reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0010 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-3 - Selection

Current through July 13, 2024
A task force with representation from the Departments of
				  Family Services, Health and Education, and the State Advisory Council on
				  Juvenile Justice shall review strategic plans developed by community juvenile
				  services boards to determine allocation of funding. The task force shall assess
				  and score the strategic plan and funding request based on how well the
				  strategic plan develops a continuum of care for juveniles and meets
				  requirements of a request for application, as developed by the Departments of
				  Family Services, Health and Education.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0010 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-4 - Procedures for Distribution

Current through July 13, 2024
(a) Training Entity
				Eligibility
(i) The following Wyoming-based
				training entities are eligible to apply for training grants under this section:
(A) Industry associations;
(B) Trade unions;
(C) Private training entities;
(D) Community Colleges; and
(E) University of Wyoming.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 1 - RULES OF PROCEDURE › Section 1-1 - Name

Current through July 13, 2024
The name of this organization shall be the ADOPTION
				  INTERMEDIARY COMMISSION. The Commission is established by
				  W.S.
				  1-22-201 through
				  1-22-203
				  (1991).
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 1 - RULES OF PROCEDURE › Section 1-2 - Purpose

Current through July 13, 2024
(a) Establish a
				confidential process whereby adult adoptees and adoptive parents who desire
				information concerning their or their adult child's adoption, and adult
				biological grandparents, biological parents and biological adult siblings who
				desire information concerning an adult adoptee may pursue access to such
				information; and
(b) Create a pool
				of the individuals whom the courts and interested parties may call upon to
				initiate a search for a biological relative.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 1 - RULES OF PROCEDURE › Section 1-3 - Membership Requirements

Current through July 13, 2024
(a) If any member
				of the Commission has three consecutive unexcused absences, it will be assumed
				that he/she wishes to terminate his/her membership. Further, a Commission
				member may submit a letter of resignation requesting termination of his/her
				term to the appropriate appointing authority, either to the Chief Justice or
				the Director of the Department of Family Services. The necessary procedures to
				obtain a replacement shall be instituted following three consecutive unexcused
				absences or following receipt of a letter of resignation.
(b) The Chief Justice and the Director of the
				Department of Family Services have and retain the right to make any changes in
				the membership of the Commission, regardless of the attendance record of the
				member involved.
(c) Appointments
				shall be for an indefinite term and the members shall serve at the pleasure of
				the Chief Justice and the Director of the Department of Family
				Services.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 1 - RULES OF PROCEDURE › Section 1-5 - Election

Current through July 13, 2024
The Chairman, Vice-Chairman, and any other officers as deemed
				  necessary, shall be selected by the Commission annually at the first meeting of
				  the year.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 1 - RULES OF PROCEDURE › Section 1-6 - Meetings

Current through July 13, 2024
(a) The Commission
				shall meet as often as necessary to carry out its duties, but in no instance
				shall it meet less than semi-annually.
(b) Special meetings may be called by the
				Chairman or shall be called upon the request of three-fifths of the
				membership.
(c) A majority of the
				members shall constitute a quorum of any meeting of the Commission.
(d) The first meeting of each year shall be
				known as the Annual Meeting and shall be for the purpose of electing officers
				or for any other business that may arise.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 1 - RULES OF PROCEDURE › Section 1-7 - Committees

Current through July 13, 2024
(a) The Commission
				shall create as many committees as are necessary to carry on the work of the
				organization.
(b) Chairpersons of
				the committees must be members of the Commission, however, the balance of
				membership of these committees may include persons who are not members of the
				Commission. Chairpersons who augment their committees with non-members shall do
				so with the approval of the Commission.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 1 - RULES OF PROCEDURE › Section 1-8 - Removal of Confidential Intermediaries

Current through July 13, 2024
(a) Any person,
				including a member of the Commission, may file a written complaint relating to
				the conduct of a Confidential Intermediary to the Commission.
(b) Within twenty (20) days of receiving the
				complaint, the Commission shall provide written notice to the Confidential
				Intermediary by certified mail of the nature of the complaint.
(c) A Confidential Intermediary may be
				removed from the Confidential Intermediary list by a majority vote of the
				Commissioners.
(d) Prior to the
				Commissions voting on removal of a Confidential Intermediary, the Confidential
				Intermediary shall have an opportunity to be heard by the
				Commissioners.
(e) A Confidential
				Intermediary may be removed from the list available to the judicial branch
				under any of the following conditions, which include but are not limited to:
				not complying with the training requirements, breach of confidentiality,
				failure to maintain contact with the petitioner, providing false information on
				the application to be a Confidential Intermediary, failure to work in a timely
				manner on cases, failure to properly document their activities on cases,
				failure to act within the bounds of the law, accepting appointment on a case
				involving a relative, friend, business associate or other individual that would
				constitute a conflict of interest and failure to comply with Adoption
				Intermediary Commission policies.
(f) If a Confidential Intermediary is removed
				from the Confidential Intermediary list, the Confidential Intermediary is
				obligated to return all unfinished files, the fees from those files, and
				unspent expense money to the Commission within thirty (30) days of
				removal.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 1 - RULES OF PROCEDURE › Section 1-9 - Parliamentary Authority

Current through July 13, 2024
The rules contained in "Robert's Rules of Order, Revised", as
				  of July 1, 2023, shall govern this Commission and to all cases to which they
				  are applicable.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 1 - RULES OF PROCEDURE › Section 1-10 - Amendment to Rules of Procedure

Current through July 13, 2024
The adopted Rules may be revised if at any regular meeting of
				  the Commission, there is a two-thirds (2/3) vote of the current Commission
				  membership that calls for the rules to be amended.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-1 - Preamble

Current through July 13, 2024
(a) The Adoption Intermediary Commission was
				created by W.S. 1-22-201 throght
				
										1-22-203 and amended W.S. W.S.
				W.S.
				1-12-101(a)(vi) and
				1-22-104(e) and
				has been charged by the State Legislature with the task of preparing the Manual
				of Standards for training confidential intermediaries. This manual is the
				result of many hours of work by persons representing all facets of the adoption
				experience, and is hereby presented to the public with the hope that by
				following its standards, Wyoming may have a confidential Intermediary Program
				that is a model for other states and countries.
(b) It should be noted that it has been the
				purpose of the Commission to provide this manual as standards for minimum
				performance and to insure confidentiality of the process. It is hoped that
				these standards will provoke individuals and organizations to develop, better
				standards, and by communicating to the Commission, the manual can evolve to
				accomplish the goals that promote family unity and harmony.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-2 - Introduction

Current through July 13, 2024
(a) The Commission received input as to how
				confidential intermediaries should function. After consideration of the overall
				performance desired in intermediaries, it was decided that standards for
				performance should be divided into four basic categories: knowledge,
				interpersonal skills, search skills and procedures and ethics. It is hoped that
				the standards set forth in this chapter will provide a good working outline of
				what makes a good confidential intermediary.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-3 - Knowledge

Current through July 13, 2024
(a) All intermediaries must have an
				historical understanding of adoption regarding philosophies and practices that
				prevailed in the past as well as those that guide adoption today. Along with
				that understanding must also be knowledge of the issues of adoptees, birth
				parents, adoptive parents and others involved in the search process.
(b) Intermediaries must be able to handle
				sensitive information resulting from the search, and be able to recommend
				consultation with professional social workers or other appropriate providers.
				This would include training in the psychodynamics of grief, loss and
				attachment. Intermediaries have a post-reunion role and must also be able to
				provide a post-reunion support system by knowledge of, and referrals to
				adoptees, birth parent and adoptive parent support groups, as well as adoption
				and social service organizations.
(c) The intermediaries, knowledge should also
				include such technical information as the policies and procedures of the
				training program under which he/she was trained. Intermediaries should be
				equipped with a thorough working knowledge of the legal processes that result
				in adoption.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-4 - Interpersonal Skills

Current through July 13, 2024
(a) Intermediaries
				must understand their own attitudes, prejudices and biases in order to gain an
				understanding of how these can impact their contacts with parties relevant to
				the search. They must further recognize when a search situation is triggering a
				personal response which would cloud their management of the search.
(b) Intermediaries must be able to
work
with all persons, regardless of differing cultural or ethnic
back
grounds. This includes the ability to empathize with others,
				be discreet in dealing with sensitive feelings and recognize the emotions of
				adoption triad members.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-5 - Search Skills and Procedures

Current through July 13, 2024
The Director of DWS shall report annually to the Governor and
				  the Legislature on the expenditures made from the WDTF in the preceding fiscal
				  year and the results of the activities funded by the WDTF.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-6 - Ethics

Current through July 13, 2024
(a) Confidential intermediaries shall conduct
				the search within the bounds of the law at all times. The intermediaries act
				under the jurisdiction of the court and the training organization, and they
				shall. behave in an honest and trustworthy manner.
(b) Intermediaries shall maintain the
				confidentiality of all information acquired during the process of the search
				and accept only such compensation for intermediary services as is within the
				published schedule of fees for intermediary services by the
				Commission.
(c) All confidential
				intermediaries shall maintain the anonymity of all parties and confidentiality
				of all information until voluntary, informed and written consent for contact
				has been received by the Court. Intermediaries shall not exert any pressure
				upon a sought-after relative in order to obtain consent for contact. All
				intermediaries shall abide by this Manual of Standards.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-7 - Organization Standards

Current through July 13, 2024
(a) Introduction.
(i) The Commission has determined that the
				most effective way to administer and monitor the Confidential Intermediary
				Program is through organizations that are willing to take certain
				responsibilities and make regular reports to the Commission concerning
				compliance by intermediaries with the standards set forth herein. Since
				training providers have a vital interest in maintaining quality graduates and
				will have the necessary skills and facilities to promote excellence in
				training, prospective intermediaries must complete Commission-aproved training
				programs and continue beyond the initial training and utilize refresher courses
				and support systems built into the organization.
(ii) In considering how the confidential
				intermediary system should function as an organization, the following divisions
				are set forth: screening, training and certifying, monitoring function and
				support, evaluation of training and reports to the Commission.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 3 - REMOVAL OF CONFIDENTIAL ADOPTION INTERMEDIARIES › Section 3-1 - Introduction

Current through July 13, 2024
These rules for Removal of Confidential Intermediaries and
				  Confidential Intermediary Training Programs are established in accordance with
				  the Wyoming Administrative Procedures Act.. These rules set forth the
				  procedures and basis upon which confidential adoption intermediaries can be
				  removed from the list of approved intermediaries and when a training program
				  organization may have its authority revoked.
It is the intent of these rules to provide due regard for the
				  rights and privileges of all interested parties and to conduct hearings in a
				  fair and impartial manner.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 3 - REMOVAL OF CONFIDENTIAL ADOPTION INTERMEDIARIES › Section 3-2 - Complaints

Current through July 13, 2024
Complaints in writing relating to the conduct of any
				  confidential intermediary or training organization may be made by any person to
				  the Commission or may be initiated by the Commission.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 3 - REMOVAL OF CONFIDENTIAL ADOPTION INTERMEDIARIES › Section 3-3 - Notice

Current through July 13, 2024
The confidential intermediary or training organization
				  complained of shall be notified in writing by certified mail by the Commission
				  of the nature of the matters complained of and shall be given thirty (30) days
				  to answer.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 3 - REMOVAL OF CONFIDENTIAL ADOPTION INTERMEDIARIES › Section 3-4 - Failure to Answer

Current through July 13, 2024
. If the confidential intermediary or training organizati on
				  so charged shaII fail to answer the complaint as provided above, the Commission
				  may proceed to hear the complaint and make its final recommendation, or the
				  Commission may proceed to remove the confidential intermediary or training
				  organization on the basis of failure to answer.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 3 - REMOVAL OF CONFIDENTIAL ADOPTION INTERMEDIARIES › Section 3-5 - Hearings Before the Commission

Current through July 13, 2024
The confidential intermediary or representative of the
				  training organization complained of shall appear before the Commission to
				  review the complaint or allegation of misconduct. The Commission shalI provide
				  the opportunity for the confidential intermediary or training organization to
				  give an account regarding the complaint and provide any documentation
				  supporting the confidential intermediary's or training organization's position.
				  The individual or entity bringing the complaint against the confidential
				  intermediary or training organization may also be called by the Commission to
				  appear at the hearing.
Upon review of the facts before the Commission, the
				  Commission shall decide whether the confidential intermediary or training
				  organization shall be retained or removed, and what discipline, if any, shall
				  be taken. A decision to remove a confidential intermediary or training
				  organization shall be determined by a majority vote of the Commission
				  members.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 3 - REMOVAL OF CONFIDENTIAL ADOPTION INTERMEDIARIES › Section 3-6 - Commission Hearing Findings and Decision

Current through July 13, 2024
If it is found that the charges are unfounded or unproven,
				  the Commission shall dismiss the complaint. The Commission may take the
				  following discipline in the case where the charge is found to be
				  substantiated:
(a) Letter of
				admonition;
(b) Suspension for a
				definite or indefinite period;
(c)
				Requirement that the confidential intermediary repeat alI or an appropriate
				portion of the confidential intermediary training at own expense;
(d) Removal from the list of approved
				confidential intermediaries;
(e)
				Revocation of the Commission's approval of the training organization.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0011 - Confidential Adoption Intermediary Committee › Chapter 3 - REMOVAL OF CONFIDENTIAL ADOPTION INTERMEDIARIES › Section 3-7 - Review

Current through July 13, 2024
Procedure. If a confidential intermediary or training
				  organization chooses to request a review of the decision of the Commission, the
				  confidential intermediary or training organization shall be given twenty (20)
				  days to request a review hearing with the Director of the Department of Family
				  Services or designee.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-1 - Authority

Current through July 13, 2024
These rules are promulgated pursuant to the Wyoming
				  Administrative Procedure Act, W.S. §
									
										16-3-102, and W.S. §
									
										9-2-2104(a)(vii).
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-2 - Purpose

Current through July 13, 2024
These rules have been adopted to provide uniform procedures
				  for conducting all contested case hearings pursuant to the Wyoming
				  Administrative Procedure Act, W.S. §
									
										16-3-101 through §
									
										16-3-115 unless specifically provided
				  otherwise by statute or these rules would conflict with federal regulation. The
				  Office of Administrative Hearing Rules, Chapter 2, Contested Case Proceedings
				  are incorporated in these rules.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-3 - Applicability

Current through July 13, 2024
These rules apply to a proceeding, including but not
				  restricted to, rate making, price fixing, licensing, and determination of
				  benefit eligibility, level of benefits, Adult Protective Services, or Child
				  Protective Services, in which legal rights, duties or privileges of a party are
				  required by law or regulation to be determined by the Department after an
				  opportunity for hearing. These proceedings include fair hearings and
				  administrative hearings.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-4 - Incorporation by Reference

Current through July 13, 2024
(a) Any code,
				standard, rule or regulation incorporated 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.
(b) 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://soswy.state.wy.us/Rules/RULES/9644.pdf, with the exception of the
				following sections: 2, 4(b) & (c), 9(a) & (c), 14(e), 15, 16(d), 19,
				21, and 26.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-5 - Definitions

Current through July 13, 2024
(a) "Department" -
				the Department of Family Services (Department).
(b) "Director" - the Director of the
				Department of Family Services.
(c)
				"Informal Conference" - the conference conducted at the Department local level
				by a Regional Manager, District Manager or Supervisor to review case
				information concerning local Department action regarding a contested
				case.
(d) "Petitioner" - agency or
				individual as designated by the Office of Administrative Hearings.
(e) "Respondent" - agency or individual as
				designated by the Office of Administrative Hearings.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-6 - Requests for Hearing

Current through July 13, 2024
(a) Any person or
				his/her formally designated representative may make a request to the Department
				for a hearing in a contested case. All requests may be made within local
				offices and forwarded to the Department.
(b) Requests for a hearing on issues
				pertaining to Personal Opportunities with Employment Responsibilities (POWER),
				Supplemental Nutrition Assistance Program (SNAP), Child Care Eligibility
				Program, Low Income Energy Assistance (LIEAP) Program, Adult Protective
				Services or Child Protective Services should be in writing; however, oral
				requests made to Department staff shall be accepted and reduced to writing by
				the Department.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-7 - Contents of Request for Contested Case Hearings

Current through July 13, 2024
(a) The request
				shall contain at least:
(i) Name, address,
				and telephone number of the person requesting the hearing, and on whose behalf
				the hearing is being requested;
(ii) The reason for the request, including
				the nature of the departmental action, order or determination being contested;
				and
(iii) Name and address of the
				requesting party's legal counsel or representative, if the requesting party has
				retained counsel or a representative at the time the request for hearing is
				made.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-8 - Time Period for Requests and Evaluation of Requests

Current through July 13, 2024
(a) Requests for a
				hearing on issues pertaining to POWER shall be made within 30 days from the
				date of mailing of the agency action.
(b) Requests for a hearing on issues
				pertaining to SNAP shall be made within 90 days from the date of mailing of any
				agency action.
(c) Requests for a
				hearing on issues pertaining to LIEAP shall be made within 10 days from the
				date of mailing of the agency action.
(d) Requests for a hearing on issues
				pertaining to Child Care Eligibility shall be made within 30 days from the date
				of mailing of the agency action.
(e) Requests for a hearing on issues
				pertaining to Child Protective Services, including substantiations of child
				abuse or neglect, shall be made within 20 days from the date of mailing by
				first class mail to last known address, of the agency action.
(f) Requests for a hearing on issues
				pertaining to Adult Protective Services, including substantiations of abuse or
				neglect, shall be made within 20 days from the date of mailing of the agency
				action.
(g) Requests for a hearing
				on issues pertaining to the Burial Program, shall be made within 20 days from
				the date of the denial of benefits.
(h) The Director or designee shall evaluate
				the request, and within 20 days of receipt of the request:
(i) Notify the requesting party a hearing has
				been approved and will be held in accordance with these rules; or
(ii) Notify the requesting party of the
				denial of a hearing as requested and the reasons for the denial.
(A) A hearing may be denied if the request
				for a hearing does not meet the definition of a contested case.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-9 - Informal Conference

Current through July 13, 2024
(a) For all hearing
				requests except a hearing request regarding expedited SNAP, the Department
				local office which took action adverse to an individual shall schedule and
				conduct an informal conference with that individual within 7 days of receiving
				a request for a hearing. For a hearing request regarding expedited SNAP, the
				DFS local office which took adverse action shall schedule and conduct an
				informal conference within 2 days of receiving a request for a
				hearing.
(b) The purpose of the
				informal conference shall be to review facts and legal authority upon which the
				Department relied in making the determination to take adverse action. The party
				requesting hearing may present facts and legal authority to refute the
				Department's determination to take action.
(c) The informal conference shall be
				conducted by the Regional Manager, District Manager or Supervisor of the local
				Department office which determined adverse action should be taken. The
				individual requesting a hearing and any Department employee the District
				Manager designates as important to an adequate review of Department's action
				shall attend the conference.
(d)
				The informal conference may be waived by the party whose interests have been
				adversely affected.
(e) The
				Department Regional or District Manager shall immediately provide a letter to
				the affected individual when results of an informal conference have been
				successful. The letter shall document successful resolution and a copy shall be
				provided to the Department.
(f)
				When successful resolution is not achieved through an informal conference, the
				Department Regional or District Manager shall immediately provide a letter to
				the Department. The letter shall document unsuccessful resolution and shall
				request a contested case hearing be scheduled. A copy of the letter shall
				immediately be provided to the Respondent.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-10 - Notice of Hearing; Request for Continuance

Current through July 13, 2024
(a) In any
				contested case, the hearing officer shall afford reasonable notice of the
				hearing to all parties.
(i) Reasonable
				notice, as used in this section, shall be not less than 20 days prior to the
				hearing date.
(A) The time period specified
				herein may be waived by an individual upon written or oral notification to the
				hearing officer.
(B) Where
				notification of waiver is made orally it shall be reduced to writing by the
				hearing officer and entered in the individual's record and forwarded with
				written notice to all parties.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-11 - Failure to Appear

Current through July 13, 2024
If a party requesting a hearing fails to appear at the place,
				  date, and time specified in a notice, the hearing officer may dismiss the
				  hearing and send notice to all parties the hearing was dismissed for the
				  requesting party's failure to appear. The party requesting the hearing shall
				  have 20 days from the mailing of the dismissal notice, to request, in writing,
				  the hearing be recalendared and that good cause existed for the requesting
				  party to have failed to appear at the originally scheduled hearing.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-12 - Informal Disposition

Current through July 13, 2024
Settlement of a contested case by any informal means shall be
				  allowed at any time unless precluded by law. Such settlements shall be in
				  writing by both parties and included as a part of the record. The hearing
				  officer shall enter an order dismissing the contested case proceeding upon such
				  settlement, and such order shall be considered a final order of the
				  Department.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-13 - Hearing Officer

Current through July 13, 2024
(a) The hearing
				officer in Child Protective Services cases shall be the Office of
				Administrative Hearings. In all other cases, the Director shall appoint a
				hearing officer to preside over contested case hearings.
(b) In all cases other than Child Protective
				Services, any party may request in writing the Director remove and replace the
				hearing officer in a contested case. This request shall be accompanied by a
				statement and affidavits, if appropriate, setting forth the alleged grounds for
				disqualification. The Director or designee may deny a party's request for
				removal and shall issue a written statement explaining the grounds for denial
				which shall be made a part of the record. If the request is granted, the
				Director or designee shall appoint a new hearing officer as soon as is
				practicable. In Child Protective Services cases, the rules of the Office of
				Administrative Hearings and the Wyoming Administrative Procedures Act shall
				apply to the recusal of a hearing officer.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-14 - Evidence and Testimony; Telephone Conferences

Current through July 13, 2024
(a) The burden of
				proof is as follows:
(i) In benefit cases
				involving initial application for eligibility, the burden of proof is on the
				applicant. In benefit cases involving an overpayment, revocation or reduction
				of benefits, the burden of proof is on the Department.
(ii) In Child Protective Services and Adult
				Protective Services cases, the burden of proof is on the Department.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-15 - Representation

Current through July 13, 2024
(a) All parties
				have a right to represent themselves, to be represented by an attorney licensed
				to practice law in Wyoming or any other person chosen by the party to appear on
				their behalf. Individuals requesting a hearing may be eligible for legal
				services available through a legal services program, if available, and if the
				applicable guidelines of that program are met.
(i) If the individual requesting a hearing
				has a representative or is represented by an attorney, payment of attorney's
				fees and costs are the responsibility of the individual requesting a
				hearing.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-16 - Decisions for Child Protective Services Cases

Current through July 13, 2024
The hearing officer shall make findings of fact and
				  conclusions of law within 20 working days of the close of the hearing for final
				  determination. This time may be extended if the parties or other interested
				  persons are to submit briefs; but, in no event may this time be extended by
				  more than 10 working days, unless a later date is stipulated, in writing, by
				  Petitioner and Respondent. The decision shall be made on the basis of a
				  preponderance of evidence contained in the record.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-17 - Decisions for SNAP Cases

Current through July 13, 2024
(a) The hearing
				officer shall make proposed findings of fact and conclusions of law within 10
				calendar days of the close of the hearing and forward them to the Director or
				designee for final determination. This time may be extended if the parties or
				other interested persons are to submit briefs; but, in no event may this time
				be extended by more than 10 calendar days, unless a later date is stipulated,
				in writing, by Petitioner and Respondent.
(b) Within 10 calendar days of the date of
				the hearing officer's recommended decision, each party shall be allowed to file
				with the Department exceptions to the recommended decision with or without a
				supporting brief. Such exceptions and briefs shall be served on all other
				parties.
(c) Within 10 calendar
				days of receipt of the hearing officer's recommended decision, the Director or
				designee shall make and enter in the record the final decision in the case and
				the party shall receive notification of the final decision.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-18 - Decisions for All Other Cases

Current through July 13, 2024
(a) The hearing
				officer shall make proposed findings of fact and conclusions of law within 20
				calendar days of the close of the hearing and forward them to the Director or
				designee for final determination. This time may be extended if the parties or
				other interested persons are to submit briefs; but, in no event may this time
				be extended by more than 10 working days, unless a later date is stipulated, in
				writing, by Petitioner and Respondent.
(i)
				Within 10 calendar days of the date of the hearing officer's recommended
				decision, each party shall be allowed to file with the Department exceptions to
				the recommended decision with or without a supporting brief. Such exceptions
				and briefs shall be served on all other parties.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-19 - Appeals

Current through July 13, 2024
(a) Upon receipt of
				the final order, if adverse to the party, the party may submit a petition to
				the District Court in the county where the administrative action or inaction
				was taken, or the District Court in the county in which the party adversely
				affected by the administrative action or inaction resides or has its principle
				place of business, and in compliance with W.S. §
									
										16-3-114(a).
(b) Appeals from a final decision of the
				Department shall be taken in accordance with W.S. §
									
										16-3-114 and Rule 12 of the Wyoming Rules of
				Appellate Procedure. The Department may appeal a final decision of the Office
				of Administrative Hearings in accordance with W.S. §
									
										14-3-204(b) and the Wyoming
				Rules of Appellate Procedure.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 1 - CONTESTED CASE HEARING PROCEDURES › Section 1-20 - Transcripts and Record

Current through July 13, 2024
The hearing officer shall record all contested case
				  proceedings electronically, through the use of a qualified court reporter or
				  any other appropriate means determined by the Department, or hearing officer,
				  as approved by the Department. Transcriptions of oral proceedings or written
				  transcripts of a witness's testimony may be obtained upon payment of the cost.
				  Costs may include costs of transcription, pro-rated time of a Department
				  employee to duplicate tapes for transcription, cost of tapes and any other cost
				  associated with transcription of the hearing tapes.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-1 - Authority

Current through July 13, 2024
These rules are promulgated pursuant to W.S. §
									
										16-3-101, et. seq., W.S. §
									
										9-2-2104(a)(vii) and W.S.
				  §
									
										14-4-101
				  through
				  14-4-116.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-2 - Purpose

Current through July 13, 2024
These rules have been adopted to provide uniform procedures
				  for the conduct of contested case hearings before the Child Care Certification
				  Board pursuant to the Wyoming Administrative Procedure Act, W.S. §
									
										16-3-101 through §
									
										16-3-115, and the statutes related to Child
				  Care Facilities Certification, W.S. §
									
										14-4-101
				  through
				  14-4-116.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-4 - Incorporation by Reference

Current through July 13, 2024
(a) Any code,
				standard, rule or regulation incorporated 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.
(b) 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://soswy.state.wy.us/Rules/RULES/9644.pdf, with the exception of the
				following sections: 2, 4(b) & (c), 9(a) & (c), 14(e), 15, 16(d), 19,
				21, and 26.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-5 - Definitions

Current through July 13, 2024
(a) "Board" - the
				Child Care Certification Board acting as the board of review.
(b) "Chairman" - the chairman of the Child
				Care Certification Board.
(c)
				"Department" - the Department of Family Services.
(d) "Director" - the Director of the
				Department of Family Services.
(e)
				"Ex parte matter" - matters heard by the Hearing Officer in the absence of and
				without notice to the adverse party.
(f) "Hearing Officer" shall be any designee
				of the Chairman to serve as the presiding officer at a hearing held under these
				rules. The Chairman may appoint such persons as necessary to assist in the
				conduct of a hearing.
(g) "Informal
				Conference" - the conference conducted at the Department local level by the
				Licensing Program Manager or Supervisor to review case information concerning
				local Department action regarding a contested case.
(h) "Person" - any individual, partnership,
				corporation, association, municipality, governmental subdivision, public or
				private organization of any character, other than an agency.
(i) "Petitioner" - Department or individual
				as designated by the Hearing Officer.
(j) "Respondent" - Department or individual
				as designated by the Hearing Officer.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-6 - Requests for Hearing

Current through July 13, 2024
Any person or his/her formally designated representative may
				  make a written request to the Department for a hearing in a contested case.
				  Requests may be provided to the local Department offices and shall then be
				  forwarded to the Department State office.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-7 - Contents of Request for Contested Case Hearings

Current through July 13, 2024
(a) The request
				shall contain at least:
(i) Name, address,
				and telephone number of the person requesting the hearing; and identification
				of the person on whose behalf the hearing is being requested;
(ii) The reason for the request, including
				the nature of the departmental action, order or determination being contested;
				and
(iii) Name and address of the
				requesting party's legal counsel or representative, if the requesting party has
				retained counsel or a representative at the time the request for hearing is
				made.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-8 - Time Period for Requests and Evaluation of Requests

Current through July 13, 2024
(a) Requests for a
				hearing on issues pertaining to child care facility licensing or certification
				shall be made within 10 days of receipt of notice of the Department
				action.
(b) The Chairman of the
				Child Care Certification Board, or designee, shall evaluate the request, and
				within 20 days of receipt of the request:
(i)
				Notify the requesting party a hearing has been approved and shall be held in
				accordance with these rules; or
(ii) Notify the requesting party of the
				denial of a hearing as requested and the reasons for the denial.
(A) A hearing may be denied if the request
				for a hearing does not meet the definition of a contested case or if no adverse
				action has been taken by the Department, against a person requesting the
				hearing.
(B) A denial of a request
				for a hearing is a final decision of the Board which may be appealed to the
				district court pursuant to the Wyoming Administrative Procedures Act.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-9 - Filing and Service of Papers

Current through July 13, 2024
In all contested case hearings, the parties shall file all
				  original documents, pleadings and motions with the Board with true and complete
				  copies of the particular documents, pleadings or motions properly served on all
				  of the parties or their attorneys and the Hearing Officer.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-10 - Notice of Hearing; Request for Continuance

Current through July 13, 2024
(a) In any
				contested case, all parties shall be afforded no less than 20 days advance
				notice of the hearing. The time period specified herein may be waived by an
				individual upon written notification filed pursuant to Section
				9.
(b) Upon request for a continuance by either
				party served, the hearing officer shall, upon a showing of good cause, allow
				the party an alternative time and place for the hearing, provided such request
				is made within 10 days from the date of mailing of the notice of hearing.
(i) When a request for a continuance is
				granted, the hearing officer shall reissue the notice in accordance with these
				rules at least five (5) days prior to the hearing date.
(ii) Only one (1) request for rescheduling of
				a hearing shall be honored unless, in the hearing officer's judgment,
				additional changes shall be allowed to avoid manifest injustice.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-11 - Failure to Appear

Current through July 13, 2024
If a party requesting a hearing fails to appear at the place,
				  date, and time specified in a notice, the hearing officer may:
(a) Continue the hearing to a later date and
				provide notice as prescribed by these rules; or
(b) Dismiss the hearing and send notice to
				all parties the hearing was dismissed for the requesting party's failure to
				appear. The party requesting the hearing shall have 20 days from the mailing of
				the dismissal notice to submit a written request that the hearing be
				re-calendared, accompanied by a showing that good cause existed for the
				requesting party to have failed to appear at the originally scheduled
				hearing.