Ch. 19, § 3. Hearing Procedure

(a) Upon receiving a written request for a hearing from an applicant, 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 on the applicant at least 30 days before the hearing. The Notice of Hearing shall contain: (i) A brief statement of the matters asserted, including: (A) The ARC's recommendation; (B) The facts upon which the recommendation is based; and (C) The statutory provisions or Commission rules the applicant is alleged to have violated or failed to meet to qualify for licensure. (ii) The time, place, and nature of the hearing; (iii) The legal authority and jurisdiction of the Commission; and (iv) Notice of the burden and standard of proof. (b) 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 Chapter 12. (c) The applicant shall bear the burden to prove by a preponderance of the evidence that he or she meets the qualifications for licensure. The burden of production shall shift to the ARC to prove by clear and convincing evidence that the applicant should not be granted an unrestricted license or license subject to discipline. The burden of production then shifts to the applicant to demonstrate that the ARC's grounds for denial or issuance of a license subject to conditions or restrictions are insufficient and that the applicant is entitled to licensure. (d) The Commission may resolve an application matter by: (i) Adopting the ARC's recommendation without a hearing if the applicant did not request a hearing; (ii) Resolving a dispositive motion in either party's favor; (iii) Conducting a contested case hearing. Following the hearing and the Commission's deliberation, the Commission may: (A) Issue or renew a license; (B) Issue or renew a license with conditions, restrictions, or other disciplinary action; (C) Deny a license or renewal; (e) The Commission shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the applicant and the applicant's attorney or representative, if any. (i) Commission action is effective on the date that the Commission approves the written decision or order and it is entered into the administrative record. (ii) 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.