052-7 Wyo. Code R. §§ 7-20 - Proceedings to deny an application for licensure
(a)
If the application review committee recommends that an application for
licensure or reactivation of a license be denied, or if after a licensure
interview the Board refers an application to the application review committee
for proceedings to deny an application for initial licensure or reactivation of
a license, any proceedings shall be conducted pursuant to these
rules.
(b) In the course of
proceedings to deny an application for licensure or reactivation of a license,
the applicant shall be designated "petitioner." The application review
committee members shall be designated "respondents."
(c) The petitioner shall have the burden to
prove, by a preponderance of evidence, that he meets all requirements for
licensure or reactivation of his license, and that he can safely and skillfully
practice medicine. Upon completion of the petitioner's case, the respondents
shall have the burden to prove, by clear and convincing evidence, that the
petitioner fails to meet all requirements for licensure or reactivation of his
license, or is unable to safely and skillfully practice medicine.
(d) After a hearing before the board to deny
an application for licensure or reactivation of a license, the board shall
issue specific findings of fact, conclusions of law and a final order:
(i) Granting a license without restrictions
or conditions;
(ii) Granting a
license subject to restrictions or conditions;
(iii) Denying issuance of a license;
or,
(iv) Taking such action as the
board deems appropriate and just in the circumstances.
(e) An applicant whose application for
licensure or for reactivation of a license is denied may appeal such final
order to the district court pursuant to W.S. 16-3-114.
Notes
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(a) If the application review committee recommends that an application for licensure or reactivation of a license be denied, or if after a licensure interview the Board refers an application to the application review committee for proceedings to deny an application for initial licensure or reactivation of a license, any proceedings shall be conducted pursuant to these rules.
(b) In the course of proceedings to deny an application for licensure or reactivation of a license, the applicant shall be designated "petitioner." The application review committee members shall be designated "respondents."
(c) The petitioner shall have the burden to prove, by a preponderance of evidence, that he meets all requirements for licensure or reactivation of his license, and that he can safely and skillfully practice medicine. Upon completion of the petitioner's case, the respondents shall have the burden to prove, by clear and convincing evidence, that the petitioner fails to meet all requirements for licensure or reactivation of his license, or is unable to safely and skillfully practice medicine.
(d) After a hearing before the board to deny an application for licensure or reactivation of a license, the board shall issue specific findings of fact, conclusions of law and a final order:
(i) Granting a license without restrictions or conditions;
(ii) Granting a license subject to restrictions or conditions;
(iii) Denying issuance of a license; or,
(iv) Taking such action as the board deems appropriate and just in the circumstances.
(e) An applicant whose application for licensure or for reactivation of a license is denied may appeal such final order to the district court pursuant to W.S. 16-3-114.