case hearing.
(d) Hearing Notice.
(i) A formal proceeding for Board action on a license shall be commenced by notice issued by the Board, served in person or by certified mail.
(ii) The notice shall contain:
(A) The name and Wyoming business address of the licensee;
(B) A statement, in ordinary and concise language, of the nature of the complaint filed with the State Board;
(C) The time, place, and nature of the hearing;
(D) The legal authority and jurisdiction under which the hearing is being held;
(E) The particular sections of the statutes and rules involved;
(F) A short and plain statement of the matters asserted. If the Department or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a more definite and detailed statement shall be furnished;
(G) That failure to respond to the complaint within twenty (20) days of its service may result in default.
(iii) Service on the licensee shall be deemed complete and effective if the notice is sent by certified mail to the licensee at its Wyoming business address provided to the State Board.
(iv) In any contested case, the State Board shall afford reasonable notice of the hearing to all parties. Reasonable notice shall be not less than twenty (20) days prior to the hearing date.
(v) Upon request for a continuance by either party served, the presiding officer or his designee shall, upon a showing of good cause, allow the party an alternative time and place for the hearing, provided such request is made within ten (10) days from the date of mailing of the notice of hearing.
(A) When a request for a continuance is granted, the presiding officer or designee shall reissue the notice in accordance with Section 10 of these rules except reasonable notice as used in this subsection shall be five (5) days prior to the hearing date.
(e) Default. The State Board may enter an order based on the allegations of a complaint in any case where the licensee has not responded within twenty (20) days of service, or in any case in which the licensee or the licensee's representative has not appeared at a scheduled hearing.
(f) Computation of time. In computing any time period set forth in these rules, by applicable statute or order of the presiding officer or State Board, the day of the event or default from which the designated period begins to run shall not be included. If the last day of a designated period falls on a Saturday, Sunday or legal holiday, or when the act to be done is the filing of a paper and weather or other conditions have made the place of filing inaccessible, then the period runs until the end of the next business day. For time periods of ten (10) days or less, the period of time shall be ten (10) business days. For purposes of this section, 'legal holiday' includes any day officially recognized as a legal holiday in Wyoming by designation of the legislature or appointment as a holiday by the Governor.
(i) All motions shall be filed with the State Board in writing at least ten (10) days prior to the date set for the hearing.
(A) The State Board may, within its discretion and upon good cause shown, allow a motion to be filed at any time.
(ii) For purposes of this rule, any request for settlement of a contested case shall be considered a motion before the State Board.
(i) When formal proceedings are initiated, the case shall be assigned a number and entered upon a docket provided for such purpose.
(ii) The Chairman of the State Board shall establish a separate file for each docketed case, in which shall be systematically placed all papers, pleadings, documents, transcripts, evidence, and exhibits pertaining thereto, and all such items shall have noted thereon the docket number assigned, and the date of filing.
(i) In all contested case proceedings, the Chairman shall designate a member of the State Board, or an appropriate employee of another agency, to act as presiding officer, pursuant to Wyo. Stat. § 16-3-112. The Chairman may designate himself as presiding officer.
(ii) The presiding officer shall have the duties set forth in Wyo. Stat. § 16-3-112(b).
(iii) The presiding officer shall preside over the hearing itself. All members of the State Board may be present at the hearing.
(iv) At the discretion of the presiding officer, telephone calls may be used to conduct any hearing or other proceeding.
(i) In all formal proceedings before the State Board, discovery shall be afforded in accordance with Wyo. Stat. §§ 16-3-107(g) and (h).
(ii) Requests for discovery shall be made in writing and directed to the Board.
(i) The issuance, compliance and enforcement of subpoenas is governed by Wyo. Stat. §§ 16-3-107(c), (d), (e), (f) and (h).
(ii) Subpoenas for appearance or to produce books, papers, documents, or exhibits may be issued by the Chairman of the State Board, upon receipt of the written application for same by any party to the case.
(iii) Written requests for subpoenas shall describe, with particularity, the materials requested for production.
(iv) The party requesting the issuance of a subpoena shall bear the costs of such issuance to the extent and in the same manner as those fees are paid in the District Court of the State of Wyoming.
(i) All persons testifying at a hearing before the Board shall be administered a standard oath.
(ii) No testimony will be received from a witness except under oath or affirmation.
(iii) The party calling a witness shall bear the costs associated with the witness's appearance.
(iv) At the discretion of the presiding officer, parties or their witnesses may be allowed to participate in hearings by telephone.
(i) The parties shall be entitled to present any oral or documentary evidence, submit rebuttal evidence and conduct cross-examination, as may be required for a full disclosure of the facts.
(ii) The presiding officer shall allow any oral or documentary evidence, except irrelevant, immaterial, or unduly repetitious evidence may be excluded. Hearsay is admissible.
(iii) Evidence may be received in written form, yet if such written evidence would not be admissible under the Wyoming Rules of Evidence, all parties should be afforded a reasonable opportunity to confront and cross-examine the author of the written evidence. Generally, such a reasonable opportunity is afforded by giving all parties written notice of the intent to introduce and rely upon the written evidence a reasonable period of time prior to the scheduled evidentiary hearing.
(iv) Privileged and confidential information. Any privilege at law shall be recognized by the presiding officer in considering evidence. No employee of the Department shall be compelled to testify or to divulge information which is confidential or privileged at law and which is contained within the records of the Department or acquired within the scope of employment except as provided in Wyo. Stat. § 16-3-107.
(v) Administrative notice may be taken of any material fact not appearing in evidence in the record that is of the nature of traditional matters of judicial review or within the special technical knowledge or files of the Department. Parties shall be given an opportunity to contest matters administratively noticed prior to a final decision by the State Board in accordance with Wyo. Stat. § 16-3-108.
(i) Any party may represent itself 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.
(ii) In any case before the State Board, an appearance in person or the filing of an answer shall constitute an appearance of record by an attorney.
(iii) A request for withdrawal from representation shall be made by the attorney in writing to the State Board.
(iv) The representative of the Attorney General's office assigned to represent the Department shall present to the State Board all matters enumerated and described in the notice and complaint.
(v) The State Board shall request the Attorney General to assign separate counsel to be present and advise the State Board in all matters relating to the contested case.
(i) The record in a contested case shall consist of all matters required pursuant to Wyo. Stat. § 16-3-107(o).
(ii) The hearing itself shall be reported verbatim by a court reporter or by other methods deemed sufficient by the State Board. Such other methods may include the use of tape recorders.
(p) Order of Procedure. As nearly as practicable, the order of procedure at any hearing before the State Board shall be as follows:
(i) The presiding officer shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard, and thereupon the presiding officer shall direct the reading into the record of the notice given, and the complaint, together with appearance in the form of answers or other appearance made by the licensee, and shall note for the record all subpoenas issued and all appearances of record, including licensee and counsel;
(ii) An opening statement may be made by each of the parties. The time allowed for an opening statement may be limited by the presiding officer;
(iii) Counsel for the Department shall present the evidence in support of the complaint. Witnesses may be cross-examined by the licensee or members of the State Board. All exhibits offered by and on behalf of the complaint shall be marked by letters of the alphabet beginning with 'A.'
(iv) The licensee shall be heard in the same manner as the evidence, witnesses, and exhibits were heard and presented in support of the complaint, and may be cross-examined by the Department's counsel or members of the State Board. The licensee's exhibits shall be marked separately, commencing with the numeral '1.'
(v) Rebuttal evidence may be allowed within the discretion of the presiding officer;
(vi) Closing statements may be made by the parties at the conclusion of the presentation of evidence. No rebuttal closing statement may be made by any of the parties to the proceeding;
(vii) After all proceedings have been concluded, the presiding officer shall dismiss and excuse all witnesses and declare the hearing closed. The presiding officer may require the parties to file proposed findings of fact and conclusions of law within a specified time period. Parties may also file written briefs on relevant issues of law. The State Board shall take the case under advisement.
(i) The State Board shall, following a hearing, make and enter a written decision and order containing findings of fact and conclusions of law, stated separately.
(ii) The State Board may determine that the complaint is unfounded, may suspend the license, or may revoke the license.
(iii) The decision and order shall be sent by certified mail to all parties and their counsel of record.
(iv) Unless otherwise ordered by the State Board, all decisions shall be effective as of the date of the issuance of the written decision and order.
(i) Appeals from decisions of the State Board are governed by Wyo. Stat. § 16-3-114 and the Wyoming Rules of Appellate Procedure.
(ii) Costs of transcripts and all costs associated with preparation of the record on appeal shall be borne by the party filing the appeal.
(s) Maintaining Records of Complaints.
(i) The State Board, through the Department, shall keep on file for each licensee each complaint received, the records obtained during any investigation by the Department, and all documents, pleadings, exhibits and information pertaining to action taken by the State Board pursuant to Section 10 of these rules. The file for each complaint shall be retained for at least five (5) years after the resolution of the complaint.
(ii) The State Board may take into account the history of complaints against a licensee as well as the history of resolution of those complaints when making determinations concerning the issuance, renewal, suspension or revocation of any license pursuant to these rules.
All post secondary education institutions licensed by the State Board will utilize a refund policy that parallels refund policies recommended by the United States Department of Education.