028-11 Wyo. Code R. §§ 11-4 - Summary Suspension
(a) An IC may
recommend that the Board summarily suspend a license at any time when the IC or
Board staff believes that the licensee's continued practice imperatively
requires emergency action to protect the public health, safety, or
welfare.
(b) The IC shall notify
the licensee of its intent to recommend summary suspension. The Notice of
Intent shall contain:
(i) A copy of the
complaint, if any;
(ii) A
description of the grounds for the summary suspension recommendation;
and
(iii) Notice that an expedited
summary suspension proceeding shall be set at the earliest opportunity a quorum
of Board members may be assembled.
(c) When the date and time of the summary
suspension hearing is set, the Board staff shall notify the licensee of the
date and time of the proceeding by mailing written notice and emailing
electronic notice to the licensee's mailing and email addresses.
(d) The scope of the expedited summary
suspension proceeding shall be limited to a presentation of the information the
IC believes warrants summary suspension and any information the licensee may
present on his or her behalf.
(e)
Hearing Format.
(i) The IC shall describe the
allegations that it believes warrant emergency action against the
licensee.
(ii) The IC shall present
information that demonstrates probable cause that the allegations are
true.
(iii) The IC shall explain
why the licensee's continued practice imperatively requires emergency action to
protect the public health, safety, or welfare.
(iv) The licensee, if present, may present
any information demonstrating that the allegations are not true or that, even
if the allegations are true, the licensee's continued practice does not
imperatively require emergency action to protect the public health, safety, or
welfare.
(f) The Board
may order summary suspension if it concludes that probable cause exists that
the allegations are true and that the licensee's continued practice
imperatively requires emergency action to protect the public health, safety, or
welfare. The Board shall incorporate a finding to that effect in its order
granting summary suspension.
(g) No
summary suspension shall be effective until the Board has adopted a written
order incorporating the reasons justifying its decision.
(h) The Board shall enter a written order
granting or denying summary suspension at the summary suspension proceeding or
within seven days after the proceeding. The Board shall send the order to the
licensee by U.S. mail and by email.
(i) Post-Deprivation Hearing.
(i) A licensee may request a post-deprivation
hearing within ten days from the date the summary suspension order is
entered.
(ii) If a licensee
requests a post-deprivation hearing, the Board shall conduct it within 30 days
of the licensee's request and notify the licensee of the date, time, and
location of the hearing.
(iii)
Post-deprivation hearings shall be conducted in the same manner as summary
suspension proceedings as articulated in Section
4(e) of this chapter. The
sole issue before the Board at a post-deprivation hearing shall be whether the
IC's allegations imperatively require emergency action to protect the public
health, safety, and welfare. The Board shall affirm its decision to summarily
suspend a license, and issue a written order to that effect, if it concludes
that the IC has proven the allegations by a preponderance of the evidence and
that the allegations imperatively require emergency action to protect the
public health, safety, or welfare.
(j) Unless earlier terminated by the Board or
a petition for discipline is filed under Section
6 of this chapter, summary suspensions
shall lapse 180 days after the written order granting summary suspension is
entered under subsection (h) of this section.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) An IC may recommend that the Board summarily suspend a license at any time when the IC or Board staff believes that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.
(b) The IC shall notify the licensee of its intent to recommend summary suspension. The Notice of Intent shall contain:
(i) A copy of the complaint, if any;
(ii) A description of the grounds for the summary suspension recommendation; and
(iii) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled.
(c) When the date and time of the summary suspension hearing is set, the Board staff shall notify the licensee of the date and time of the proceeding by mailing written notice and emailing electronic notice to the licensee's mailing and email addresses.
(d) The scope of the expedited summary suspension proceeding shall be limited to a presentation of the information the IC believes warrants summary suspension and any information the licensee may present on his or her behalf.
(e) Hearing Format.
(i) The IC shall describe the allegations that it believes warrant emergency action against the licensee.
(ii) The IC shall present information that demonstrates probable cause that the allegations are true.
(iii) The IC shall explain why the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.
(iv) The licensee, if present, may present any information demonstrating that the allegations are not true or that, even if the allegations are true, the licensee's continued practice does not imperatively require emergency action to protect the public health, safety, or welfare.
(f) The Board may order summary suspension if it concludes that probable cause exists that the allegations are true and that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare. The Board shall incorporate a finding to that effect in its order granting summary suspension.
(g) No summary suspension shall be effective until the Board has adopted a written order incorporating the reasons justifying its decision.
(h) The Board shall enter a written order granting or denying summary suspension at the summary suspension proceeding or within seven days after the proceeding. The Board shall send the order to the licensee by U.S. mail and by email.
(i) Post-Deprivation Hearing.
(i) A licensee may request a post-deprivation hearing within ten days from the date the summary suspension order is entered.
(ii) If a licensee requests a post-deprivation hearing, the Board shall conduct it within 30 days of the licensee's request and notify the licensee of the date, time, and location of the hearing.
(iii) Post-deprivation hearings shall be conducted in the same manner as summary suspension proceedings as articulated in Section 4(e) of this chapter. The sole issue before the Board at a post-deprivation hearing shall be whether the IC's allegations imperatively require emergency action to protect the public health, safety, and welfare. The Board shall affirm its decision to summarily suspend a license, and issue a written order to that effect, if it concludes that the IC has proven the allegations by a preponderance of the evidence and that the allegations imperatively require emergency action to protect the public health, safety, or welfare.
(j) Unless earlier terminated by the Board or a petition for discipline is filed under Section 6 of this chapter, summary suspensions shall lapse 180 days after the written order granting summary suspension is entered under subsection (h) of this section.