062-12 Wyo. Code R. §§ 12-4 - Summary Suspension

(a) An IC may recommend that the Board summarily suspend a license or certificate at any time when the IC or Board staff believes that the license or certificate holder's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(b) The IC shall notify the license or certificate holder 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 license or certificate holder of the date and time of the proceeding by mailing written notice and emailing electronic notice to the license or certificate holder'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 license or certificate holder 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 license or certificate holder.

(ii) The IC shall present information that demonstrates probable cause that the allegations are true.

(iii) The IC shall explain why the license or certificate holder's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(iv) The license or certificate holder, if present, may present any information demonstrating that the allegations are not true or that, even if the allegations are true, the license or certificate holder'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 license or certificate holder'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 (7) days after the proceeding. The Board shall send the order to the license or certificate holder by U.S. mail and by email.

(j) Post-Deprivation Hearing.

(i) A license or certificate holder may request a post-deprivation hearing within ten (10) days from the date the summary suspension order is entered.

(ii) If a license or certificate holder requests a post-deprivation hearing, the Board shall conduct it within thirty (30) days of the license or certificate holder's request and notify the license or certificate holder 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 or certificate, 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.

(k) 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

062-12 Wyo. Code R. §§ 12-4

Adopted, Eff. 4/7/2022.