083-9 Wyo. Code R. §§ 9-3 - Hearing Procedure
(a) Upon receiving a written request for a
hearing from an applicant, 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 on the applicant at least 30 days
before the hearing. The Notice of Hearing shall contain:
(i) A brief statement of the matters
asserted, including:
(A) The ARC's
recommendation;
(B) The facts upon
which the recommendation is based; and
(C) The statutory provisions or Board rules
the applicant is alleged to have violated or failed to meet to qualify for
licensure.
(ii) The
time, place, and nature of the hearing;
(iii) The legal authority and jurisdiction of
the Board; and
(iv) Notice of the
burden and standard of proof.
(b) 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.
(c) The applicant shall
bear the burden to prove by a preponderance of the evidence that he or she
meets the qualifications for licensure. The burden of production shall shift to
the ARC to prove by clear and convincing evidence that the applicant should not
be granted an unrestricted license or license subject to discipline. The burden
of production then shifts to the applicant to demonstrate that the ARC's
grounds for denial or issuance of a license subject to conditions or
restrictions are insufficient and that the applicant is entitled to
licensure.
(d) The Board may
resolve an application matter by:
(i) Adopting
the ARC's recommendation without a hearing if the applicant did not request a
hearing;
(ii) Resolving a
dispositive motion in either party's favor;
(iii) Conducting a contested case hearing.
Following the hearing and the Board's deliberation, the Board may:
(A) Issue, renew, relicense, or reinstate a
license;
(B) Issue, renew,
relicense, or reinstate a license with conditions, restrictions, or other
disciplinary action;
(C) Deny a
license, renewal, re-entry, or reinstatement;
(e) The Board shall issue a written decision
or order. The decision or order shall be sent by U.S. Mail to the applicant and
the applicant's attorney or representative, if any.
(i) Board action is effective on the date
that the Board approves the written decision or order and it is entered into
the administrative record.
(ii)
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
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