028-11 Wyo. Code R. §§ 11-6 - Hearing Procedure
(a) There shall be
a presumption of lawful service of a Notice of Intent, Petition, Notice of
Hearing, or any other communication required by these rules if sent by U.S.
mail to the address the licensee most recently supplied to the Board.
(b) The IC shall notify the licensee of its
intent to file a petition for disciplinary action. The Notice of Intent shall:
(i) Include a brief description of the facts
or conduct that warrant the intended action;
(ii) Include a description of the nature of
the discipline the IC intends to seek; and
(iii) Provide the Licensee no less than 30
days to show that the licensee has complied with all lawful license
requirements.
(c) The IC
shall initiate proceedings for disciplinary action by filing a Petition with
the Board office and serving a copy upon the licensee to the last known address
of the licensee by regular U.S. mail.
(d) A licensee may respond to the Petition by
filing an Answer admitting or denying the allegations in the Petition or by
filing a dispositive motion.
(e) A
licensee shall respond to a Petition within (20) days from the date the
Petition is filed with the Board office or, if the licensee files a dispositive
motion, from the date the dispositive motion is decided by entry of a written
order. Failure to respond to the Petition within this time may result in a
default judgment.
(f) When a
petition for disciplinary action is filed, the Board or a hearing officer
appointed by the Board shall begin a contested case proceeding. Board staff or
the hearing officer shall serve a Notice of Hearing, with the Petition
attached, on the applicant at least 30 days before the hearing. The notice of
hearing shall contain:
(i) The legal authority
for the Petition and statement of the Board's jurisdiction;
(ii) The facts justifying the disciplinary
action sought;
(iii) The statutory
provisions or Board rules the licensee is alleged to have violated;
(iv) The time, place, and nature of the
hearing; and
(v) Notice of the
burden and standard of proof.
(g) If a licensee fails to timely answer the
allegations in a Petition or appear at a noticed hearing, and upon the IC's
motion, the Board may enter default against the licensee. In entering default,
the Board may:
(i) Order that the factual
allegations in the Petition are to be taken as true for the purposes of the
hearing;
(ii) Order that the
licensee may not present evidence on some or all issues in the matter;
or
(iii) Any other relief the Board
determines is just.
(h)
The Board may set aside an entry of default for good cause.
(i) Any hearing officer appointed by the
Board shall preside over the contested case proceeding and shall conduct the
proceeding according to the Wyoming Administrative Procedure Act and Chapter 2
of the Office of Administrative Hearings rules as incorporated by reference in
Chapter 1.
(j) The IC shall bear
the burden to prove by clear and convincing evidence that the licensee violated
the Board's practice act or the Board's rules.
(k) The Board may resolve a discipline matter
by:
(i) Resolving a dispositive motion in
either party's favor;
(ii)
Accepting a settlement agreed on by both parties;
(iii) Granting a licensee's petition for
voluntary surrender in lieu of discipline under Section
5(a) of this
Chapter;
(iv) Conducting a
contested case hearing. Following the hearing and the Board's deliberation, the
Board may, as applicable:
(A) Find no
violation of the Board's practice act or rules and therefore:
(1) Impose no discipline on the licensee;
or
(2) Issue an Advisory
Letter.
(B) Find that the
licensee has violated the Board's practice act or rules and impose the
following discipline:
(1) Impose probationary
conditions;
(2) Suspend a license;
or
(3) Revoke a license.
(l) The Board
shall issue a written decision or order. The decision or order shall be sent by
U.S. Mail to the licensee and the licensee's attorney or representative, if
any.
(m) Board action is effective
on the date that the Board approves the written decision or order and it is
entered into the administrative record.
(n) Written board decisions or orders are
final agency action subject to judicial review according to the Wyoming
Administrative Procedure Act and the Wyoming Rules of Appellate
Procedure.
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) There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these rules if sent by U.S. mail to the address the licensee most recently supplied to the Board.
(b) The IC shall notify the licensee of its intent to file a petition for disciplinary action. The Notice of Intent shall:
(i) Include a brief description of the facts or conduct that warrant the intended action;
(ii) Include a description of the nature of the discipline the IC intends to seek; and
(iii) Provide the Licensee no less than 30 days to show that the licensee has complied with all lawful license requirements.
(c) The IC shall initiate proceedings for disciplinary action by filing a Petition with the Board office and serving a copy upon the licensee to the last known address of the licensee by regular U.S. mail.
(d) A licensee may respond to the Petition by filing an Answer admitting or denying the allegations in the Petition or by filing a dispositive motion.
(e) A licensee shall respond to a Petition within (20) days from the date the Petition is filed with the Board office or, if the licensee files a dispositive motion, from the date the dispositive motion is decided by entry of a written order. Failure to respond to the Petition within this time may result in a default judgment.
(f) When a petition for disciplinary action is filed, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing, with the Petition attached, on the applicant at least 30 days before the hearing. The notice of hearing shall contain:
(i) The legal authority for the Petition and statement of the Board's jurisdiction;
(ii) The facts justifying the disciplinary action sought;
(iii) The statutory provisions or Board rules the licensee is alleged to have violated;
(iv) The time, place, and nature of the hearing; and
(v) Notice of the burden and standard of proof.
(g) If a licensee fails to timely answer the allegations in a Petition or appear at a noticed hearing, and upon the IC's motion, the Board may enter default against the licensee. In entering default, the Board may:
(i) Order that the factual allegations in the Petition are to be taken as true for the purposes of the hearing;
(ii) Order that the licensee may not present evidence on some or all issues in the matter; or
(iii) Any other relief the Board determines is just.
(h) The Board may set aside an entry of default for good cause.
(i) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1.
(j) The IC shall bear the burden to prove by clear and convincing evidence that the licensee violated the Board's practice act or the Board's rules.
(k) The Board may resolve a discipline matter by:
(i) Resolving a dispositive motion in either party's favor;
(ii) Accepting a settlement agreed on by both parties;
(iii) Granting a licensee's petition for voluntary surrender in lieu of discipline under Section 5(a) of this Chapter;
(iv) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may, as applicable:
(A) Find no violation of the Board's practice act or rules and therefore:
(1) Impose no discipline on the licensee; or
(2) Issue an Advisory Letter.
(B) Find that the licensee has violated the Board's practice act or rules and impose the following discipline:
(1) Impose probationary conditions;
(2) Suspend a license; or
(3) Revoke a license.
(l) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the licensee and the licensee's attorney or representative, if any.
(m) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.
(n) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.