reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-12 - Informal Conference

Current through July 13, 2024
Within 10 days of receipt at the state office of the hearing
				  request, the program manager, shall arrange an informal conference with the
				  party requesting the hearing and the supervisor of the licenser, to discuss
				  potential settlement of the case. If the parties arrange settlement, informal
				  disposition shall be followed.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-13 - 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
				  Board.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-14 - Hearing Officer

Current through July 13, 2024
(a) The Chairman or
				designee shall appoint a hearing officer to preside over contested case
				hearings on a case-by-case basis or for a scheduled period of time, as deemed
				appropriate.
(b) Any party may
				request in writing the Chairman recuse 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 Chairman or designee may deny a party's request for
				recusal 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
				Chairman or designee shall appoint a new hearing officer as soon as is
				practicable.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-15 - Hearing Panel

Current through July 13, 2024
(a) A Hearing Panel
				shall be selected from the Child Care Certification Board to hear a case and
				make a recommendation for the Child Care Certification Board to make the final
				decision.
(b) A Hearing Panel shall
				consist of a committee of three (3) or more Board members designated by the
				Chairman of the Child Care Certification Board to hear a case and recommend a
				decision on behalf of the Board.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-16 - Evidence and Testimony; Telephone Conferences

Current through July 13, 2024
(a) The Department
				bears the burden of proof in cases where an existing license was suspended,
				revoked, or denied a renewal. The Petitioner shall bear the burden of proof in
				instances where an initial license was denied. The burden of proof shall be by
				a preponderance of the evidence.
(b) Privileged and confidential information
(i) Any privilege at law shall be recognized
				by the hearing officer in considering evidence.
(ii) No employee of the Department shall be
				compelled to testify or to divulge information which is confidential or
				privileged at law and which is contained within the records of the Department
				or acquired within the scope of employment except as provided in W.S. §
										
											16-3-107.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-17 - 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 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-18 - Decisions

Current through July 13, 2024
(a) The hearing
				officer shall make proposed findings of fact and conclusions of law within 20
				working days of the close of the hearing and forward them to members of the
				Hearing Panel for approval as a recommended decision. 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 working days of the hearing
				officer's recommended decision, the Hearing Panel shall issue its recommended
				decision to the Board.
(ii) Within
				10 working days of the date of the Hearing Panel's recommended decision, each
				party shall be allowed to file with the Board 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 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-19 - Appeals

Current through July 13, 2024
Appeals from a final decision of the Board shall be taken in
				  accordance with W.S. §
									
										16-3-114 and Rule 12 of the Wyoming Rules of
				  Appellate Procedure.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0012 - Contested Case Hearing › Chapter 2 - SUBSTITUTE CARE AND CHILD CARE LICENSING › Section 2-20 - Transcripts and Record

Current through July 13, 2024
(a) When a
				contested case is set for hearing, the Chairman or designee shall assign a
				docket number to each case and enter the case with its number and date of
				filing in a docket book maintained by the Chairman or designee. The Chairman or
				designee shall maintain a separate file for each docketed case in which all
				pleadings, transcripts, correspondence, papers, and exhibits for that case
				shall be maintained. All such items shall have noted thereon the assigned
				docket number and the date of filing.
(b) The Chairman or designee 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 the
				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.
(i) In a nonpublic investigation proceeding,
				requests for copies or transcripts may be limited to testimony of the
				requesting party.
(ii) Where
				individuals can demonstrate indigence and cannot effectively perfect appeal
				without such transcription, the Department may waive the payment of the
				fee.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-1 - Authority

Current through July 13, 2024
(a) These rules and regulations are
				promulgated under
				W.S.
				9-2-106(a)(vii), which
				requires the director to promulgate reasonable rules and regulations, after
				consultation with the departmental advisory council, in compliance with the
				Wyoming Administrative Procedures Act, for the implementation of all state and
				federal public health, welfare, rehabilitation and mental health
				laws.
(b) W.S. W.S.
				W.S.
				21-13-315 requires the Division of Public
				Assistance and Social Services to promulgate reasonable rules and regulations
				to provide for the court-ordered placement of children in private residential
				treatment facilities and group homes.
(c) Pursuant to these mandates, the following
				rules and regulations of the Division of Public Assistance and Social Services
				are hereby promulgated.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-2 - Application of Rules

Current through July 13, 2024
These rules apply to:
(a) The certification, recertification and
				payment of the costs of treatment, care and maintenance, but not education, for
				children age six to 19 who are placed in a private residential treatment
				facility or group home by a juvenile court;
(b) The periodic review of those
				court-ordered placements;
(c)
				Wyoming children currently placed in a facility pursuant to a court order, and
				to such placements ordered by a Wyoming juvenile court after July 1, l985;
				and
(d) Group home placements
				effective July 1, l986.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-5 - Rule Changes

Current through July 13, 2024
Any amendments to these rules shall become effective in
				  accordance with the Wyoming Administrative Procedures Act,
				  W.S.
				  16-3-101 through
				  16-3-115.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-6 - Confidentiality

Current through July 13, 2024
The Director of the 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 0013 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-8 - Definitions

Current through July 13, 2024
(a) "Administrator" means the person
				appointed by the Governor pursuant to
				W.S.
				9-3-104 to administer the Division of Public
				Assistance and Social Services of the Department of Health and Social
				Services.
(b) "Boards of
				Cooperative Educational Services Schools (BOCES)" are residential schools that
				provide educational services including but not limited to vocational-technical
				education, adult education and services for exceptional children, in accordance
				with the Boards of Cooperative Educational Services Act.
(c) "Central office" refers to the central
				administrative office in Cheyenne of the Division of Public Assistance and
				Social Services.
(d) "Comparable
				costs" are those costs that the Division of Public Assistance and Social
				Services has determined fit the standard costs for service in either a group
				home or residential treatment facility.
(e) "Crisis services" means a program that:
(i) Provides services for a period of 30 days
				or less;
(ii) May or may not have a
				court order for each client; and
(iii) Does not exceed serving 10 children per
				facility.
Crisis services do not include group home services.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 2 - FACILITY CERTIFICATION › Section 2-2 - Facilities Eligible for Inclusion on the List

Current through July 13, 2024
The Division shall advise all private residential treatment
				  facilities that have served a court-ordered placement paid for in whole or in
				  part by the Division since July 1, 1985 (group homes as of July 1, 1986), that
				  they can apply on the Division form to be on the list. Any other facility or
				  group home may apply to be on the list at any time.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 2 - FACILITY CERTIFICATION › Section 2-3 - Inclusion on the List

Current through July 13, 2024
The Division shall place only those providers (residential
				  treatment facilities and group homes) on the list that meet the following
				  requirements:
(a) Approval for
				certification/licensing has been granted by the appropriate state authority and
				there is a current certificate/license; and
(b) The Administrator has determined that the
				services of the residential treatment facility or group home are comparable to
				the cost of similar services by other facilities based on the following:
(i) Group homes and residential treatment
				providers are considered separately.
(ii) Within each of the above categories, the
				Administrator shall compare and review the provider's charges for services with
				the "standard costs for services" developed by the Division.
(iii) The Division shall add other
				governmental funds (federal, county, city) to the costs of the group home or
				residential treatment facility in determining comparable costs.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 2 - FACILITY CERTIFICATION › Section 2-4 - Notice of Approval

Current through July 13, 2024
The Administrator shall notify all facilities and group
				  homes, within 10 days following a decision, whether or not the facility or
				  group home has been included on the list and send them a copy of the
				  list.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 2 - FACILITY CERTIFICATION › Section 2-5 - Distribution of List

Current through July 13, 2024
The Division of Public Assistance and Social Services
				  central office shall distribute a copy of the list and periodic updates of the
				  list to each Wyoming:
(a) District
				court judge;
(b) Clerk of the
				district court;
(c) County and
				district attorney; and
(d) Division
				field office.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 2 - FACILITY CERTIFICATION › Section 2-6 - Fair Hearings

Current through July 13, 2024
Any facility or group home that is denied certification to
				  be on the list may request a fair hearing in accordance with "Procedures for
				  the Conduct of Contested Case Hearings", Chapter V.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 3 - REQUEST FOR PLACEMENT CERTIFICATION AND RENEWAL › Section 3-1 - General

Current through July 13, 2024
The Division of Public Assistance and Social Services field
				  office must complete a predisposition study for every placement they intend to
				  make in a private residential treatment facility or group
				  home.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 3 - REQUEST FOR PLACEMENT CERTIFICATION AND RENEWAL › Section 3-2 - Predisposition Study - Division of Public Assistance and Social Services Personnel

Current through July 13, 2024
The predisposition study is to be completed by the Division
				  of Public Assistance and Social Services (through the field office), and shall
				  include:
(a) Documentation that the
				proposed placement meets the following criteria:
(i) The child and/or family has emotional,
				behavioral, mental, physical, medical or nursing care needs to the degree that
				24-hour out-of-home care is required; and
(ii) Community resources that are appropriate
				and necessary to maintain the child in his/ her own home are absent or
				exhausted; and
(iii) Out-of-home
				placement is most likely to remedy the dysfunction that is raising the issue of
				placement of the child out of his/her own home; and
(iv) The placement is the least restrictive,
				least expensive setting and adequately meets the needs of the child;
				and
(v) A time frame is established
				for the placement based on the needs of the child; and
(vi) Services will be provided to the parents
				and the child to improve conditions in the parents' home and facilitate return
				of the child to his/her home (including time frames); and
(vii) Services will be provided to the child
				in the group home or residential treatment facility to address the needs of the
				child while in placement.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 3 - REQUEST FOR PLACEMENT CERTIFICATION AND RENEWAL › Section 3-3 - Predisposition Study - Other Qualified Personnel

Current through July 13, 2024
If the court assigns a probation officer or other qualified
				  person (pursuant to
				  W.S.
				  14-6-227 ) to complete the predisposition
				  study, the following shall be included:
(a) A description of efforts to provide
				services to the child in the home prior to placement;
(b) Contact with other agencies involved with
				the child. At a minimum, those contacted shall include the child's school and
				the field office of the Division of Public Assistance and Social
				Services;
(c) The presence of any
				preexistent and identified handicapping conditions;
(d) A review of the financial resources of
				the child's parent or guardian;
(e)
				A statement by the field office manager or designee that funds are available in
				the field office court ordered placement budget. If funds are not available,
				the field office manager shall inform the Administrator or Administrator's
				designee.
(f) The names of persons
				and agencies contacted in preparing the report.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 3 - REQUEST FOR PLACEMENT CERTIFICATION AND RENEWAL › Section 3-4 - Approval of Predisposition Study

Current through July 13, 2024
The Division of Public Assistance and Social Services field
				  office manager or designee shall approve the predisposition study completed by
				  the Division field office, which must fit all of the criteria listed in Section
				  2
				  of this Chapter.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 3 - REQUEST FOR PLACEMENT CERTIFICATION AND RENEWAL › Section 3-5 - Request for Renewal

Current through July 13, 2024
The Division shall only pay for up to six months of
				  residential and treatment costs on any court-ordered placement in a facility or
				  group home. To renew an ongoing placement for any additional six-month period,
				  the field office must have completed a Division periodic review form. After 17
				  months have elapsed from the time of original placement, the Division's
				  18-month dispositional review requirement shall have been completed and
				  documented on the Division periodic review form.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 3 - REQUEST FOR PLACEMENT CERTIFICATION AND RENEWAL › Section 3-6 - Policy Compliance Review

Current through July 13, 2024
The central office of the Division of Public Assistance and
				  Social Services will conduct periodic reviews of a sampling of court-ordered
				  placements to ensure compliance with the legislation and these
				  rules.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 4 - PLACEMENT CERTIFICATION › Section 4-2 - Payment for Interim Placements

Current through July 13, 2024
If a judge issues a court order placing a child under the
				  Division's custody into an interim placement prior to completion of a
				  certification decision, the Division shall pay for no more than 45 days of
				  residential and treatment costs for that interim placement.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 4 - PLACEMENT CERTIFICATION › Section 4-3 - Payment for Placement

Current through July 13, 2024
(a) Facilities and
				group homes shall bill the Division monthly. The Division shall pay the above
				bills, when approved, within 45 days of receipt of the bills.
(b) The Division's Economic Assistance Unit
				shall collect child support payments by parents/ guardians ordered by the
				court, as well as payments from other sources such as the Social Security
				Administration and insurance companies.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 4 - PLACEMENT CERTIFICATION › Section 4-4 - Court Orders on Placements

Current through July 13, 2024
The field office manager or designee shall review all court
				  orders on placements to ensure that they contain the following
				  information:
(a) Custody of the
				child;
(b) The child's school
				district or school districts of residency;
(c) A statement to the effect that
				continuation of residence at home is contrary to the welfare of the child or
				that placement is in the best interests of the child; and
(d) A statement that either reasonable
				efforts were made to prevent removal from the home, or it was not appropriate
				or in the best interests of the child to prevent removal from the home.
If a court order is incomplete, he/she shall immediately
				  contact the court to resolve the issues.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-2 - Applicability

Current through July 13, 2024
Contested case hearings on any of these rules shall be
				  conducted in accordance with this Section unless specifically provided
				  otherwise by statute, unless this procedure would conflict with federal
				  regulations.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-3 - Definitions

Current through July 13, 2024
The definitions set forth in the Wyoming Administrative
				  Procedures Act,
				  W.S.
				  16-3-101, are incorporated by reference and,
				  for the purposes of a contested case hearing, the following definitions shall
				  apply:
(a) "Affidavit" means a written
				notarized statement of facts made voluntarily under oath.
(b) "Contestant" refers to the person or
				person's representative bringing the complaint against the Division.
(c) "Contested case" means a proceeding by
				the Division in which legal rights, duties or privileges of a party are
				required by law or regulation to be determined by the Division.
(d) "Division" refers to the Division of
				Public Assistance and Social Services of the Department of Health and Social
				Services.
(e) "Administrator"
				refers to the Administrator of the Division of Public Assistance and Social
				Services.
(f) "Ex parte matter"
				refers to matters that may be heard by the hearing officer in the absence of
				and without notice to the adverse party.
(g) "Hearing officer" means any employee of
				the Attorney General's office or other individual designated by the
				Administrator to serve as the presiding officer at a hearing held under these
				rules.
(h) "Indispensable party"
				means any person whose joinder as a party is so important to a just resolution
				of the contested case that if he cannot be joined, the action should not be
				allowed to proceed. The hearing officer will determine who is an "indispensable
				party".
(i) "Person" means any
				individual, partnership, corporation, association, municipality, governmental
				subdivision, public or private organization of any character, other than an
				agency.
(j) "Respondent" refers to
				the Division of Public Assistance and Social Services and/or the state
				Department of Education.
(k) "WAPA"
				refers to the Wyoming Administrative Procedures Act, W.S. W.S.
				W.S.
				16-3-101 through
				16-3-115.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-4 - Request for Hearing

Current through July 13, 2024
Any person or his representative may make a request to the
				  Division, either orally or in writing, for a hearing in a contested case. Any
				  hearing made orally shall be reduced to writing by the Division and entered in
				  the contestant's record.
(a) The
				request shall contain at least:
(i) Name,
				address and telephone number of the person requesting the hearing;
				and
(ii) The reason for the
				request, including the nature of the Division's action, order or determination
				being contested.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-5 - Notice of Hearing

Current through July 13, 2024
(a) In any
				contested case, the Administrator 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.
				The time period specified herein may be waived by the contestant upon written
				or oral notification to the Administrator. Where notification of waiver is made
				orally, it shall be reduced to writing by the Administrator and entered in the
				contestant's record.
(ii) Notice
				shall be served personally or by certified mail to the last known address of
				the party.
(iii) Where the
				necessary and indispensable parties are composed of a large class, notice shall
				be:
(A) Served upon a reasonable number of
				representatives of the class; or
(B) Published in newspaper(s) of the state in
				reasonable numbers and times, and at a minimum in the county in which the
				contestant resides, and in at least one newspaper with statewide circulation.
				In any county in which more than one newspaper is published, notice shall be
				published in the official paper of the county designated pursuant to
				W.S.
				18-3-517.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-6 - Failure to Appear

Current through July 13, 2024
If a contestant fails to appear at the place, date and time
				  specified in a notice, the hearing officer may, within his discretion:
(a) Continue the hearing to a later date and
				provide notice as prescribed herein; or
(b) Proceed to conduct the hearing without
				the contestant and dispose of the contested case as provided herein;
				or
(c) Dismiss the
				request.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-7 - Discovery

Current through July 13, 2024
All discovery in a contested case shall be governed by the
				  Wyoming Rules of Civil Procedure, as described in the WAPA,
				  W.S.
				  16-3-107(g) and (h). The
				  party for whom any depositions are taken will ensure that the original
				  transcripts are placed in the record by filing them with the Administrator or
				  his/her designee. All other records of discovery shall likewise be filed with
				  the Administrator or his/her designee by the party originating such
				  discovery.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-8 - Prehearing Conference

Current through July 13, 2024
(a) At a time on or
				before the day of the hearing, the hearing officer, on his own or either
				party's motion, may meet with the parties for a conference to consider
				simplification of the issues, stipulations and admissions of fact,
				clarification or limitation of evidence, and any other matters that may
				expedite the proceeding and assure a just conclusion of the case.
(b) Any stipulations, limitations or
				agreements made at a prehearing conference shall be recited in the record and
				shall control the course of the proceedings, unless modified during the hearing
				to prevent manifest injustice.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-9 - Informal Disposition

Current through July 13, 2024
Settlement of a contested case by any informal means (i.e.,
				  stipulation, agreed settlement or consent order) 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 Administrator or his/her designee
				  shall enter an order dismissing the contested case proceeding upon such
				  settlement, and such order shall be considered a final order of the
				  Division.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-10 - Hearing Officer

Current through July 13, 2024
(a) The
				Administrator or his/her designee shall appoint a hearing officer to preside
				over contested case hearings on a case-by-case basis, or for a scheduled period
				of time, as he/she sees fit.
(b)
				The hearing officer shall be an employee of the Attorney General's staff, or
				other individual determined by the Administrator to be qualified to serve in
				such a capacity, who has not taken part in the investigation, preparation or
				earlier disposition of the case to be heard.
(i) The hearing officer shall withdraw
				himself from consideration of a case at any time he deems himself disqualified,
				providing there are other qualified presiding officers available to act.
				Withdrawal shall be made in writing to the Administrator.
(ii) Any party may request in writing that
				the Administrator remove and replace the hearing officer in a contested case.
				This request must be accompanied by a statement and affidavits, if appropriate,
				setting forth the alleged grounds for disqualification. The Administrator may
				deny a party's request for removal and shall issue a written statement
				explaining the grounds for his denial, which shall be made part of the record.
				If the request is granted, the Administrator shall appoint a new hearing
				officer as soon as is practicable.
(iii) The contestant may object to the
				appointment of the hearing officer in the record at the hearing. The objection
				shall set forth the alleged grounds for disqualification.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-11 - Evidence and Testimony

Current through July 13, 2024
(a) Except as may
				be otherwise ordered by the hearing officer, the contestant bears the burden of
				proof.
(b) Admissibility of
				evidence:
(i) The parties shall be entitled
				to present any oral or documentary evidence, submit rebuttal evidence and
				conduct cross-examinations as may be required for a full disclosure of the
				facts. All documentary or physical evidence submitted for consideration shall
				be marked by letters of the alphabet beginning with "A". Contestant's exhibits
				will be marked by numbers beginning with "1".
(ii) The hearing officer shall allow any oral
				or documentary evidence, except that he may exclude irrelevant, immaterial or
				unduly repetitious evidence.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-12 - Representation

Current through July 13, 2024
(a) All parties have a right to represent
				themselves, or to be represented by an attorney licensed to practice law in
				Wyoming or any other person chosen by the contestant to appear on his/her
				behalf. If the contestant is represented by an attorney, payment of attorney's
				fees and cost are the responsibility of the contestant. The contestant may be
				eligible for legal services available through the Legal Services Corporation if
				he/she meets the applicable guidelines of that agency.
(i) Only the individual party, his/her
				attorney or his/her representative may examine or cross-examine
				witnesses.
(ii) The hearing officer
				may examine witnesses.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-13 - Order of Procedure

Current through July 13, 2024
(a) As nearly as
				practicable, the following order of procedure shall be followed:
(i) The hearing officer shall announce the
				hearing is open and call, by docket number and title, the case to be heard. The
				hearing officer shall ask if parties are ready to proceed and will allow
				parties an opportunity to dispose of any preliminary matters.
(ii) The hearing officer shall administer the
				oath to all witnesses who will present testimony.
(iii) The hearing officer may, in his
				discretion, allow evidence to be heard in an order other than that prescribed
				here, and shift the burden of proof accordingly.
(iv) Opening statements will be made by
				contestant first, then respondent.
(v) Evidence will be heard for contestant
				first, then respondent. The contestant may then offer rebuttal evidence.
				Parties may each exercise the right to crossexamine.
(vi) No testimony shall be received by the
				hearing officer unless given under oath/ affirmation administered by the
				hearing officer.
(vii) Closing
				statements will be made by the contestant first, then respondent, then the
				contestant in rebuttal.
(viii) The
				hearing officer may limit the time for opening and closing
				statements.
(ix) The hearing
				officer may recess the proceedings as appropriate.
(x) After all parties have had an opportunity
				to be heard, the hearing officer shall excuse all witnesses and close the
				evidence.
Evidence may be reopened only upon a motion by a party to the
				  proceeding on a showing of good cause.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-14 - Decisions

Current through July 13, 2024
(a) The hearing officer shall make proposed
				findings of fact and conclusions of law within 20 working days of the close of
				the hearing and forward them to the Administrator 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 the contestant and
				respondent.
(i) Within 10 working 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 other parties.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-15 - Appeals

Current through July 13, 2024
Appeals from a final decision of the Division shall be taken
				  in accordance with
				  W.S.
				  16-3-114 and Rule 12 of the Wyoming Rules of
				  Appellate Procedure.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0013 - Workforce Development Training Fund › Chapter 5 - PROCEDURES FOR THE CONDUCT OF CONTESTED CASE HEARINGS › Section 5-16 - Transcripts and Record

Current through July 13, 2024
(a) When a
				contested case is set for hearing, the Administrator or his/her designee shall
				assign a docket number to each case and enter the case with its number and date
				of filing in a docket book maintained by the Administrator or his/her designee.
				The Administrator or his/her designee shall maintain a separate file for each
				docketed case in which all pleadings, transcripts, correspondence, papers and
				exhibits for that case shall be maintained. All such items shall have noted
				thereon the assigned docket number and the date of filing.
(b) The Division shall record all contested
				case proceedings electronically, through the use of a qualified court reporter
				or any other appropriate means determined by the agency or the hearing officer.
				Transcriptions of oral proceedings or written transcripts of a witness'
				testimony may be obtained by the contestant upon payment of the cost.
(i) In a nonpublic investigatory proceeding,
				requests for copies or transcripts may be limited to testimony of the
				requesting party.
(ii) Where the
				contestant can demonstrate that he/she is indigent and cannot effectively
				perfect his/her appeal without such transcription, the Division may waive the
				payment of the fee.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-1 - Authority

Current through July 13, 2024
These rules of the Department of Family Services (Department)
				  regarding the Central Registry of Child and Vulnerable Adult Protection cases
				  are promulgated pursuant to W.S. §
									
										14-3-213 through W.S. §
									
										14-3-214, W.S. §
									
										35-20-103, and W.S. §
									
										35-20-115 through W.S. §
									
										35-20-116.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-3 - Severability

Current through July 13, 2024
If any provision of these rules or the application thereof to
				  any person, program, service or circumstance is held invalid, the invalidity
				  shall not affect other provisions or applications of these rules. To the extent
				  that these rules can be given effect without the invalid provision, the
				  provisions of these rules are severable.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-4 - Definitions

Current through July 13, 2024
(a) "Applicant"
				means an employer or entity whose employees or volunteers may have unsupervised
				access to children or vulnerable adults in the course of their employment or
				volunteer service, which may include child caring facilities, any state agency,
				and state institutions, who applies to the Department for a Central Registry
				screen.
(b) "Central Registry"
				means a statewide record of persons who have been the subject of a
				substantiated child or vulnerable adult maltreatment complaint or for whom a
				complaint is under investigation.
(i) The
				Central Registry is not a list of court adjudications. Substantiated findings
				are based upon a "preponderance of the evidence" standard.
(ii) When child and vulnerable adult
				maltreatment investigations are completed by the Wind River Reservation
				pursuant to a contract entered into between the Department and a Wind River
				tribal entity, Tribal Social Services is responsible for entry of cases into
				the Department's record system if all required notices are provided to the
				subject of the investigation, per the contract. Cases in which all required
				notices to the subject of the investigation cannot be verified shall be amended
				from the Department's Central Registry.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-5 - Definitions

Current through July 13, 2024
(a) The WDTF shall work with the Wyoming
				Workforce Development Council to develop a model to distribute funds on a
				prioritized needs basis based on, at a minimum, the following:
(i) Economic growth potential;
(ii) Employment base;
(iii) Wages, benefits and career
				opportunities;
(iv) Importance of
				the industry sector or occupation to the state and regional economy;
				and
(v) Workforce development
				needs.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-6 - Introduction

Current through July 13, 2024
The Department is responsible for providing child and adult
				  protective services to children and families. The Department will create,
				  maintain and use the Central Registry to aid in fulfilling that
				  responsibility.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 1 - BUSINESS TRAINING GRANTS › Section 1-7 - Goals

Current through July 13, 2024
The creation and maintenance of the Central Registry is
				  directed toward the following four (4) goals:
(a) Identification of prior substantiated
				reports for use in the evaluations of current reports;
(b) Monitoring the current status of all
				pending cases;
(c) Collection of
				statistical information for use in public education and evaluation of program
				effectiveness.
(d) Performance of
				Central Registry record checks for employment purposes, on volunteers,
				prospective or current employees who may have unsupervised access to children
				and vulnerable adults, according to W.S. §
									
										14-3-214(f) and W.S. §
									
										35-20-115.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-1 - Collection of Information

Current through July 13, 2024
(a) The Department
				field office staff shall enter every report/complaint of suspected maltreatment
				of a child or vulnerable adult into the computer system.
(b) When law enforcement conducts an
				investigation of maltreatment of a child or vulnerable adult, independently
				from the Department, and provides a report of the investigation to the
				Department, a social worker with the local Department field office shall review
				the investigation record. After reviewing the record, and consulting with the
				investigator when necessary, the social worker shall enter complaint
				information and an appropriate finding into the computer system. Then, the
				social worker will provide the required notice to the perpetrator, per W.S.
				§
									
										14-3-213(f) and W.S. §
									
										35-20-115(d).
(c) When the Department assists law
				enforcement in third party criminal complaints (e.g. noncustodial and sexual
				assaults), the complaint information and appropriate findings may be entered
				into the computer if all required notices are provided to the subject of the
				investigation, per Department rules.
(d) When federal agencies conduct
				maltreatment investigations of a child or vulnerable adult in federal parks or
				on military bases, the cases may be entered into the computer system when
				sanctioned by an existing agreement or contract signed by the Department, the
				Attorney General and the federal agency.
(e) When investigations are completed by the
				Wind River Reservation under the Intergovernmental Tribal-State Contract for
				the Provision of Social Services, Tribal Social Services is responsible for
				entry of cases into the computer system if all required notices are provided to
				the subject of the investigation, per Department rules.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-2 - Type of Entry

Current through July 13, 2024
Pre-Hire Economic Development Training Grants are available
				  to develop an industry specific workforce for a business, businesses or
				  industry when there is a shortage of skilled workers.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-3 - Accuracy

Current through July 13, 2024
Prior to finalizing the data entry into the Central Registry,
				  the social worker shall review the allegation screens to ensure that the
				  information is correct and matches the finding.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-4 - Changing an Entry

Current through July 13, 2024
The Department may amend, expunge or remove any record from
				  the Central Registry if:
(a) Good
				cause is shown, which includes, but is not limited to:
(i) Discovery of a data entry
				error;
(ii) Uncovering of new
				evidence;
(iii) Change of a finding
				due to administrative review, fair hearing or subsequent court
				appeals;
(iv) Rehabilitation is
				demonstrated. Rehabilitation shall be determined by a professional panel
				appointed by the director or designee;
(v) Complaints would have been substantiated
				at low risk as per the Rules and Regulations Governing Child Protective
				Services (December, 1992); or substantiated as a minor incident per the Rules
				and Regulations Governing Adult Protective Services (August, 1998);
				or
(vi) Death of the
				perpetrator.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0014 - Workforce Development Training Fund › Chapter 2 - PRE-HIRE ECONOMIC DEVELOPMENT TRAINING GRANTS › Section 2-5 - Security

Current through July 13, 2024
All records concerning reports or investigations of child
				  abuse or neglect and vulnerable adult abuse, neglect, abandonment or
				  exploitation are confidential pursuant to W.S. §
									
										14-3-214, W.S. §
									
										35-20-108 and W.S. §
									
										35-20-112, and all such information shall be
				  confidentially maintained.