020-2 Wyo. Code R. §§ 2-5 - Enforcement

(a) The Department may issue Notices of Violation and Orders pursuant to W.S. § 35-11-701.

(b) Licensee initiative for self-identification and correction of problems is encouraged. The Department will generally not issue Notices of Violation for a violation that:

(i) Was identified by the licensee;

(ii) Results in low or no health and safety consequences;

(iii) Was documented, in writing, for review by the Department;

(iv) Was or will be corrected, including measures to prevent recurrence, within ninety (90) days, or another time frame approved by the Department; and

(v) Was not a violation that could reasonably be expected to have been prevented by the licensee's corrective action for a previous violation.

(c) Licensees are not ordinarily cited for violations resulting from matters outside of their control, such as equipment failures that were not avoidable by reasonable quality assurance measures. However, licensees are held responsible for acts of their employees. Accordingly, the rules should not be construed to excuse personnel errors.

(d) At the discretion of the Department, and in accordance with W.S. § 35-11-701, licensees may have the opportunity to eliminate or correct the violation before the issuance of a Notice of Violation if that violation results in low or no health and safety consequences and can be eliminated or corrected in an expedient manner.

Notes

020-2 Wyo. Code R. §§ 2-5

Adopted, Eff. 9/8/2017.