Ch. 12, § 6. Hearing Procedure

(a) There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these rules if sent by U.S. mail to the address the licensee most recently supplied to the Commission. (b) The IC shall notify the licensee of its intent to file a petition for disciplinary action. The Notice of Intent shall: (i) Include a brief description of the facts or conduct that warrant the intended action; (ii) Include a description of the nature of the discipline the IC intends to seek; and (iii) Provide the licensee no less than 30 days to show that the licensee has complied with all lawful license requirements. (c) The IC shall initiate proceedings for disciplinary action by filing a Petition with the Commission office and serving a copy upon the licensee to the last known address of the licensee by regular U.S. mail. (d) A licensee may respond to the Petition by filing an Answer admitting or denying the allegations in the Petition or by filing a dispositive motion. (e) A licensee shall respond to a Petition within (20) days from the date the Petition is filed with the Commission office or, if the licensee files a dispositive motion, from the date the dispositive motion is decided by entry of a written order. Failure to respond to the Petition within this time may result in a default judgment. (f) When a petition for disciplinary action is filed, the Commission or a hearing officer appointed by the Commission shall begin a contested case proceeding. Commission staff or the hearing officer shall serve a Notice of Hearing, with the Petition attached, on the applicant at least 30 days before the hearing. The notice of hearing shall contain: (i) The legal authority for the Petition and statement of the Commission's jurisdiction; (ii) The facts justifying the disciplinary action sought; (iii) The statutory provisions or Commission rules the licensee is alleged to have violated; (iv) The time, place, and nature of the hearing; and (v) Notice of the burden and standard of proof. (g) If a licensee fails to timely answer the allegations in a Petition or appear at a noticed hearing, and upon the IC's motion, the Commission may enter default against the licensee. In entering default, the Commission may: (i) Order that the factual allegations in the Petition are to be taken as true for the purposes of the hearing; (ii) Order that the licensee may not present evidence on some or all issues in the matter; or (iii) Any other relief the Commission determines is just. (h) The Commission may set aside an entry of default for good cause. (i) Any hearing officer appointed by the Commission shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Section 8. (j) The IC shall bear the burden to prove by clear and convincing evidence that the licensee violated the Commission's practice act or the Commission's rules. (k) The Commission may resolve a discipline matter by: (i) Resolving a dispositive motion in either party's favor; (ii) Accepting a settlement agreed on by both parties; (iii) Granting a licensee's petition for voluntary surrender in lieu of discipline under Section 5(a) of this Chapter; (iv) Conducting a contested case hearing. Following the hearing and the Commission's deliberation, the Commission may, as applicable: (A) Find no violation of the Commission's practice act or rules and therefore impose no discipline on the licensee; (B) Find that the licensee has violated the Commission's practice act or rules and revoke or suspend a license. (l) The Commission shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the licensee and the licensee's attorney or representative, if any. (m) Commission action is effective on the date that the Commission approves the written decision or order and it is entered into the administrative record. (n) Written Commission decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.