Wyoming Administrative Rules 079 — Nursing Home Administrators

354 Nursing Home Administrators

Chapter 1 General Provisions

Wyo. Code R. 079.0001.1.12192019 § 1 Authority

These rules and regulations are promulgated by the Wyoming State Board of Nursing Home Administrators (Board) pursuant to its authority under the Act and pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101, et seq.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.1.12192019 § 2 Statement of Purpose

These rules and regulations are adopted to implement the authority of the Board to:

(a) Regulate the qualifications and standards of performance of persons licensed as Nursing Home Administrators in Wyoming;

(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards;

(c) Issue licenses to qualified individuals who have met required standards and suspend or revoke licenses previously issued by the Board in any case where the licensee is determined to have failed to conform to the requirements of standards;

(d) Establish and carry out procedures designed to insure that licensees comply with the requirements of such standards;

(e) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the Board to the effect that any licensee has failed to comply with the requirements of standards, the Act or Board rules and regulations; and

(f) Conduct investigations, hearings and proceedings concerning alleged violations and to administer appropriate disciplinary action against licensees for proven violations.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.1.12192019 § 3 Severability

If any provision of these regulations or the application thereof to any person or circumstance is invalid, such invalidity shall not affect other provisions or application of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are declared to be severable.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.1.12192019 § 4 Definitions

(a) "Act" means W.S. 33-22-101 et seq., relating to Nursing Home Administrators.

(b) "Health service executive (HSE)" means an individual who has the leadership competencies required to be a nursing home administrator, assisted living community administrator, or home and community based service provider, and has been certified as a qualified health services executive by the NAB.

(c) "NAB" means the National Association of Long Term Care Administrator Boards.

(d) "Board" means the Wyoming Board of Nursing Home Administrators.

(e) "Nursing Home Administrator" shall mean a person who operates, manages, supervises, or is in charge of a health facility; a licensee; an administrator; a respondent.

(f) "Passing Score" means a scaled score as determined by the testing service for the national exam.

(g) "Preceptor" means a Wyoming licensed nursing home administrator who has completed the NAB Preceptor Online Module Course and who has been approved by the Board.

(h) "Provisional License" means a license that has been granted by the Board to an applicant who is otherwise qualified, but not yet passed the national exam and/or completed an AIT program.

(i) "Resident" means individual residing in and receiving care in a health facility.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.1.12192019 § 6 Board Meetings

(a) The Board shall meet at least once annually to transact its business. The first meeting of each year shall be designated as the annual meeting for the purpose of electing officers, establishing dates of board meetings for the coming year and Board reorganization and planning. The Board may meet at other times as deemed necessary to transact its business.

(b) Notice of Board meetings shall be given to any person who requests notice. The notice shall specify the time and place of the meeting and the business to be transacted.

(c) All meetings shall be open to the public. The Board may conduct executive sessions in accordance with W.S. 16-4-105.

(d) A written record shall be kept of all meetings and shall be retained as the permanent record of the transactions of the Board.

(e) For the purposes of conducting business during a Board meeting, a quorum shall consist of a majority of the voting members.

History

• Effective 2019-12-19

Chapter 2 Licensure Requirements

Wyo. Code R. 079.0001.2.12192019 § 1 License Required

No individual shall perform any function specifically authorized for a Nursing Home Administrator nor function as a Nursing Home Administrator nor represent himself as a Nursing Home Administrator unless licensed by the Board.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 2 Education Requirement

(a) Every applicant for licensure shall have earned a minimum of a college bachelor's degree from a college or university accredited by a body approved by the U.S. Department of Education.

(b) The requirement for a bachelor's degree does not apply to those individuals who were licensed prior to the effective date of these rules, held a current Wyoming Board of Nursing Home Administrators license as of November 12, 1996 and have maintained active Wyoming licensure since that date.

(c) The requirement for a bachelor's degree may be waived for individuals who have a minimum of an associate degree in Business Administration, Healthcare Administration, Public Health, Long Term Care Administration, Gerontology, Nursing or other healthcare or business-related discipline that may be deemed acceptable at the discretion of the Board.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 3 Administrator in Training (AIT) Program

(a) Every applicant for licensure shall have completed 500 hours of administrator-in-training under the supervision of a Board-approved preceptor, 8 hours of which must be direct training between the applicant and preceptor either in person or through videoconference, or has completed an AIT program from another state having equal or equivalent standards.

(b) The requirement for administrator-in-training may be waived by the Board if the candidate has been employed for two (2) or more years as a Nursing Home Administrator or similar facility administrator within the last five (5) years, or has met the qualifications for the health services executive (HSE) as established by the NAB, which are in effect on January 1, 2017.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 4 Examination Requirement

(a) Every applicant for licensure shall have successfully completed a national Nursing Home Administrator licensing examination with a passing score.

(b) Candidates who fail the exam three (3) times are not eligible to take the exam again for one year following the third attempt and must prove they completed additional education in the field of long term care administration during that one (1) year period. Such a candidate must submit a new application form, pay all applicable fees, and obtain all required verifications to be eligible to take the test again.

(c) Applications and fees are void one (1) year after the application form is received by the Board if no action has been taken.

(d) Examination results are considered void one (1) year after the date the examination was taken if the applicant does not become fully licensed.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 5 Temporary License

(a) A temporary license may be granted by the Board.

(i) To an applicant holds an active Nursing Home Administrator license in another jurisdiction, which is in good standing, and

(ii) Who has been employed as a Nursing Home Administrator for at least two (2) of the five (5) years immediately preceding the date the application is submitted.

(b) Temporary licenses expire ninety (90) days from the date of issuance.

(c) To request a temporary license the applicant shall submit to the Board;

(i) A completed application and fee,

(ii) The temporary license fee, and

(iii) A verification of an active Nursing Home Administrator license, in good standing, from another jurisdiction.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 6 License by Endorsement

(a) Applicants must submit the following:

(i) A completed application and fees,

(ii) Evidence of holding a current license in good standing in another jurisdiction, that has standards or requirements for licensure that are at least equivalent to the Board's;

(iii) Has been employed as a Nursing Home Administrator for at least two (2) of the preceding five (5) years, or has met the qualifications for the HSE as established by the NAB, which are in effect on January 1, 2017; and

(iv) Two (2) letters of recommendation from professional associates, attesting to the applicant's ability to perform as a Nursing Home Administrator.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 7 License by Examination

(a) Applicants shall submit the following:

(i) A completed application and fees;

(ii) Official transcripts indicating the award of a bachelor's degree or an associate degree, pursuant to Section 2;

(iii) Two (2) letters of recommendation from professional associates, attesting to the applicant's ability to perform as a Nursing Home Administrator;

(iv) Verification of completion of AIT; and

(v) Official passing scores of the Nursing Home Administrator licensing examination as stated in Section 4 of this chapter.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 8 Provisional License

(a) The applicant shall submit:

(i) A completed application and fees;

(ii) Official transcripts indicating the award of a bachelor's degree or an associate degree, pursuant to Section 2;

(iii) Two (2) letters of recommendation from professional associates, attesting to the applicant's ability to perform as a Nursing Home Administrator; and

(iv) Board AIT/Preceptor forms.

(b) The provisional license shall expire six (6) months from the date of issuance.

(c) A one-time extension of not more than sixty (60) days may be granted if requested at least fifteen (15) calendar days prior to the expiration of the provisional license.

(d) Upon evidence of passing the national exam and completing an AIT program, the license shall convert to full licensure.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 9 Application Review Process

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(a) Upon receipt of a completed application, the Board Office shall review the application and if it is complete and, if there are no known grounds for denial of the license requested, issue the license. If there are known grounds for denial, the Board Office shall forward the application to the Application Review Board Member (ARBM).

(b) The ARBM shall review the application and all other information available and following the review may:

(i) Approve the application if the applicant meets all requirements, or

(ii) If there are questions as to whether denial is appropriate, forward the application and an ARBM report to the Assistant Attorney General assigned to the Board for prosecution to review.

(c) If, after review, the ARBM and Assistant Attorney General recommend denial of an application:

(i) A preliminary denial letter shall be sent to applicant. The letter shall state the basis for the denial including relevant statutes and rules; and

(ii) Advise the applicant of the right to request reconsideration.

(d) If the applicant fails to request reconsideration in writing within 30 days of the date of the preliminary denial letter, the preliminary denial becomes final.

(e) If the applicant requests reconsideration within thirty (30) days, a reconsideration conference shall be held with the ARBM, the Assistant Attorney General, and the applicant.

(f) Following a reconsideration conference, the ARBM shall either approve or deny the application.

(g) If denied, the applicant must submit a written request for a hearing within thirty (30) days of the date of the denial letter.

(h) Application denial hearings:

(i) An application denial hearing is a formal contested case hearing conducted pursuant to the Wyoming Administrative Procedure Act.

(ii) The hearing is to be conducted in the presence of a quorum of the Board, and follow the process set forth in Chapter 11. Section 4.

(iii) The applicant has the burden of proving that he/she meets all requirements for the license requested.

(i) The ARBM shall not take part in the consideration of any contested case.

(j) The ARBM shall not, by this rule, be barred from attending any contested case hearing.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 10 License Renewal

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(a) All licenses issued by the Board expire on December 31 each year.

(i) The Board shall mail a renewal notice to active licensees at their address of record no later than thirty (30) days before the license expiration date.

(ii) In order to avoid paying a late fee license renewal applications with appropriate fee and documentation must be postmarked no later than the expiration date.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 11 Continuing Education

(a) As a condition of renewal, each licensee shall provide evidence of completion of twenty five (25) hours of continuing education every year.

(i) Continuing education hours submitted for renewal must be obtained during the current license year, or one year prior.

(ii) The continuing education requirement is waived for all licensees during the first calendar year they are licensed in Wyoming.

(iii) Continuing education requirements may be fulfilled through in-service, coursework, conference or workshop attendance, in person, online, tele-conference, or other means as deemed adequate by the Board.

(iv) All continuing education shall have significant intellectual or practical content with the primary objective being to increase the licensee's competence in nursing home administration. Continuing education shall constitute an organized program of learning consisting of matters directly related to nursing home administration.

(v) The licensee shall send a listing of the continuing education hours to the Board on a form approved by the Board. Licensee shall also attach copies of any certificates of attendance, letters certifying attendance, transcripts or any official documents which serve as proof of participation or attendance.

(vi) Licensees are responsible for maintaining their own continuing education files. Prior to the license renewal date, the licensee will receive notice to submit copies to the Board for review.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 12 Failure to Renew

(a) A licensee who fails to renew a license shall have one (1) calendar year from the expiration date to renew the expired license by submitting the following to the Board;

(i) The renewal application,

(ii) Documentation of any continuing education hours that may be required,

(iii) Both the renewal fee and the late fee.

(b) A licensee who fails to renew the licensure by the December 31 expiration date and continues to practice, is unlawfully practicing without a license, subject to the penalties provided for violation(s) of the Wyoming Nursing Home Administrators Act, including W.S. 33-22-110 and shall apply for re-licensure in order to legally practice nursing home administration in the State of Wyoming.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.2.12192019 § 13 Reinstatement After Disciplinary Action

(a) A licensee whose license has been suspended may petition the Board for reinstatement of the license thirty (30) days before the end of the suspension period.

(i) A petition for reinstatement shall be accompanied by at least two (2) verified recommendations from licensed Nursing Home Administrators and by at least two (2) recommendations from individuals each having personal knowledge of the activities of the licensee since the disciplinary action was imposed.

(ii) A petition for reinstatement shall be considered at the next Board meeting.

(iii) Any petition for reinstatement of a license shall be acted upon by the Board within one hundred and eighty (180) days after the filing of a proper petition and the accompanying documents.

(iv) A licensee whose license is reinstated shall pay the renewal fee for the year in which the license is reinstated.

History

• Effective 2019-12-19

Chapter 4 Fees

Wyo. Code R. 079.0001.4.12192019 § 1 General Information

(a) A copy of the current fee schedule shall be available on the Board's website.

(b) Fees shall be paid in the exact amount, by money order or cashier's check or credit card and shall be paid in advance of the services rendered. Fees for renewal of licensure may be paid by personal check.

(c) All fees collected by the Board are non-refundable.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.4.12192019 § 2 Fees

(a) Services for which the Board charges a fee shall include but is not limited to the following schedule:

(i) Application Fee..........................................................$350.00

(ii) Provisional License fee..............................................$400.00

(iii) Annual License Renewal Fee....................................$300.00

(iv) Late Renewal Fee ….................................................$100.00

(v) Temporary License Fee .............................................$ 50.00

(vi) License Verification...................................................$ 30.00

(vii) Duplicate Certificate..................................................$ 30.00

(viii) Credit Card Processing Fee ………………………..$ 5.00

(ix) In accordance with W.S. 1-1-115 the Board may charge a collection fee for any returned checks.

(b) The Board incorporates the rules found in Chapter 2 of the Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information, effective September 6, 2016. Found at: https://rules.wyo.gov under Reference Number: 006.0011.2.09062106.

(c) For these rules incorporated by reference:

(i) The Board determined that incorporation of the full text in these rules would be cumbersome, or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments, or editions of the incorporated matter beyond the applicable date identified in subsection (b) other section; and

(iii) The incorporated rules are maintained at the Board's office and are available for public inspection and copy at the same location.

History

• Effective 2019-12-19

Chapter 5 Standards of Practice

Wyo. Code R. 079.0001.5.02122019 § 1 Standards relating to the licensed Nursing Home Administrator's responsibility to apply the Administrative process

(a) Nursing Home Administrators shall abide by the National Association of Boards of Examiners for Nursing Home Administrators Standards of Practice and shall:

(i) Develop long and short range objectives in order to assure that facility programs and resident care are maintained and improved;

(ii) Interpret the philosophy and goals of the facility in order to provide staff with adequate information to select appropriate objectives to attain the goals;

(iii) Set an example of good resident relations and care for staff by demonstrating desired supervisory techniques and resident and family interaction;

(iv) Delegate responsibility and authority to appropriate staff in order to carry out the work of the facility;

(v) Evaluate the quality of resident care and the efficiency of services in order to maintain care standards by reviewing the facility's goals, objectives, resident care plans and adherence to management policy and procedures;

(vi) Coordinate department activities to assure departments work together toward the achievement of goals and activities by developing an information and communication system;

(vii) Communicate with staff to solve problems by the utilization of the appropriate communication techniques such as staff meetings, department head meetings, counseling and coordination of written information;

(viii) Prepare an annual budget of the facility in order to appropriately allocate resources to meet the facility's financial and program objectives and to prepare in advance potential cost control and managerial actions which may be required;

(ix) Evaluate the implication of budget on quality of care;

(x) Ensure that the facility complies with federal, state and local laws and regulations to meet standards of quality resident care;

(xi) Maintain a safe and productive working environment for staff in order to provide quality care through the use of regular inspections, allocation of resources for facility maintenance and construction and periodic evaluations of staff morale and productivity;

(xii) Establish and maintain programs which enhance relationships among residents, their families and the facility;

(xiii) Assure compliance with federal and state regulations as they relate to the facility, staffing and resident care; and

(xiv) Evaluate staff work procedures and policies to assure compliance with federal and state regulations.

History

• Effective 2019-02-12

Wyo. Code R. 079.0001.5.02122019 § 2 Standards relating to the licensed Nursing Home Administrator's responsibility to provide quality resident care

. The Nursing Home Administrator shall:

(a) Ensure quality resident care through planning, implementation and evaluation of all nursing services;

(b) Recruit and hire facility staff and provide them with ongoing education in order to assure quality care for the long-term care resident;

(c) Obtain and coordinate consultant services as needed for total care b; matching needs of residents with the services of consultants.

(d) Meet regularly with health care team to assure good care is being delivered;

(e) Recruit (when applicable) a qualified medical director and develop a professional relationship with the medical director that ensures a well planned and implemented medical care program;

(f) Maintain strong relationships with community medical practitioners including attending physicians and physician extenders;

(g) Encourage communication between facility staff and the residents in order to assure a caring environment with appropriate nursing and psychosocial services; and

(h) Develop facility standards for resident care by identifying those factors which affect care, as well as variables within each factor which can be adjusted and evaluated.

History

• Effective 2019-02-12

Wyo. Code R. 079.0001.5.02122019 § 3 Standards relating to the licensed Nursing Home Administrator's responsibility to provide for the management of long term care personnel

. The Nursing Home Administrator shall:

(a) Coordinate the development, implementation and dissemination of written personnel policies and procedures including job descriptions, employee expectations, employer benefits and performance appraisal processes;

(b) Demonstrate adherence to established personnel policies and procedures;

(c) Establish clear lines of authority and responsibility among the staff in order to assure understanding and the production of quality work;

(d) Recruit and hire departmental supervisors who are qualified to meet the requirements of their position;

(e) Plan, implement and evaluate a training program to facilitate adjustment of employees to the organization and the job through appropriate educational methodology; and

(f) Plan, implement and evaluate a program which shall provide an opportunity for the personal growth and development of employees through a performance evaluation process.

History

• Effective 2019-02-12

Wyo. Code R. 079.0001.5.02122019 § 4 Standards relating to the licensed Nursing Home Administrator's responsibility to establish and apply physical resource management/safety plans

. The Nursing Home Administrator shall:

(a) Plan, implement and evaluate a program for maintenance of building, grounds and equipment;

(b) Plan, implement and evaluate a program of environmental services, which shall provide a clean and attractive home for residents;

(c) Implement and evaluate a safety plan which shall ensure the health, welfare and safety of residents, staff and visitors; and

(d) Plan, implement and evaluate employee health, safety and educational programs which minimize the exposure to liability.

History

• Effective 2019-02-12

Chapter 7 Revocation, Suspension, Refusal & Pursuing Prosecution for Violations

Wyo. Code R. 079.0001.7.02122019 Revocation, Suspension, Refusal & Pursuing Prosecution for Violations

CHAPTER 7

REVOCATION, SUSPENSION, REFUSAL AND PURSUING PROSECUTION FOR VIOLATIONS

Section 1. Grounds.

(a) The Board may revoke, suspend, refuse to issue or renew or place conditions upon a license based upon the following:

(i) Conviction of any felony or misdemeanor involving moral turpitude, in which case a certified copy of conviction shall be conclusive evidence.

(ii) Soliciting residents by any form of false, deceptive or misleading communication including advertisements.

(iii) Unprofessional or unethical conduct.

(iv) Gross incompetence or malpractice.

(v) Knowingly submitting false information to the Board.

(vi) Mental or physical incompetency as to render the licensee unable to perform with reasonable skill and safety.

(vii) Incompetent or negligent practice.

(viii) Intemperate use of alcohol or controlled substances.

(ix) Violation of the Wyoming Controlled Substances Act.

(x) Violation of the Act or Board rules and regulations.

(xi) Violation of any state or federal law relating to operation or licensing of nursing homes or other health care facility.

(xii) Fraud, deceit or misrepresentation in the capacity of a Nursing Home Administrator.

(xiii) Practice without a current license issued by the Board.

(xiv) Transfer or surrender possession of a license to any other person.

(xv) Failing to exercise regard for the safety, health or life of a resident or acting in a manner inconsistent with the health or safety of a resident.

(xvi) Discrimination of residents, employees or staff on the basis of race, religion, color, national origin or handicap.

(xvii) Exploitation of a resident to continue in the health facility or nursing facility where the licensee is administrator.

(xviii) Delegating responsibilities to a person who is not qualified by training, experience or license.

(xix) Abuse, neglect or misappropriation of property or funds of a resident.

Section 2. Emergency Suspension of License. The Board may summarily suspend a license if it deems that the public health, safety or welfare imperatively requires emergency action. The Board shall notify licensee of the grounds for suspension immediately and shall afford a hearing in the matter with reasonable expediency.

Section 3. Notation upon License. Upon disciplinary action being taken against a licensee, the disposition of the license shall be noted and dated upon the license.

History

• Effective 2019-02-12

Chapter 9 Reinstatement of License after Suspension or Revocation

Wyo. Code R. 079.0001.9.12151994 Reinstatement of License after Suspension or Revocation

CHAPTER 9

REINSTATEMENT OF LICENSE AFTER SUSPENSION OR REVOCATION

Section 1. Reinstatement After Disciplinary Action. A licensee whose license has been suspended may petition the Board for reinstatement of the license thirty (30) days before the end of the suspension period.

Section 2. Procedures for Reinstatement.

(a) A petition for reinstatement shall be accompanied by at least two (2) verified recommendations from licensed Nursing Home Administrators and by at least two (2) recommendations from individuals each having personal knowledge of the activities of the licensee since the disciplinary action was imposed.

(b) A petition for reinstatement shall be considered at the next Board meeting but not within thirty (30) days after the petition was filed.

(c) Any petition for reinstatement of a license shall be acted upon by the Board within one hundred and eighty (180) days after the filing of a proper petition and the accompanying documents.

(d) If a formal hearing is held on the petition, at least thirty (30) days notice shall be given by sending a notice of hearing by certified or registered mail to the last known address indicated in the records of the Board. Notice may also be given by personal service.

(e) The hearing procedure shall be conducted in accordance with Chapter VIII of these rules and the Wyoming Administrative Procedure Act.

Section 3. License Renewal Fees. A licensee whose license is reinstated shall pay the renewal fee for the year in which the license is reinstated.

History

• Effective 1994-12-15

Chapter 10 Information Practices

Wyo. Code R. 079.0001.10.12192019 § 1 Disclosure

(a) The disclosure of confidential records and public records shall be governed by Wyoming Public Records Act, W.S. 16‑4‑201 through 16-4-204.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.10.12192019 § 2 Access

(a) Any licensee, prospective licensee or others with the licensee's notarized written consent may personally inspect the contents of a respective Board's file except for personal recommendations, and unofficial complaints.

(b) Record inspection shall take place under the following conditions:

(i) An appointment shall be made to review the file during regular business hours at the offices of the Board;

(ii) In the presence of a Board member or a representative of its administrative staff; and

(iii) Original documents shall remain with the Board but may be copied at the Board's office. Ccopy fees will be in accordance with Chapter 4, Section 2(b) of these rules.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.10.12192019 § 3 Correction and Amendment

Any licensee or prospective licensee may clarify erroneous, inaccurate or misleading information in their file by submitting a written statement to the Board which shall be placed in the file.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.10.12192019 § 4 Change of Name and/or Address

(a) A licensee shall notify the Board in writing of any change in legal name within thirty (30) days. A copy of the legal document changing the name must be submitted with the written request and fee.

(b) A licensee shall notify the Board of any change of home or professional mailing addresses and telephone numbers within thirty (30) days.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.10.12192019 § 5 Verification of Licensure to Another Jurisdiction

Upon receipt of a written request for verification of licensure and the required fee, the Board shall provide the information to the jurisdiction specified by the licensee.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.10.12192019 § 6 Requests for Roster of Licensees

(a) The roster shall be made available upon request, free of charge, in an electronic format.

History

• Effective 2019-12-19

Chapter 11 Complaints and Hearing Process

Wyo. Code R. 079.0001.11.12192019 § 1 Complaints

(a) A disciplinary action is initiated against a licensee by submitting a written complaint to the Board office. A complaint concerning an alleged violation of the Act or Board Rules may be submitted by any person or entity, a Board member, or a Board staff member. The written complaint should provide as much of the following information as may be available and applicable:

(i) The name and address of the complainant,

(ii) The name, address, place of employment, and telephone number of the licensee against whom the charges are made,

(iii) The specific conduct alleged to constitute the violation,

(iv) The name and address of any other witnesses, and

(v) The signature of the complainant.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.11.12192019 § 2 Investigation and Board Action

(a) Written complaints shall be referred to an Investigative Board Member (IBM) selected by Board staff from a rotating schedule. Licensees against whom charges are made will be advised of the investigation, and the nature of the complaint.

(i) The IBM shall not take part in the consideration of any contested case.

(ii) The IBM shall not, by this rule, be barred from attending any contested case hearing.

(b) Upon completion of the investigation, the IBM may:

(i) Recommend dismissal of the complaint;

(ii) Recommend issuance of a notice of warning;

(iii) Recommend approval of a settlement agreement, which may include a reprimand, conditions, restrictions, suspension, voluntary surrender, other discipline, or a combination thereof;

(iv) Recommend disciplinary action, which may include a reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof.

(c) Voluntary Surrender. A licensee may petition the Board in writing to surrender his or her license voluntarily. The Board shall hold an expedited proceeding at its earliest convenience to consider a petition under this section. The Board may accept or reject the petition for voluntary surrender and may consider whether the licensee is under investigation.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.11.12192019 § 3 Service of Notice

(a) The IBM shall notify the licensee of his or her recommended action.

(i) The notice shall:

(A) Include a brief description of facts or conduct which warrant the intended action; and

(B) Provide the licensee an opportunity to respond to the action within twenty (20) days of the date of the mailing.

(ii) The licensee may request a contested case hearing.

(A) The request for a contested case hearing shall be in writing and within the twenty (20) days permitted to respond to the IBM's recommended decision.

(B) If a contested case hearing is requested the IBM shall initiate formal proceedings for disciplinary action by serving a petition and notice of hearing to the licensee.

(b) Informal Conference. The licensee may request an informal conference with the IBM to provide any additional information or to resolve an administrative complaint without a hearing.

(c) If the licensee does not provide a written response within twenty (20) days, the IBM shall provide the Board with his or her recommended decision for approval or rejection by the Board.

(i) The IBM shall notify the licensee of the date and time that the recommendation will be presented to the Board.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.11.12192019 § 4 Rules of Procedures

(a) All contested case hearings shall be sent to the Office of Administrative Hearings (OAH) in order for OAH to conduct the hearing and issue a recommended decision.

(b) Upon receipt of the recommended decision the Board shall issue a final decision.

(c) The Board incorporates the administrative practice and procedure rules found in Chapter 2 of the Uniform Rules for Contested Case Practice and Procedure adopted by the Office of Administrative Hearings and effective July 20, 2017. These rules can be found at https://rules.wyo.gov, Reference Number 270.0001.2.07202017.

(i) The Board determined that incorporation of the full text of this rule would be cumbersome and inefficient given the length and nature of the rules.

(ii) This incorporation by reference in subsection (a) does not include any later amendments or editions of the incorporated matter beyond the applicable date identified.

(iii) A copy of the incorporated rule is available for public inspection or copying at the Board office.

History

• Effective 2019-12-19

Wyo. Code R. 079.0001.11.12192019 § 6 Appeals

A Petition for Judicial Review of the Board decision may be filed in the district court in accordance with the Wyoming Rules of Appellate Procedure.

History

• Effective 2019-12-19