reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0077 - Mental Health and Substance Use Disorder Services › Chapter 8 - ADMINISTRATIVE HEARINGS › Section 8-2 - Notice of Right to a Hearing

Current through July 13, 2024
(a) Individuals seeking services and clients.
				The Department shall provide notice at the time of any adverse action. The
				notice shall include:
(i) The individual's
				right to request a hearing;
(ii)
				The method for requesting a hearing;
(iii) The individual's right to be
				represented by an attorney licensed to practice law in the State of
				Wyoming;
(iv) The intended
				action;
(v) The effective date of
				the intended action;
(vi) The
				reasons for the intended action;
(vii) The specific regulations that support
				that action.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0077 - Mental Health and Substance Use Disorder Services › Chapter 8 - ADMINISTRATIVE HEARINGS › Section 8-3 - Request for an Administrative Hearing

Current through July 13, 2024
(a) A client or individual seeking services
				may request an administrative hearing. The request must be made in writing
				within ten (10) calendar days after the date of the determination letter. The
				request must be submitted via certified mail to the Wyoming Department of
				Health, Behavioral Health Division, Mental Health and Substance Use Disorder
				Services Section.
(b) A provider
				has the right to a hearing regarding an adverse action. The request must be
				made in writing ten (10) calendar days after the date of the determination
				letter. The request must be submitted via certified mail to the Wyoming
				Department of Health, Behavioral Health Division, Mental Health and Substance
				Use Disorder Services Section.
(c)
				Upon receipt of a request for an administrative hearing, the Department may
				pursue an informal conference within five (5) business days.
(d) Upon receipt of a request for an
				administrative hearing, the Department shall transmit the administrative
				hearing request to the Office of Administrative Hearings. The hearing shall be
				conducted in accordance with
Rules, Office of Administrative Hearings,
				General Agency, Board of Commission Rules
, Chapter 2, Section
				6 (2017), incorporated herein by
				reference.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0077 - Mental Health and Substance Use Disorder Services › Chapter 8 - ADMINISTRATIVE HEARINGS › Section 8-6 - Decisions

Current through July 13, 2024
(a) The hearing officer shall make proposed
				findings of fact and conclusions of law within thirty (30) calendar days of the
				close of the hearing and forward them to the Director of the Department for the
				final decision. This time may be extended if the parties or other interested
				persons are to submit briefs; but may not be extended by more than ten (10)
				business days, unless the parties stipulate, in writing or on the record at the
				hearing, to a later date.
(i) Within ten (10)
				business days of the close of the hearing, or such additional time as the
				hearing officer may allow, each party shall be allowed to file with the hearing
				officer any proposed findings of fact and conclusions of law, together with a
				supporting brief. Such proposals and briefs shall be served on all
				parties.
(ii) Within ten (10)
				business days after the issuance of the hearing officer's proposed findings of
				fact and conclusions of law, any of the parties may submit exceptions. Such
				exceptions shall be filed with the Director of the Department and served on all
				parties.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0077 - Mental Health and Substance Use Disorder Services › Chapter 8 - ADMINISTRATIVE HEARINGS › Section 8-7 - Appeals

Current through July 13, 2024
Appeals from a final decision of the Department shall be in
				  accordance with W.S. §§
									16-3-114 through 16-2-115, and
				  Rule 12 of the Wyoming Rules of Appellate Procedure.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0077 - Mental Health and Substance Use Disorder Services › Chapter 8 - ADMINISTRATIVE HEARINGS › Section 8-8 - Transcripts and Record

Current through July 13, 2024
(a) When a contested case is set for hearing,
				the Office of Administrative Hearings shall assign a docket number to the case
				and enter the case with its number and date of filing on a docket. The
				Department shall maintain a separate file for each docketed case in which all
				pleadings, transcriptions, correspondence, papers, and exhibits for that case
				shall be maintained. All items shall have noted thereon the assigned docket
				number and the date of filing.
(b)
				All contested case hearing proceedings shall be recorded, electronically,
				through the use of a qualified court reporter, or any other appropriate means
				determined by the Department or the hearing officer. Transcriptions of oral
				proceedings or written transcripts of a witness's testimony may be obtained by
				the contestant from the Department upon payment of cost.
(i) In a nonpublic investigatory proceeding,
				requests for copies or transcripts may be limited to testimony of the
				requesting party.
(ii) Where a
				contestant can demonstrate indigence and cannot effectively perfect the appeal
				without a transcript, the Department may waive the payment of the
				fee.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0077 - Mental Health and Substance Use Disorder Services › Chapter 8 - ADMINISTRATIVE HEARINGS › Section 8-9 - Incorporation by Reference

Current through July 13, 2024
(a) For any code, standard, rule, or
				regulation incorporated by reference in these Rules:
(i) The Department has determined that
				incorporation of the full text in these Rules would be cumbersome or
				inefficient given the length or nature of these 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) of this Section; and
(iii) The incorporated code, standard, rule,
				or regulation may be found at
https://health.wyo.gov/behavioralhealth/mhsa
and is maintained and made available by the Department for public inspection
				and copying at cost at the same location.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0078 - Emergency Waivers for Health Care Facilities › Chapter 1 - Emergency Waivers for Health Care Facilities › Section 1-1 - Authority

Current through July 13, 2024
The Wyoming Department of Health (Department) promulgates
				  this chapter pursuant to Wyoming Statutes
										9-2-1204,
				  35-1-240(a)(ii),
				  35-2-908,
				  and
				  35-4-101.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0078 - Emergency Waivers for Health Care Facilities › Chapter 1 - Emergency Waivers for Health Care Facilities › Section 1-2 - Purpose and Applicability

Current through July 13, 2024
(a) This chapter establishes the Department's
				authority to waive Department rules regarding the licensing and operations of
				health care facilities in order to:
(i)
				Manage the spread of communicable disease; and
(ii) Respond to emergency situations that
				significantly impact a facility's capability to provide safe care.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0078 - Emergency Waivers for Health Care Facilities › Chapter 1 - Emergency Waivers for Health Care Facilities › Section 1-3 - Waivers

Current through July 13, 2024
(a) Upon the request of a health care
				facility or at the Department's own motion, the Department may waive a
				requirement established under the rules identified in subsection (b) of this
				section if the Department determines the waiver is necessary:
(i) To manage and control a communicable
				disease; or
(ii) To protect the
				health, safety, and welfare of patients in response to an emergency.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0080 - Wyoming Violent Death Reporting System › Chapter 1 - WYOMING VIOLENT DEATH REPORTING SYSTEM › Section 1-1 - Authority

Current through July 13, 2024
The Wyoming Department of Health (Department) promulgates
				  this Chapter pursuant to Wyoming Statutes
				  35-1-240(a)(i) and
				  (vii).
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0080 - Wyoming Violent Death Reporting System › Chapter 1 - WYOMING VIOLENT DEATH REPORTING SYSTEM › Section 1-2 - Purpose and Applicability

Current through July 13, 2024
This Chapter requires a county coroner, law enforcement
				  officer, and any other individual to report information regarding a violent
				  death to the Department's Wyoming Violent Death Reporting System
				  (WYVDRS).
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0080 - Wyoming Violent Death Reporting System › Chapter 1 - WYOMING VIOLENT DEATH REPORTING SYSTEM › Section 1-3 - Definitions

Current through July 13, 2024
(a) The following definitions apply to this
				Chapter:
(i) "Violent death" means a death
				that results from the intentional use of physical force or power, threatened or
				actual, against oneself, another person, or a group or community; and
(ii) "Wyoming Violent Death Reporting System
				(WYVDRS)" means the Wyoming Department of Health program to collect information
				on all violent deaths in Wyoming.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0080 - Wyoming Violent Death Reporting System › Chapter 1 - WYOMING VIOLENT DEATH REPORTING SYSTEM › Section 1-4 - Violent Death Report

Current through July 13, 2024
Upon the Department's written request, a county coroner, law
				  enforcement officer, or other individual possessing information related to a
				  violent death shall submit a violent death report to the Department in the form
				  and manner prescribed by the Department.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
The Board is authorized under the Act and the WAPA to
				  promulgate rules and regulations to be used by the Board in the discharge of
				  its duties to govern the licensure of hearing aid specialists and the
				  regulation of the practice of hearing aid specialists in Wyoming.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Definitions

Current through July 13, 2024
(a) "Act" means
				the Hearing Aid Specialist Licensure Act, Wyoming Statute
										33-35-101  through
				-121.
(b) "ARC" means Application
				Review Committee.
(c) "Audiogram"
				means a graph showing the degree of hearing loss in a particular ear as
				indicated by the use of an audiometer.
(d) "Board Rules" means the administrative
				rules and regulations promulgated by the Board.
(e) "DC" means Disciplinary Committee which
				may be comprised of at least one (1) Board member or the Executive
				Director.
(f) "IHS" means the
				International Hearing Society.
(g)
				"WAPA" means the Wyoming Administrative Procedure Act, W.S. 16-3-101  through
				-115.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Board Meetings

Current through July 13, 2024
(a) The Board
				shall set its regular meetings by resolution.
(b) The Board shall meet as necessary at the
				time and place designated by the Board chairman and the Board.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 1 - GENERAL PROVISIONS › Section 1-6 - Reference by Incorporation

Current through July 13, 2024
(a) Each rule
				incorporated by reference is further identified as follows:
(i) Chapter 2 - Uniform Rules for Contested
				Case Practice and Procedure, adopted by the Office of Administrative Hearings
				and effective on October 17, 2014, found at:
http://hearingaid.wyo.gov
.
(ii) Chapter 2 - Uniform Procedures, Fees,
				Costs and Charges for Inspecting, Copying and Producing Public Records adopted
				by the Department of Administration and Information and effective on September
				6, 2016, found at
http://hearingaid.wyo.gov
.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 1 - GENERAL PROVISIONS › Section 1-8 - Change of Name, Address, or Telephone Number

Current through July 13, 2024
Each applicant, permittee, and licensee shall notify the
				  Board in writing of any change to their legal name, home address, business
				  address, or telephone number within thirty (30) days of the change.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 3 - LICENSURE, TEMPORARY PERMIT, AND RENEWAL REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-1 - Change of Name, Address, or Telephone Number

Current through July 13, 2024
Each applicant, permittee, and licensee shall notify the
				  Board in writing of any change to their legal name, home address, business
				  address, or telephone number within thirty (30) days of the change.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 3 - LICENSURE, TEMPORARY PERMIT, AND RENEWAL REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-2 - Application Status

Current through July 13, 2024
(a) For those
				applicants seeking licensure, all requirements shall be met during the
				timeframe identified immediately prior to submitting a completed
				application.
(b) Applications shall
				be deemed "complete" when all necessary documentation has been received by the
				Board office.
(c) Applications
				shall expire one year after submission. If an application expires, an applicant
				shall submit a new application, including payment of fee.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 3 - LICENSURE, TEMPORARY PERMIT, AND RENEWAL REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-3 - Application Review Committee

Current through July 13, 2024
(a) Every
				application shall be reviewed by the ARC.
(b) An applicant for licensure shall have
				committed no acts which are grounds for disciplinary action, or if the act was
				committed, the ARC has found after investigation that sufficient restitution
				has been made and the applicant no longer presents a threat to the public
				safety.
(c) If the ARC is unable to
				ascertain from documents submitted by the applicant that the applicant is
				eligible for examination or licensure, the ARC may require the applicant to
				provide additional documentation, information, or meet informally with the
				ARC.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 3 - LICENSURE, TEMPORARY PERMIT, AND RENEWAL REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-4 - Licensure by Examination

Current through July 13, 2024
(a)
				Eligibility. An applicant may seek licensure by examination if the applicant is
				not licensed to practice in another jurisdiction or that jurisdiction's
				licensure requirements are not as stringent as Wyoming.
(b) Application Requirements. Applicant
				shall:
(i) Submit a completed application and
				payment of fee;
(ii) Submit
				references from three (3) individuals familiar with the applicant with whom the
				applicant has had contact within the past five (5) years. References shall:
(A) Be written within the last six (6)
				months;
(B) Not be from relatives
				of the applicant; and
(C) Contain
				an original signature and be submitted directly to the office of the Board from
				the respondent and not forwarded through the applicant.
(iii) Submit a certification of calibration
				of all audiometric equipment in use signed by a qualified person during the
				previous twelve (12) months; and
(iv) Successfully pass the written,
				practical, and jurisprudence examinations.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 3 - LICENSURE, TEMPORARY PERMIT, AND RENEWAL REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-5 - Licensure by Endorsement

Current through July 13, 2024
(a)
				Eligibility. An applicant may seek licensure by endorsement if the applicant is
				licensed to practice in another jurisdiction with licensure requirements as
				stringent as Wyoming.
(b)
				Application Requirements. Applicant shall:
(i)
				Submit a completed application and payment of fee;
(ii) Submit references from three (3)
				individuals as defined in Section  4(b)(ii);
(iii) Submit a certification of calibration
				of all audiometric equipment in use signed by a qualified person during the
				previous twelve (12) months; and
(iv) Successfully pass the jurisprudence
				examination.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 3 - LICENSURE, TEMPORARY PERMIT, AND RENEWAL REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-6 - Temporary Permit

Current through July 13, 2024
(a)
				Eligibility. After the ARC recommends eligibility to sit for examinations, an
				applicant may seek a temporary permit to practice pending administration of
				those examinations. Applicant shall take the first available
				examination.
(b) Without
				Supervision Application. Any applicant that meets the requirements established
				in W.S. 33-35-110  may apply for a temporary permit without supervision. The
				applicant shall submit a completed application and payment of fee.
(c) With Supervision Application. Applicant
				shall submit a completed application, an executed sponsorship agreement form,
				and payment of fee.
(d) Expiration
				of Temporary Permits. Any temporary permit granted by the Board shall expire
				within one (1) year from issuance or when the applicant is granted a license,
				whichever occurs first.
(e) Renewal
				of Temporary Permits. Applicant may renew a temporary permit with supervision
				once upon payment of a fee. A temporary permit without supervision shall not be
				renewed.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 3 - LICENSURE, TEMPORARY PERMIT, AND RENEWAL REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-7 - Annual Licensure Renewal

Current through July 13, 2024
(a) Licensure
				Expiration. Licenses expire January 30 of each year. Licensees shall renew
				their license on or before January 30. Licensees that fail to timely renew
				shall forfeit the right to practice.
(b) Renewal Notice. On or before December 31,
				the Board shall send a renewal notice to each licensee at their last business
				address of record. Failure to receive notice shall not excuse a licensee from
				the requirement for renewal under the Act and these Board Rules.
(c) Renewal Procedure. A licensee seeking
				renewal shall:
(i) Submit a completed renewal
				application and payment of fee;
(ii) Verify audiometer calibration
				certification; and
(iii) Submit
				evidence of completion of ten (10) hours of continued education that complies
				with subsection (d).
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 3 - LICENSURE, TEMPORARY PERMIT, AND RENEWAL REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-8 - Failure to Timely Renew

Current through July 13, 2024
(a) Unlicensed
				Practice. Failure to timely renew may subject the licensee to disciplinary
				action for unlicensed practice.
(b)
				Administrative Grace Period.
(i) The
				administrative grace period shall be from January 31st to March 1st.
(ii) Licensees that failed to timely renew
				may apply for renewal during the administrative grace period. However,
				licensees shall not practice until the Board approves their license.
(iii) Licensees that failed to timely renew
				shall meet the renewal requirements under Section  9(i)-(iii)  including payment
				of additional fee.
(iv) On March
				2nd, any license not renewed shall lapse
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 3 - LICENSURE, TEMPORARY PERMIT, AND RENEWAL REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-9 - Lapsed License and Relicensure

Current through July 13, 2024
(a) If a
				license lapses, the applicant shall apply for relicensure.
(b) Relicensure Requirements and Procedure.
(i) If the license lapsed for less than two
				(2) years, the applicant shall:
(A) Submit a
				completed relicensure application and payment of fee;
(B) Submit a certification of calibration of
				all audiometric equipment in use signed by a qualified person during the
				previous twelve (12) months; and
(C) Submit references from three (3)
				individuals as defined in Section  4(b)(ii).
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 3 - LICENSURE, TEMPORARY PERMIT, AND RENEWAL REQUIREMENTS AND APPLICATION PROCEDURES › Section 3-10 - Reinstatement of Licensure

Current through July 13, 2024
(a)
				Eligibility. An applicant may seek reinstatement of their license if that
				license has been revoked, surrendered, suspended, conditioned, or
				restricted.
(b) Application
				Requirements. Applicant shall:
(i) Submit a
				completed reinstatement application and payment of fee;
(ii) Submit evidence of complying with the
				requirements of a previous Board order;
(iii) Submit evidence of applicant's ability
				to safely and competently practice; and
(iv) Submit evidence demonstrating just cause
				for reinstatement.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 6 - FEES › Section 6-2 - General Information

Current through July 13, 2024
(a) Fees shall be
				payable in the exact amount by money order, cashier's check, or certified check.
				Renewal fees may be paid by personal check.
(b) All fees collected by the Board are
				non-refundable.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 6 - FEES › Section 6-3 - Fees

Current through July 13, 2024
Services for which the Board charges a fee shall include, but
				  not limited to, the following fee schedule:
(a)
Application Fee
$200
(b)
Jurisprudence Examination Fee
$50
(c)
Practical Examination
$300
(d)
Initial License Fee
$200
(e)
Temporary Permit Fee
$300
(f)
Temporary Permit Renewal Fee (With
						  Supervision)
$300
(g)
License Renewal Fee
$300
(h)
License Renewal Late Fee (Jan 31 - Mar 1)
$100
(j)
Relicensure Application Fee
$250
(k)
Reinstatement Application Fee
$300
(l)
Non-Sufficient Funds Fee
$30
(m)
Rules and Regulations
$20
(n)
Copy Charge Fee
20¢/page
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 6 - FEES › Section 6-4 - Forfeiture of Examination Fees

Current through July 13, 2024
(a) If an applicant
				fails to appear for a scheduled examination, the examination fee shall be
				forfeited.
(b) The Board may negate
				forfeiture of examination fees for failure to appear at an examination upon
				written submission by the applicant of good cause.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 7 - PROFESSIONAL RESPONSIBILITY › Section 7-3 - Grounds for Disciplinary Action

Current through July 13, 2024
The Board is authorized to suspend or revoke the license of
				  any person violating provisions of the Act pursuant to
				  W.S. 33-35-118(v). The following
				  are grounds for the suspension or revocation of a hearing aid specialist license
				  or permit:
(a) Willful violation of any
				provision of the Hearing Aid Specialist Licensure Act,
				W.S.
				W.S. 33-35-101  through 121.
(b) Willful violation of any provision of these
				rules and regulations.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-1 - Statement of Purpose

Current through July 13, 2024
These Board Rules are adopted to implement the Board's
				  authority to:
(a) Conduct
				investigations, hearings, and proceedings concerning:
(i) Alleged violations of the Act or the Board
				Rules; or
(ii) Actions relating to an
				application for a licensure including granting or denying.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-2 - Grounds for Discipline

Current through July 13, 2024
The Board may take disciplinary action or refuse to issue or
				  renew a license for the any one (1) or more violations of the Act or Board
				  Rules.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-3 - Application Review and Investigation Process

Current through July 13, 2024
(a)
Application Review.
(i) Every application for a license or permit
				issued by the Board shall be subject to investigation to determine whether the
				requirements set forth in the Act and Board Rules are satisfied.
(ii) If any application, including renewals,
				reveals any information which merits further investigation, the matter shall be
				assigned to the ARC.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-4 - Complaint Review and Disciplinary Investigation Process

Current through July 13, 2024
(a)
Complaint Review.
Every complaint submitted to the Board
				or initiated on behalf of the Board shall be investigated by a DC.
(b)
Disciplinary Committee
				Action.
The DC may:
(i) Recommend
				dismissal of a complaint;
(ii)
				Recommend issuance of an advisory letter;
(iii) Recommend a settlement agreement which
				may include voluntary surrender, suspension, imposition of restrictions or
				conditions, reprimand or other discipline;
(iv) Recommend disciplinary action against the
				licensee including revocation, suspension, reprimand, restrictions or conditions,
				or other discipline; or
(v) Recommend
				summary suspension.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-5 - Petition and Notice of Hearing

Current through July 13, 2024
(a)
Petition.
Formal proceedings for disciplinary action
				against a licensee shall be commenced by serving a notice of hearing and petition
				and complaint by certified or regular mail at least twenty (20) days prior to the
				date set for hearing.
(b)
Notice of Hearing.
The Notice of Hearing shall contain:
(i) The name and last address of the
				licensee;
(ii) A statement in
				ordinary and concise language of the matters asserted, which shall contain the
				nature of the complaint filed with the Board, the facts upon which the complaint
				is based, the specific statutory provisions and the specific Board Rules that the
				licensee is alleged to have violated;
(iii) The time, place and nature of the
				hearing;
(iv) The legal authority and
				jurisdiction; and
(v) A statement
				indicating that failure to respond to the petition within twenty (20) days of its
				receipt may result in a default judgment.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-6 - Lawful Service

Current through July 13, 2024
There shall be a presumption of lawful service of a Petition,
				  Notice of Hearing, or any other communication required by these Board Rules if
				  sent to the last known address of the licensee or applicant by certified or
				  regular mail.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-7 - Default

Current through July 13, 2024
The Board may enter an order of default judgment based on the
				  allegations contained in the Petition and Complaint in any case where the
				  licensee or the licensee's representative has not responded nor appeared at a
				  scheduled noticed hearing.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-8 - Contested Case Hearing

Current through July 13, 2024
The hearing officer shall preside over the formal contested
				  case hearing which shall be conducted pursuant to the WAPA and the Office of
				  Administrative Hearings rules concerning contested case proceedings.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-9 - Board Decision and Order

Current through July 13, 2024
(a)
Board
				Action.
The Board may resolve a complaint by:
(i) Approving the recommendations of the DC or
				ARC; or
(ii) Conduct a contested case
				hearing. Following the hearing and deliberation of all evidence admitted at a
				contested case hearing, the Board may:
(A)
				Dismiss the complaint due to lack of clear and convincing evidence;
(B) Issue an advisory letter; or
(C) Impose discipline by revocation,
				suspension, reprimand, restriction, condition, non-renewal, or a combination
				thereof, for a violation of any provision of the HASLA or the Board
				Rules.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-10 - Appeals

Current through July 13, 2024
Appeals from decisions of the Board are governed by the WAPA
				  and the Wyoming Rules of Appellate Procedure. Costs of transcripts and any
				  reasonable costs assessed by the Board regarding the record on appeal shall be
				  borne by the party making the appeal.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-11 - Order of Procedure

Current through July 13, 2024
As nearly as may be, hearings shall be conducted in accordance
				  with the following order of procedure:
(a) The Board or hearing officer shall announce
				that the hearing is convened upon the call of the docket number and title of the
				matter and case to be heard, and thereupon the Board or hearing officer shall
				incorporate all pleadings into the record and shall note for the record all
				subpoenas issued and all appearances of record;
(b) All persons testifying at the hearing shall
				be administered the standard oath;
(c) The attorney or representative of the State
				shall thereupon proceed to present the State's evidence. Witnesses may be
				cross-examined by the licensee or permittee or attorney if represented. Redirect
				examination may be permitted;
(d) The
				licensee or permittee shall be heard in the same manner as the State's evidence.
				The State shall have the opportunity of cross-examination and redirect
				examination may be permitted;
(e)
				Opening statements may be made;
(f)
				Closing statements, at the conclusion of the presentation of evidence, may be
				made by parties or attorneys. A rebuttal statement may be made by the State. The
				time for oral argument may be limited by the Board or hearing officer;
(g) After all proceedings have been concluded,
				the Board or hearing officer shall dismiss and excuse all witnesses and declare
				the hearing closed. Any party who may wish or desire to tender written briefs of
				law unto the Board may do so. The Board may take the case under advisement and
				shall declare unto each of the parties that the decision of the Board shall be
				announced within due and proper time following consideration of all the matters
				presented at the hearing; and
(h) The
				Board and hearing officer shall retain the right and opportunity to examine any
				witness upon the conclusion of all testimony offered by a particular
				witness.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-12 - Rules of Civil Procedure to Apply

Current through July 13, 2024
The rules of practice and procedure contained in the Wyoming
				  Rules of Civil Procedure insofar as they are applicable and not inconsistent with
				  the matters before the Board and applicable to the rules and orders promulgated
				  by the Board shall apply.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-13 - Attorneys

Current through July 13, 2024
The filing of an answer or other appearance by an attorney
				  constitutes an appearance for the party for whom the pleading is filed. The Board
				  and all parties shall be notified in writing of any withdrawal. Any person
				  appearing before the Board at a hearing in a representative capacity shall be
				  precluded from examining or cross-examining any witness unless the person is an
				  attorney licensed to practice law in this State, or associated with an attorney
				  licensed to practice law in this State. This rule shall not be construed to
				  prohibit any licensee or permittee from representing themselves in any hearing
				  before the Board, but any licensee or permittee appearing in their own behalf
				  shall not be relieved of abiding by all rules established for the hearing
				  proceedings.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-14 - Attorney General to be Present

Current through July 13, 2024
In all hearings held upon formal action brought before the
				  Board, a representative of the Office of the Attorney General of Wyoming shall
				  appear on behalf of the State, and shall present all evidence, testimony and
				  legal authority in support of the Notice and Complaint to be considered by the
				  Board.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-15 - Record of Proceedings

Current through July 13, 2024
When the denial, revocation or suspension of any license is
				  the subject for hearing, it shall be regarded as a contested case and the
				  proceedings, including all testimony, shall be reported verbatim by a court
				  reporter or other adequate recording device.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-16 - Decision, Findings of Fact and Conclusions of Law and Order

Current through July 13, 2024
(a) The Board shall, with the assistance of the
				hearing officer, following the full and complete hearing, make and enter a
				written decision and order containing findings of fact and conclusions of law.
				The decision and order shall be filed with the Board and shall, without further
				action, become the decision and order as a result of the hearing.
(b) No member, staff or agent of the Board who
				participated or advised in the investigation or presentation of evidence at the
				hearing shall participate or advise in the decision.
(c) Upon entry and filing, the Board shall mail
				copies of the decision to each licensee or permittee and attorneys of
				record.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-17 - Appeals to District Court

Current through July 13, 2024
Appeals from Board decisions shall be taken to the district
				  court having jurisdiction and proper venue in accordance with applicable statutes
				  and the Wyoming Rules of Appellate Procedure.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-18 - Transcript in Case of Appeal

Current through July 13, 2024
In the case of an appeal to the district court, the appellant
				  shall pay and arrange for the transcript of the testimony. The transcript shall
				  be verified by the oath of the reporter who took the testimony as a true and
				  correct transcript of the testimony and other evidence in the
				  case.
Wyoming Administrative Code › Agency 064 - Hearing Aid Specialists, Board of › Sub-Agency 0001 - Hearing Aid Specialists, Board of › Chapter 8 - COMPLAINTS: PRACTICE AND PROCEDURE › Section 8-19 - Stay of Board Decisions

Current through July 13, 2024
All Board decisions shall be final and enforceable upon
				  execution and there shall be no stay of decisions unless agreed to by the Board
				  or upon proper order of the district court.
Wyoming Administrative Code › Agency 950 - Higher Education Council › Sub-Agency 0001 - Information Practices › Chapter 1 - INFORMATION PRACTICES › Section 1-1 - Authority

Current through July 13, 2024
a. These rules are promulgated pursuant to the
				Wyoming Administrative Procedure Act, W.S. 9-692.1
et.
				seq.
, and the Governor's Executive order of March 7, 1975. These
				rules apply to all public records maintained by the Higher Education Council,
				State of Wyoming.
Wyoming Administrative Code › Agency 950 - Higher Education Council › Sub-Agency 0001 - Information Practices › Chapter 1 - INFORMATION PRACTICES › Section 1-2 - Definitions

Current through July 13, 2024
a. All of the definitions set forth and
				contained in W.S. 9-692.1 are incorporated herein by reference. In addition, the
				following definitions as used in these rules shall apply:
(1) "Official custodian" means the 'Executive'
				Director of the Higher-Education Council.
Wyoming Administrative Code › Agency 950 - Higher Education Council › Sub-Agency 0001 - Information Practices › Chapter 1 - INFORMATION PRACTICES › Section 1-3 - Disclosure

Current through July 13, 2024
a. Records that are determined by the Council
				to fall under the public record classification: except those public records for
				which inspection may or shall be denied pursuant to W. S. 9-692.3, shall be
				available for inspection in the offices of the Council, during: normal business
				hours. Disclosure of all such records maintained by the Council shall be made
				without regard to the intended use or purpose of the request.
Wyoming Administrative Code › Agency 950 - Higher Education Council › Sub-Agency 0001 - Information Practices › Chapter 1 - INFORMATION PRACTICES › Section 1-4 - Access

Current through July 13, 2024
a. All public records,' except those for which'
				inspection-may or shall be, denied-pursuant to W.S., 9-692.3, may be viewed,
				copied and physically handled in the offices of the Council during normal
				business hours upon written or oral request made to the official custodian.
				However, no form of identification and no form of written request shall be
				required as a prerequisite of access to, public records.
b. As provided by W.S.-9-692.4(b) any person
				requesting copies of any record(s) permitted to be reproduced must make
				arrangements through the-custodian, his assistants" or their secretaries
				since-no- reproduction facilities of any kind are available at the office of the
				Council. In case arrangements made are of such a nature that the Council is
				required to authorize staff to be employed for this purpose away from-Council's
				offices, the Council may charge up to the actual value of the time, and other
				expenses actually incurred, in addition to the actual costs of reproduction;
				which total sum shall immediately be deposited, with the Council as provided by
				law. For ordinary reproduction of records, a limited number of pages of any
				record(s) permitted to be reproduced will be copied by staff of the Council at a
				charge of thirty-five cents ($. 35) per page to cover 'cost of staff's time and
				to cover charges levied against the Council.
c. No public records for which inspection may
				or shall be denied pursuant to W.S. 9-692.3, shall be copied except by employees
				of the Council engaged in their employer's business and with the approval of the
				official custodian. A notation of all such copies and the purpose for which they
				were
used shall be noted on the original record.
Wyoming Administrative Code › Agency 950 - Higher Education Council › Sub-Agency 0001 - Information Practices › Chapter 1 - INFORMATION PRACTICES › Section 1-5 - Correction-and Amendment

Current through July 13, 2024
a. Any person in
				interest shall have the right upon written or oral request made to the official
				custodian to correct or amend any erroneous, inaccurate, or misleading
				information that is contained in a public record relating to him by supplementing
				the public record with such corrected or amended material. However, no public
				records or portion thereof shall be physically altered, destroyed or removed
				except with the consent of the Custodian.
Wyoming Administrative Code › Agency 950 - Higher Education Council › Sub-Agency 0001 - Information Practices › Chapter 1 - INFORMATION PRACTICES › Section 1-6 - Personnel-Files

Current through July 13, 2024
Personnel-files., and the contents thereof, maintained by the
				  Council shall not be available-for inspection except by the person in interest
				  and the duly elected or appointed officials who supervise the work of the person
				  in interest.
Wyoming Administrative Code › Agency 950 - Higher Education Council › Sub-Agency 0001 - Information Practices › Chapter 1 - INFORMATION PRACTICES › Section 1-7 - Maintenance of Records

Current through July 13, 2024
a. All public
				records maintained by the Council shall be stored and retained according to
				applicable time schedules and policies of the Council. At a minimum all public
				records shall be retained for such time as shall be, deemed, necessary to
				complete final agency action relative thereto.
b. All public records for which public
				inspection may or shall be denied pursuant to W.S. 9-692.3 shall be identified,
				stored and maintained, by whatever means appropriate, to indicate and preserve
				their confidentiality. However, the identification, storage and maintenance shall
				be undertaken in -such a manner as to indicate to an applicant for public records
				the existence and general notice of the confidential records.
c. The official custodian shall' annually
				inform the office of Information Practices of any new public records maintained
				by the official custodian, the inspection of which may be denied pursuant to W.S.
				9-692.3.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 1 - ORGANIZATION › Section 1-1 - Authority

Current through July 13, 2024
In order to have a regular form of procedure and a definite
				  plan of operation in the acts of the Wyoming State Board of Insurance Agent's
				  Examiners, these Rules and Regulations are formed as required by Section 3,
				  Chapter 234 of the Session Laws of Wyoming, 1961, with proper provision for
				  amendments from time to time as may be necessary.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 1 - ORGANIZATION › Section 1-2 - Name

Current through July 13, 2024
As set forth in Section 1, 1 Chapter 234 of the Session Laws
				  of Wyoming, 1961, the name of this Board shall be "The Wyoming State Board of
				  Insurance Agent's Examiners" and shall be hereinafter referred to as the
				  Board.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 1 - ORGANIZATION › Section 1-3 - Seal

Current through July 13, 2024
The Board shall have an official seal which shall be as
				  follows: An embossed seal 1-7/8 inches in diameter consisting of two concentric
				  circles, the outer being 1-7/8 inches in diameter and the inner being 1-5/16
				  inches in diameter. The space between the two circles to contain the words,
				  "The Wyoming State Board of Insurance Agent's Examiners". The inner circle to
				  contain the word, "SEAL". This seal shall be used on all official business
				  documents of the Board.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 1 - ORGANIZATION › Section 1-4 - Meetings

Current through July 13, 2024
There shall be one regular annual meeting which shall be held
				  the second Monday in June of each year. (As amended June 3, 1963.)
Special meetings may be held at the call of the President or
				  at the call of the majority of the members of the Board at such times and
				  places as designated in said call.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 1 - ORGANIZATION › Section 1-5 - Election of Officers

Current through July 13, 2024
The President 2 a Vice-President and a Secretary-Treasurer
				  shall be elected by the Board at the annual meeting. The Secretary-Treasurer
				  shall be the same person. The officers shall hold office until the next annual
				  meeting.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 1 - ORGANIZATION › Section 1-8 - Compensation

Current through July 13, 2024
The members of the Board shall receive a salary of $10.00 for
				  each day during which they shall be actually engaged in the discharge of their
				  duties 2 when funds therefor are available. The Board shall pay the
				  Secretary-Treasurer compensation of $100.00 per year for the time spent by him
				  in the accounting and clerical work of the Board 2 when funds therefor are
				  available. Proctors shall receive a fee of $3.00 for giving an examination on
				  one type or kind of insurance transaction (section) in one day regardless of
				  the number of applicants taking said examination, and $2.00 for giving an
				  examination on each additional type or kind of insurance transaction (section)
				  in said day, not to exceed $10.00 in any one day. (As amended June 3,
				  1963.)