reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0004 - Criminal Investigation - Controlled Substances › Chapter 1 - SAMPLE AND DESTROY › Section 1-8 - Chain of Custody; Laboratory Testing

Current through July 13, 2024
(a) All bulk amount
				controlled substances, including its representative sample, shall be submitted
				for storage at the Division's evidence facility.
(b) Upon receipt of the submitted evidence,
				evidence facility personnel will notify the crime lab of the representative
				samples for which forensic analysis has been requested. Designated crime lab
				and evidence facility personnel will coordinate transportation of evidence to
				and from the lab for examination/analytical and/or storage purposes.
(c) The chain of custody shall be
				maintained.
(d) The crime lab shall
				test the representative samples using techniques widely accepted by the
				scientific community.
(e) A copy of
				the test results shall be placed in the master case file.
(f) Once testing of the representative
				samples has been completed, the samples shall be placed in the container in
				which originally submitted to the crime lab, and returned to the Division's
				evidence facility for storage with the bulk amount from which the samples were
				extracted.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0004 - Criminal Investigation - Controlled Substances › Chapter 1 - SAMPLE AND DESTROY › Section 1-9 - Evidentiary Value of Representative Sample

Current through July 13, 2024
(a) Once confirmed
				by the crime lab's analysis that the samples collected from the bulk amount are
				a controlled substance, the total representative sample may be used for
				criminal prosecution, and/or civil forfeiture proceedings.
(b) An amount sufficient for testing by
				defense experts shall be made available for the purpose of defending criminal
				charges at the request of the criminal defense.
(i) The defense shall make its request in
				writing, to the Division, and shall name in its request the analytical
				laboratory that it intends to test the controlled substance. This laboratory
				shall be registered with the Drug Enforcement Agency (DEA).
(ii) Upon such a request, the crime lab will
				draw a sample of suitable size for testing. This sample will be transferred
				directly to the laboratory of defense counsel's choosing.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0004 - Criminal Investigation - Controlled Substances › Chapter 1 - SAMPLE AND DESTROY › Section 1-10 - Destruction of Bulk Amounts of Controlled Substances

Current through July 13, 2024
(a) After
				the sampling and testing process is complete, the Attorney General acting in
				his capacity as the Commissioner of Drugs and Substances Control, or the
				Attorney General's Chief Deputy, may order the destruction of that bulk amount
				of seized controlled substance in excess of the representative
				samples.
(b) The retained sample
				will be stored at the Division's evidence facility or other suitable evidence
				facility until it no longer possesses any evidentiary value, criminal or civil.
				At such time, the Commissioner may authorize any law enforcement officer to
				apply to the appropriate district court of jurisdiction for an order providing
				for the destruction of the representative samples.
(c) Destruction of controlled substances
				pursuant to these rules shall be accomplished by burning in a suitable
				incinerator or by another method as long as the destruction is accomplished in:
(i) A safe and responsible manner;
(ii) Compliance with all relevant federal,
				state, local laws, and administrative rules;
(iii) Compliance with any requirements of the
				Wyoming Department of Environmental Quality and the Environmental Protection
				Agency.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0004 - Criminal Investigation - Controlled Substances › Chapter 1 - SAMPLE AND DESTROY › Section 1-11 - Savings Clause

Current through July 13, 2024
Should any provision of these rules and regulations be held
				  invalid or unconstitutional, such a ruling shall not affect other provisions of
				  these regulations which can be given effect without the invalid or
				  unconstitutional provision and, to this end, the provisions of these rules and
				  regulations are severable.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 1 - General Provisions › Section 1-2 - Purpose

Current through July 13, 2024
The purpose of these rules is to implement the legislative
				  mandate to:
(a) Promulgate standards
				and procedures to ensure the security and privacy of criminal history
				information and to limit the use of such information to criminal justice and
				other lawful purposes;
(b)
				Promulgate standards and procedures, in conformance with the Wyoming Criminal
				History Records Act, relating to access and dissemination of criminal history
				record information, research, system security, record completeness and
				accuracy, training, and intrastate and interstate exchanges;
(c) Establish audit practices; and
(d) Establish sanctions to be imposed upon
				contributors and recipients of criminal history record information for
				non-compliance with these rules or the Wyoming Criminal History Record
				Act.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 3 - Standards for Reporting and Collection of Criminal History Information › Section 3-1 - Authority

Current through July 13, 2024
The Division of Criminal Investigation, Office of the
				  Attorney General hereby promulgates these rules pursuant to its rulemaking
				  authority found in Wyoming Statute §
									
										7-19-105.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 3 - Standards for Reporting and Collection of Criminal History Information › Section 3-2 - Requirements for Fingerprinting

Current through July 13, 2024
Fingerprints shall be submitted according to
				  W.S.
				  7-19-107 and
				  7-19-201.
				  Fingerprint cards are subject to the following requirements:
(a) All fingerprint cards shall be submitted
				directly to the Division after completion by a criminal justice agency within
				seventy-two (72) hours. All information shall either be typewritten or printed
				legibly on a fingerprint card. Failure to do so, or failure to follow the
				requirements stated below, may result in the card being returned to the
				contributing agency.
(b) All
				fingerprint cards received will be prioritized and processed as follows:
(i) Criminal arrest fingerprint
				cards;
(ii) Criminal justice
				applicant fingerprint cards; and
(iii) Non-criminal justice applicant
				fingerprint cards.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 4 - Access and Dissemination › Section 4-1 - Authority

Current through July 13, 2024
The Division of Criminal Investigation, Office of the
				  Attorney General hereby promulgates these rules pursuant to its rulemaking
				  authority found in Wyoming Statute §
									
										7-19-105.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 4 - Access and Dissemination › Section 4-2 - Access Availability

Current through July 13, 2024
Criminal History Record Information shall be available only
				  to:
(a) Those persons and
				organizations authorized by Wyoming Statute;
(b) Officials of state and local government
				for purposes of investigating the background of applicant(s) for non-criminal
				justice employment or licensing purposes if authorized by a state statute that
				has been approved by the Attorney General of the United States. The Attorney
				General has delegated to the Federal Bureau of Investigation the responsibility
				for approving such state statutes; and
(c) Officials of state and local governments
				for purposes of investigating the background of current and prospective
				employees and volunteers who provide or will provide care to children, the
				elderly, or disabled person(s) if authorized by a state statute that has been
				approved by the Attorney General of the United States. In the absence of a
				state statute approved by the United States Attorney General, the officials may
				apply to the Division for approval to participate in the National Child
				Protection Act/Volunteers for Children's Act (NCPA/VCA). [National Child
				Protection Act, Pub. L.
				103-209, amended by
				Pub. L.
				103-322 and Volunteers for Children Act,
				Pub. L.
				105-251;
				42
				U.S.C. §
										5119 ].
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 4 - Access and Dissemination › Section 4-3 - Criminal Justice Agency Dissemination Requirements

Current through July 13, 2024
All criminal justice agencies holding, receiving, or
				  disseminating criminal history record information to an authorized recipient
				  shall maintain a dissemination log on forms approved by the Division, which
				  includes the following
(a) Name and
				date of birth or other numeric identifier (e.g. state identification number
				[SID]);
(b) Race of
				subject;
(c) Sex of
				subject;
(d) Date of
				dissemination;
(e) Name of person
				requesting the information;
(f)
				Date and time of request;
(g)
				Reason for the criminal history (e.g. case number, or explanation, burglary,
				drugs, etc.);
(h) Name of person to
				whom information was released;
(i)
				Date and time response was released;
(j) Name of person releasing the
				information;
(k) Notation of
				"record" or "no record";
(l) ORI of
				the agency requesting the information; and
(m) Purpose code.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 5 - Standards for Security of Criminal History Information › Section 5-1 - Authority

Current through July 13, 2024
The Division of Criminal Investigation, Office of the
				  Attorney General hereby promulgates these rules pursuant to its rulemaking
				  authority found in Wyoming Statute §
									
										7-19-105.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 5 - Standards for Security of Criminal History Information › Section 5-4 - Non-Criminal Justice Agency Security

Current through July 13, 2024
(a) All
				non-criminal justice agencies receiving criminal history information are
				responsible for adopting security measures designed to prevent unauthorized
				access, dissemination or disclosure of such information and must restrict
				receipt of the criminal history information to the agency.
(b) The agency will designate an internal
				point of contact known as the "responsible party" for receipt of the criminal
				history information. The responsible party will be fingerprinted for
				suitability to receive criminal history information and sign the "Rules of
				Behavior" prior to receiving the information.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 5 - Standards for Security of Criminal History Information › Section 5-5 - Criminal Justice Agency Security

Current through July 13, 2024
(a) All criminal
				justice agencies receiving criminal history information shall adhere to
				security measures outlined in the Federal Bureau of Investigation
CJIS
				Security Policy
, and Wyoming Criminal Justice Information Network
				(WCJIN) policy.
(b) Authorization
				to obtain records via the Interstate Identification Index (III) is governed by
				federal laws and state statutes approved by the United States Attorney General
				that are applicable to the United States Department of Justice, the Federal
				Bureau of Investigation, and the National Crime Information Center (NCIC)
				System. Refer to the Federal Bureau of Investigation
CJIS Security
				Policy
for requirements related to personnel, physical, and technical
				security, as well as user authorization and dissemination.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 6 - PROCEDURES FOR REVIEW & CHALLENGE OF CRIMINAL HISTORY INFORMATION › Section 6-1 - Review and Challenge

Current through July 13, 2024
(a) Availability of
				review:
(i) An individual has the right to
				inspect all criminal history record information located within this state which
				refers to him.
(ii) When an
				application for inspection of criminal history record information is received
				by a criminal justice agency the agency shall submit the request to the
				Division. If a record is maintained, upon verification of the record subject's
				identity, the Division shall inform the applicant of the existence of the
				record and inform him of the procedure for examining the record. Following the
				guidelines set forth below, the applicant or his authorized representative
				shall be allowed to examine the record pertaining to him and to receive a true
				copy.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 7 - FEES AND ACCEPTABLE FORMS OF PAYMENT FOR RELEASE OF CRIMINAL HISTORY RECORD INFORMATION TO NON-CRIMINAL JUSTICE AGENCIES › Section 7-1 - Statutory Authority

Current through July 13, 2024
(a) The division
				may charge the record subject or any other person or non-criminal justice
				agency qualified to receive criminal history record information, a reasonable
				application fee of not more than fifteen dollars ($15.00) for processing of
				fingerprints and other information submitted for a criminal history records
				check, except:
(i) No fee shall be charged to
				criminal justice agencies or the Division of Public Assistance and Social
				Services;
(ii) The application fee
				charges shall be not more than ten dollars ($10.00) if:
(A) the applicant is an organization engaged
				in providing volunteer services to youth or victims of family violence.
				Examples of those organizations include Big Brothers and Big Sisters and
				volunteer workers in safe houses for victims of family violence; and
(B) the applicant requests the background
				investigation be performed solely to determine the suitability of a prospective
				volunteer to provide volunteer services.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 7 - FEES AND ACCEPTABLE FORMS OF PAYMENT FOR RELEASE OF CRIMINAL HISTORY RECORD INFORMATION TO NON-CRIMINAL JUSTICE AGENCIES › Section 7-2 - Amount

Current through July 13, 2024
(a) Subject to the following exception, the
				Division shall charge each non-criminal justice applicant, including record
				subjects, a fee of fifteen dollars ($15.00) for each disclosure
				requested.
(b) Exception: The
				Division shall charge a fee of ten dollars ($10.00) for processing non-criminal
				justice applicants engaged in providing volunteer services to youth or victims
				of family violence, and for processing applicant background information used to
				determine the suitability of a prospective volunteer.
(i) Recognized volunteer programs include,
				but are not limited to those listed in subdivision 1(a) (ii)
				(A)above.
(ii) Those applicants
				involved in volunteer programs must provide pertinent information establishing
				that the program is a volunteer program, on the application form.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 7 - FEES AND ACCEPTABLE FORMS OF PAYMENT FOR RELEASE OF CRIMINAL HISTORY RECORD INFORMATION TO NON-CRIMINAL JUSTICE AGENCIES › Section 7-3 - Additional fees

Current through July 13, 2024
(a) The Division
				shall also charge the above stated fees for any request for additional copies
				of any disclosure.
(b) The Division
				shall charge a fee of five dollars ($5.00) for each set of fingerprints taken
				for an applicant.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 7 - FEES AND ACCEPTABLE FORMS OF PAYMENT FOR RELEASE OF CRIMINAL HISTORY RECORD INFORMATION TO NON-CRIMINAL JUSTICE AGENCIES › Section 7-4 - Payment of fees

Current through July 13, 2024
(a) The Division
				shall accept payment by mail for the exact amount, only by certified check or
				money order.
(b) The Division will
				accept payment in person by cash, money order or certified check.
(c) The Division will not accept personal
				checks.
(d) The Division will not
				accept cash by mail.
(e) No
				disclosure of any kind shall be made until payment is received.
(f) Upon request, the Division may make
				provisions for monthly payments by organizations which submit numerous requests
				for criminal history record information and whose structure makes individual
				payments unfeasible. Such provisions shall be made in the sole discretion of
				the Division.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 8 - Audits › Section 8-2 - Audits of Criminal Justice Agencies

Current through July 13, 2024
(a) The Division
				shall conduct audits of criminal justice agencies to ensure compliance with
				these rules, WCJIN, NCIC, NLETS, Federal Bureau of Investigation
CJIS
				Security Policies
and any other applicable security
				policies.
(b) All criminal justice
				agencies are required to provide access to its criminal history records
				information to the Division after verification of identity.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 8 - Audits › Section 8-3 - Audits of Non-Criminal Justice Agencies

Current through July 13, 2024
(a) The Division
				may audit non-criminal justice agencies which have received criminal history
				record information. The purpose of the audit is to evaluate compliance with
				state statutes and applicable federal regulations. The Division reviews and
				analyzes methods used by the agencies to achieve compliance with
				5
				U.S.C. §§
										552 and
				552(a),
				Title 28, Code of Federal Regulations (CFR); Public Law 92-544; the National
				Crime Prevention and Privacy Compact; state statutes; and Division
				Rules.
(b) By making a request for
				criminal history record information, an agency agrees to provide access to the
				Division after verification of identity.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 9 - Training › Section 9-2 - Training

Current through July 13, 2024
(a) In order for
				the Division to carry out the rules and policies established by the Wyoming
				Criminal Justice Information Network (WCJIN) and the Federal Bureau of
				Investigation, all individuals who have access to Criminal Justice Information
				(CJI) must receive training from the agency or the Division.
(b) Training is not limited to law
				enforcement agencies, but also includes non-criminal justice agencies who
				receive Criminal History Record Information.
(c) The administrator of each criminal
				justice agency with terminal access shall assign an individual known as a
				Terminal Agency Coordinator (TAC) to act as a liaison with the Division. The
				director or supervisor of a non-criminal justice agency receiving CJI shall
				assign a person to act as liaison with the Division.
(d) Upon request, the Division will provide
				regional training if feasible. The Division will determine feasibility based
				upon the proposed number of individuals to be trained and the planned length of
				the training. Requests must identify the individuals to be trained and their
				role in the organization's use of criminal history record
				information.
(e) The Division will
				cooperate with the Wyoming Law Enforcement Academy to provide training at the
				academy.
(f) The Division shall
				cooperate with each agency administrator to the fullest practicable extent to
				provide training.
(g) The Division
				shall establish a training curriculum and may change the curriculum as
				necessary.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 10 - Sanctions › Section 10-2 - Sanctions

Current through July 13, 2024
Sanctions for violations of these rules or the provisions of
				  the Wyoming Criminal History Records Act shall be applied by the Division. The
				  Division may apply sanctions within its discretion depending upon the
				  seriousness of the violation. The appropriate sanctions for each violation
				  shall be determined upon its own facts with consideration given to:
(a) The rule violated;
(b) The willfulness of the
				violation;
(c) Previous violations
				and sanctions by the Division;
(d)
				Action taken to prevent further violations; and
(e) Harm which would be done to the goal of
				effective law enforcement by severe sanctions.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 10 - Sanctions › Section 10-3 - Sanction Severity

Current through July 13, 2024
All sanctions will be predicated on state and federal laws,
				  WCJIN policy, NCIC policy, Federal Bureau of Investigation
CJIS
				  Security Policy
, and this document. The sanctions may range from
				  letters of warning to prohibited access to criminal history record information
				  and may also include criminal prosecution. All sanctions will be in writing
				  with an explanation of the violation.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 11 - Standards for Pardons, Restoration of Rights, Restoration of Voting Rights, and Expungements › Section 11-1 - Authority

Current through July 13, 2024
The Division of Criminal Investigation, Office of the
				  Attorney General hereby promulgates these rules pursuant to its rulemaking
				  authority found in Wyoming Statute §
									
										7-19-105.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 11 - Standards for Pardons, Restoration of Rights, Restoration of Voting Rights, and Expungements › Section 11-2 - Central Repository

Current through July 13, 2024
The Division is responsible for updating criminal history
				  record information for pardons, restoration of rights, and expungements in
				  accordance with legal documents. The Division does not process or have the
				  authority to grant applications or petitions for pardons, restoration of
				  rights, or expungements. The Division only updates criminal history records
				  after the orders are issued.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 11 - Standards for Pardons, Restoration of Rights, Restoration of Voting Rights, and Expungements › Section 11-3 - Authorized Entities

Current through July 13, 2024
The authorized entities to grant pardons, restoration of
				  rights, restoration of voting rights and expungements are described in the
				  following subsections:
(a) Pardons,
				Restoration of Right and Restoration of Voting Rights. Applications for pardons
				and restoration of rights are submitted to the Wyoming Attorney General's
				Office. Pardons and restoration of rights granted by the Governor are forwarded
				to the Division in order to update criminal history information accordingly.
				Restoration of voting rights by the Board of Parole are forwarded to the
				Division in order to update criminal history information accordingly.
(b) Expungements. Petitions for expungements
				are filed with the court of jurisdiction that the case was or would have been
				adjudicated. Any petition for expungement filed under
				W.S.
				7-13-1501 or
				7-13-1502
				shall be served on the prosecuting attorney and the Division. Expungements
				granted shall be forwarded to the Division in order to update criminal history
				information accordingly.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules and regulations are promulgated by the Wyoming
				  Attorney General pursuant to the authority granted the Attorney General and its
				  DirectorinW.S.§
									
										9-2-1517.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Principal Reason for Adoption of Rules

Current through July 13, 2024
These rules and regulations are adopted for the purpose of
				  providing procedures for practice before the Wyoming Medical Review Panel, and
				  to implement the policy contained in W. S. §
									
										9-2-1514.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Definitions

Current through July 13, 2024
(a) As used in these rules:
(i) "Claimant" means the person who submits a
				case to the panel by filing a claim pursuant to Chapter 2 Section
				1, of
				these rules.
(ii) "Director" means
				the Attorney General or his designee.
(iii) "Health care provider" (hereinafter
				"HCP") means a person or facility licensed, certified or otherwise authorized
				by the law of this state to provide health care in the ordinary course of
				business or practice of a profession, but does not include a person who
				provides health care solely through the sale or dispensing of drugs or medical
				devices;
(iv) "Malpractice claim"
				or "claim" means any claim against a HCP for alleged medical treatment, alleged
				lack of medical treatment, or other alleged departure from accepted standards
				of health care which results in damage to the patient.
(v) "Panel" means the medical review panel
				provided for under the Act.
(vi)
				"Reasonable probability" means a factual basis which might lead a reasonable
				mind to the conclusion. Where there is evidence in the record and room for two
				opinions, the conclusion must be reached honestly and upon due
				consideration.
(vii) "Substantial
				evidence" means relevant and competent evidence a reasonable mind might accept
				as adequate to make a finding of fact. It may be less than the weight of the
				evidence, but it shall not be clearly contrary to the overwhelming weight of
				the evidence. More is required to meet the burden than a mere scintilla of
				evidence or suspicion of the existence of a fact to be established.
(viii) "The act" means W. S. §§
										
											9-2-1513 through
				9-2-1523.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 1 - GENERAL PROVISIONS › Section 1-6 - Data Collection

Current through July 13, 2024
The Director shall collect data on the ultimate disposition
				  of claims coming before the Panel. Information to be collected includes total
				  number of claims filed, total number of claims proceeding to hearing, hearing
				  outcomes, and the number of cases proceeding to court and their outcome, if
				  available.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 2 - PRESENTATION OF CLAIM AND ANSWER › Section 2-1 - The Claim

Current through July 13, 2024
(a) Prior to the
				filing of a complaint in any court, all malpractice claims against a HCP shall
				be filed with and processed by the panel, unless submission to the panel is
				waived in accordance with W.S.§
									
										9-2-1519(a), or is subject
				to a valid arbitration agreement allowed by law.
(b) Claimants shall submit a case for
				consideration by the panel by filing with the Director a claim in writing and
				signed by the Claimant or his attorney. Claims may be submitted by mail, fax or
				electronic media. Service by mail shall be addressed to:
Director
Wyoming Medical Review Panel
P.O. Box 1507
Casper, Wyoming 82602
(c) The claim shall contain the following,
				unless the requested information is not applicable:
(i) The Claimant's name, address and
				telephone number. If a Claimant is represented by counsel, the mailing address,
				e-mail address, telephone number and fax number of counsel shall also be
				included.
(ii) The name and address
				of all HCPs against whom the claim has been filed.
(iii) A description of the injury
				suffered.
(iv) A statement in
				reasonable detail of the elements of the HCP's conduct which are believed to
				constitute a malpractice claim, and the dates the conduct occurred.
(v) A medical record release form, signed by
				the Claimant, authorizing the panel to obtain access to all HCP records and
				information pertaining to the claim and, for the purposes of its consideration
				of this matter only, waiving any privilege as to the contents of those records.
				Nothing in the statement may in any way be construed as waiving that privilege
				for any other purpose or in any other context, in or out of court.
(vi) A statement of the proper venue for the
				hearing.
(vii) The names and
				addresses of all HCPs having medical records relevant to the claim.
(viii) Any other supplementary information
				which is readily available to the claimant.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 2 - PRESENTATION OF CLAIM AND ANSWER › Section 2-2 - The Answer

Current through July 13, 2024
(a) The HCP shall
				answer the claim within sixty (60) days after service of the claim and medical
				record release form. The answer shall be in writing and contain the following,
				unless not applicable:
(i) The HCP's name,
				address and telephone number. The mailing address, e-mail address and telephone
				number and fax number of counsel, if any, shall also be included;
(ii) A statement or other pleading
				specifically admitting or denying the alleged facts stated by the Claimant in
				the malpractice claim, or, a motion for more definite statement;
(iii) A statement of any other relevant
				facts;
(iv) A medical records
				release form authorizing the panel to inspect all records and information
				pertaining to the claim and under the control of the HCP except those records
				which are privileged pursuant to W.S. §
										
											35-2-910, W. S. §
										
											35-17-105, and 42 USC in 37(b);
(v) Any other supplementary information which
				is readily available to the HCP;
(vi) A copy of the Claimant's medical records
				in the possession of the HCP. All handwritten materials which are not readily
				legible shall be transcribed into a printed or typewritten form;
(vii) A statement of the proper venue if
				there is a disagreement with that put forward by Claimant;
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 2 - PRESENTATION OF CLAIM AND ANSWER › Section 2-3 - Expert Report

Current through July 13, 2024
(a) The Claimant
				shall, within sixty (60) days following receipt of HCP answer, submit a
				statement prepared and signed by an expert in the specialty or subspecialty of
				medical practice at issue, setting forth the basis for the expert's belief the
				conduct is believed to constitute a malpractice claim and the evidence
				currently available to support the expert's opinion. The Director shall forward
				a copy of the expert report to the HCP.
(b) Claimant's failure to file an Expert
				Report may result in the dismissal of all or part of the Claim.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 3 - SELECTION OF THE PANEL › Section 3-1 - Notice to Licensing Agency and State Bar and Selection of Professional Panelists

Current through July 13, 2024
Within five (5) days of receipt of a claim and medical
				  release, the Director shall notify the appropriate state licensing agency of
				  the HCP involved and the state bar of the filing of the claim. Within fourteen
				  (14) days of the notification, the state licensing agency and the state bar
				  shall each provide the Director a list of twelve (12) of its members as
				  proposed panelists. To the extent possible, the state licensing agency shall
				  include on the list persons specializing in the same field or discipline as the
				  HCP against whom the claim is made.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 3 - SELECTION OF THE PANEL › Section 3-2

Current through July 13, 2024
When the claim is set for hearing, the Director shall select
				  two (2) HCPs from the list provided by the state licensing agency and two (2)
				  attorneys from the state bar list to serve as panelists and shall notify the
				  parties and the panel members selected of their selection
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 3 - SELECTION OF THE PANEL › Section 3-3 - Selection of Lay Panelist

Current through July 13, 2024
The four professional panelists, chosen in Section
				  2 above,
				  shall unanimously select and appoint one (1) person as lay panelist. The lay
				  member chosen by the original panel shall serve even if one of the original
				  panel members is challenged and replaced in accordance with W. S. §
									
										9-2-1520(d). The Director
				  shall solicit and maintain a list of lay persons who wish to serve as members
				  of medical review panels.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 3 - SELECTION OF THE PANEL › Section 3-4 - Qualifications of Panel Members

Current through July 13, 2024
(a) All panel
				members must be residents of the State of Wyoming.
(b) The lay panel member cannot be an
				attorney, HCP or an employee of an attorney or HCP.
(c) If feasible, one (1) member of the panel
				shall be from the HCP's profession or specialty, in good standing with the
				state licensing agency.
(d) If
				feasible, in those cases where the theory of respondent superior or some other
				derivative theory of recovery is employed, one (1) member shall be from the
				individual HCP's profession or specialty and one (1) member shall be from the
				profession or specialty of the HCP named as employer, master or
				principal.
(e) If feasible, in
				those cases where a facility licensed to provide health care is named in the
				complaint, one (1) member who is an individual currently serving in an
				administrative position directly related to operations or conduct that includes
				responsibility for the area of practice that is the subject of the
				claim.
(f) No panel member shall be
				the subject of the claim, or an employee or the employer of a HCP subject to
				the claim for which the panel is formed.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 3 - SELECTION OF THE PANEL › Section 3-5 - Disqualification of Panel Members

Current through July 13, 2024
(a) If, within
				fifteen (15) days of receipt of the notice of selection of the professional
				panelists, the Claimant or the HCP against whom the claim is made files an
				affidavit stating his belief that a professional panelist selected by the
				Director cannot be impartial in reviewing the claim, the panel member is
				disqualified, and the Director shall select another from the list. Each party
				may disqualify not more than three (3) professional panel members under this
				subsection.
(b) The Director may
				excuse a panelist from serving if the panelist feels his presence on the panel
				would be inappropriate under the circumstances of the case, or the panel member
				is unable to serve.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 3 - SELECTION OF THE PANEL › Section 3-6 - Compensation of Panel Members

Current through July 13, 2024
(a) Members of the
				panel shall receive the following compensation while engaged in the business of
				the board, not to exceed two thousand dollars ($2000) per claim reviewed;
(i) Five hundred dollars ($500) per day each
				calendar day the panel is convened.
(ii) Twenty-five dollars ($25.00) per
				preparation hour.
(iii)
				Compensation for travel and other services as provided in W.S. §§
										
											9-3-102 and
				9-3-103.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 3 - SELECTION OF THE PANEL › Section 3-7 - Ex Parte Contacts

Current through July 13, 2024
Except to the extent authorized by law, a party or party's
				  attorney shall not communicate, directly or indirectly, in connection with any
				  issue of fact or law with any medical review panel member concerning any
				  pending case, except upon notice and opportunity for all parties to
				  participate. Should ex parte communication occur, the Director shall advise all
				  parties as soon as possible thereafter, and if requested, allow any party or
				  panel member an opportunity to respond.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-1 - Access to Information and Discovery

Current through July 13, 2024
(a) From the date a
				claim is filed, the Director shall compile and maintain a record consisting of
				all documents relating to the claim. The Director shall make the record
				available to the Claimant and HCP for inspection free of charge and for copying
				at reasonable cost during all normal business hours at the main office of the
				Director.
(b) The Claimant and the
				HCP may obtain discovery only if both consent in writing to one or more methods
				of discovery, and provided that it does not interfere with the scheduling or
				conduct of the hearing, and provided that it is not otherwise prohibited by the
				act.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-2 - Scheduling Conference

Current through July 13, 2024
(a) After the HCP's
				answer is filed and the Claimant files the expert report, the Director shall
				set the matter for a scheduling conference. Claimant and/or HCP are not
				required to be present if represented by counsel.
(b) The purpose of the scheduling conference
				is to set a timetable in which to conduct the hearing. The scheduling
				conference shall be conducted in an informal fashion. After completion of the
				scheduling conference, the Director shall issue an order at least thirty (30)
				days prior to the hearing, setting the date, time and location of the hearing
				and notify the parties of the deadline to file disclosure statements, expert
				reports, and the time and date of a prehearing conference. The hearing date
				shall not be more than one hundred twenty (120) days after the Director
				receives the claim unless the Director or panel finds good cause to delay the
				hearing.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-3 - Disclosure Statement and Exhibits

Current through July 13, 2024
(a) At least twenty
				(20) days prior to the scheduled hearing, the parties shall file disclosure
				statements. The disclosure statement shall contain:
(i) a brief statement of the contentions of
				the party;
(ii) significant
				uncontroverted facts;
(iii) medical
				issues to be addressed at the hearing;
(iv) name, address, and a brief description
				of the testimony of each witness the party intends to present at the
				hearing;
(v) name, address,
				qualifications and a brief description of the testimony of each expert witness
				the party intends to present at the hearing, together with a statement prepared
				and signed by an expert, setting forth the basis for the expert's belief the
				conduct is believed to constitute or disprove malpractice and the evidence
				currently available to support the expert opinion.
(vi) copies of all exhibits to be
				introduced.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-4 - Pre-Hearing Conference

Current through July 13, 2024
(a) At least ten
				(10) days prior to the hearing date set, the parties shall participate in a
				telephone conference call with the office of administrative hearings and the
				Director of the panel. During the pre-hearing conference call, the parties
				shall consider the following:
(i)
				Simplification and identification of issues;
(ii) Obtaining of admissions to or
				stipulations of facts not remaining in dispute and of the authenticity of
				documents;
(iii) Limitation of the
				number of expert witnesses to be called and scheduling of their
				appearances;
(iv) Estimation of
				length of hearing and, if applicable, consideration of any transcription
				request;
(v) Any other matters that
				might aid in expeditious consideration and determination of the
				claim.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-5 - Witnesses, Costs and Fees

Current through July 13, 2024
(a) The panel may
				issue subpoenas to compel the attendance of witnesses as provided under the
				Wyoming Administrative Procedure Act. Fees for any witness appearing at a
				hearing under this section shall be paid by the party calling the
				witness.
(b) Either the Claimant or
				the HCP may request a subpoena be issued by the panel. The party requesting
				shall bear the cost of mileage and witness fees in accordance with W.
				S.S
										1-14-102.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-6 - Panel Members to Receive Pleadings, Records and Documents Before Hearing

Current through July 13, 2024
At least fifteen (15) days before the hearing the Director
				  shall provide each panel member copies of all claims, briefs, records,
				  disclosure statements and other documents the Director considers
				  necessary.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-7 - General Considerations

Current through July 13, 2024
The hearing shall be informal, and the Wyoming Rules of
				  Evidence and, except as specified in this act, the Wyoming Administrative
				  Procedure Act do not apply. No decision of the Director or the panel is subject
				  to review in a court. A record of the hearing shall be made. The panel may
				  issue subpoenas to compel the attendance of witnesses as provided under the
				  Wyoming Administrative Procedure Act.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-8 - No Hearing if Parties Agree

Current through July 13, 2024
If the Claimant and HCP agree, the hearing need not be held,
				  or the claim may be determined by the panel on the basis of the
				  record.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-10 - Order of Presentation of Evidence

Current through July 13, 2024
(a) At the time set
				for hearing, the Claimant submitting the case for review shall be present,
				personally, unless his presence is waived by all HCPs or excused upon a timely
				request stating the reasons therefore. The Claimant or his counsel shall make a
				brief introduction of his case, including a summary of the facts constituting
				the alleged professional malpractice which he is prepared to prove. The HCP
				against whom the claim is brought shall be present unless his presence is
				waived by the Claimant or excused upon a-timely request stating the reasons
				therefore. He or his counsel may make an introductory statement of his
				case.
(b) Claimant shall proceed
				first with his case, followed by the HCP. Both parties may call witnesses to
				testify, who shall be subject to cross examination. Medical tests, journals and
				other documents evidence relied upon by either party may be offered and
				admitted, if relevant, and if submitted in a timely manner. Written statements
				of fact by treating HCPs or Claimants may be reviewed.
(c) The hearing will be confidential and
				informal, and the panel shall retain a record of the hearing. The Wyoming Rules
				of Evidence shall not apply to hearings before the panel; however, irrelevant,
				immaterial or unduly repetitious evidence may be excluded by the hearing
				officer.
(d) All members of the
				panel shall have the right to examine the parties and witnesses.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-11 - Additional Proceedings

Current through July 13, 2024
The panel may take the case under advisement or may request
				  that additional facts, records, witnesses or other information be obtained and
				  presented to it at a supplemental hearing, which shall be set for a date not
				  later than thirty (30) days from the date of the original hearing unless the
				  Claimant or his attorney consents in writing to a longer
				  period.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0008 - Medical Review Panel › Chapter 4 - HEARING PRACTICE AND PROCEDURE › Section 4-12 - Deliberations and Decision

Current through July 13, 2024
(a) Upon
				consideration of all the relevant material, the panel shall determine whether
				there is:
(i) Substantial evidence that the
				acts complained of occurred and that they constitute malpractice; and
(ii) A reasonable probability that the
				patient was injured as result of the acts complained of;
(iii) Other issues the parties agree to
				submit to the panel for decision. The panel may choose to refuse to decide the
				additional issues.
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0009 - Child Care Licensing › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-1 - Statutory Authority

Current through July 13, 2024
W.S.
				  42-2-103(b)(xiv) and
				  W.S.
				  6-3-101 -106
et. seq.
authorizes the Department of Family Services (DFS) to promulgate rules and
				  regulations to be used by DFS in the discharge of its functions
Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0009 - Child Care Licensing › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-2 - Purpose

Current through July 13, 2024
These rules are adopted to standardize DFS's purchase of
				  child care in Wyoming.
The Wyoming Child Care, Purchase of Service program is a
				  public assistance program for low income families who need child care services
				  in order to work or attend approved educational or training programs. Child
				  Care, Purchase of Services is funded through a federal block grant and with
				  state dollars.