052-7 Wyo. Code R. §§ 7-5 - Informal interview
(a) The
interviewers shall investigate the allegations against the licensee of conduct
that may violate the Act and, where circumstances warrant, conduct an informal
interview.
(b) The interviewers may
conduct the informal interview with or without assistance of the board
prosecutor. If the licensee notifies the board of representation by counsel,
the board prosecutor shall participate in the interview. Notice by the licensee
of intent to be represented by counsel shall be sent to the board in
writing.
(c) The interviewers are
the agents and representatives of the board.
(d) The informal interview is to determine
whether: the allegations may constitute a violation of the Act; a mental,
physical, or medical skills or knowledge examination of the licensee is
warranted; further investigation is warranted; additional charges should be
brought; resolution of the complaint without further proceedings is possible;
and, a contested case hearing should be pursued.
(e) The informal interview may be conducted
by electronic means if the interviewers determine that the purpose of the
interview can be achieved in such manner.
(f) The interviewers, board prosecutor,
licensee and/or licensee's counsel may discuss stipulation, dismissal, the
consent decrees, restrictions or any other pertinent procedural or substantive
information.
(g) An electronic or
stenographic record may be made and shall, if made, become part of the
confidential files of the board.
(h) An informal interview is not subject to
strict legal procedural or evidentiary rules. Informal interviews are not open
to the public nor is their occurrence a matter of public record.
(i) If the alleged conduct is not within the
Board's jurisdiction, or would not constitute a violation of the act, board
staff shall provide the interviewers' reason(s) for the closure of the
complaint to the officers at the next complaint screening. If the board
officers agree that the case should be closed, board staff shall notify the
complainant and the respondent, and the closure shall be noted on the ledger.
If the board officers determine the complaint should not be closed, they may
direct board staff to return the complaint to the interviewers with direction
for next steps to be taken in investigating the complaint.
(j) If mental, physical competency or medical
competency examinations are ordered by the officers, the results of any
examinations shall be provided to the licensee and the interviewers prior to
any further board action.
(k)
Following notice by the interviewers of their intent to conduct an informal
interview, the licensee may, at any time, waive the right to an informal
interview. Waiver of the informal interview process must be made in writing,
signed by the licensee, and his attorney if represented, and sent to the Board
before the scheduled informal interview. A licensee's waiver of the informal
interview process shall not, in and of itself, constitute grounds for
additional charges of unprofessional conduct.
(l) Settlement or stipulation.
(i) Nothing in these rules shall preclude the
licensee and interviewers or petitioners from entering into, at any time before
the entry of a final order in a contested case hearing, a consent decree, nor
shall these rules preclude a voluntary request by the licensee for the
suspension, relinquishment or restriction of the licensee's license; provided,
however, that the Board may, but is not required to, grant or reject such a
request.
(ii) The reasons, grounds,
conditions and other provisions of any such consent decree, voluntary
relinquishment, suspension or restriction or other board action taken in lieu
of a contested case hearing shall be recorded in the docket file and become a
permanent part of the Board's confidential files; provided, however, that any
action taken by the board constituting a final action shall be a public
document as provided by the Act and the Board's rules.
(iii) Such consent decree or other action may
occur at any time prior to the announcement of a final decision after a
contested case hearing.
Notes
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