062-12 Wyo. Code R. §§ 12-6 - 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 license or certificate holder most recently supplied to the Board.

(b) The IC shall notify the license or certificate holder 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 license or certificate holder no less than thirty (30) days to show that the license or certificate holder has complied with all lawful license or certificate requirements.

(c) The IC shall initiate proceedings for disciplinary action by filing a Petition with the Board office and serving a copy upon the license or certificate holder to the last known address of the license or certificate holder by regular U.S. mail.

(d) A license or certificate holder 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 license or certificate holder shall respond to a Petition within twenty (20) days from the date the Petition is filed with the Board office or, if the license or certificate holder 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 thirty (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 license or certificate holder 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 license or certificate holder 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 license or certificate holder. 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 license or certificate holder 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.

(j) 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.

(k) The IC shall bear the burden to prove by clear and convincing evidence that the license or certificate holder violated the Board's practice act or the Board's rules.

(l) 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 license or certificate holder'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 impose no discipline on the license or certificate holder;

(B) Find that the license or certificate holder has violated the Board's practice act or rules and impose the following discipline:

(I) Revoke the license or certificate;

(II) Suspend the license or certificate;

(III) Restrict the license or certificate;

(IV) Condition the license or certificate;

(V) Reprimand the licensee or certificate; or

(VI) Refuse to renew the license or certificate.

(m) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the license or certificate holder and the license or certificate holder's attorney or representative, if any.

(n) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(o) Written Board decisions or orders are final agency action and subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

Notes

062-12 Wyo. Code R. §§ 12-6

Adopted, Eff. 4/7/2022.