Section 1 Statement of purpose These rules and regulations are adopted to
implement the Board's authority to conduct investigations, hearings and proceedings concerning alleged violations, and to determine and administer appropriate disciplinary action against licensees for proven violations as required by Sections 33-16-101, et seq, 33-16-310,
and 33-16-311

     Section 2 Receipt of complaint Any complaint made against a licensee shall be
made in writing and should provide at least the following information:

     (a)     Name, address, place of employment and position of the individual believed to
have violated the governing statute or Board rules and regulations;

     (b)     The nature of the complaint and a description of the incident(s) involved,
including date(s), time(s), and location(s), and any observed behavior of the individual;

     (c)     The name and address of other witnesses, if any; and

     (d)     The signature and address of the person or persons making the complaint

     Section 3 Review of complaint A committee of two (2) Board members, appointed
on a rotating basis by the president of the Board, shall review each complaint and where necessary, direct further investigation

     (a)     The Committee members so appointed shall not take part in the consideration of
any contested case in which they participated in the investigation of the complaint Members of the committee shall not by this rule be barred from attending any disciplinary hearing

     (b)     Following review and investigation of a complaint, the committee may take any
appropriate action, including but not necessarily limited to the following:

          (i)     Forward the complaint filed by a complainant to the Board for formal
disciplinary proceedings;

          (ii)     File a complaint with the Board on its own behalf;

          (iii)     Send a written letter of warning to the individual listed in the complaint;

          (iv)     Deny issuance or renewal of a license;

          (v)     Accept the voluntary surrender of a license;

          (vi)     Recommend terms for a conditional license; or

          (vii)     Close the investigation of any complaint

     Section 4 Notice and opportunity to show compliance Prior to commencing formal
proceedings by filing of a petition for the revocation or suspension of a license, the Board shall give notice by mail to the licensee of the facts or conduct which warrant the intended action The notice shall give the licensee an opportunity to show compliance with all lawful requirements for retention of the license within ten (10) days of receipt of the notice The notice shall be sent by certified mail with return receipt to the licensee's last known address

     Section 5 Commencement of formal proceedings

     (a)     Formal proceedings may be commenced only after filing of a complaint in the
form prescribed by the Board alleging a violation of the governing statutes or of Board rules and regulations

     (b)     The complaint required herein may be either the initial complaint filed by the
complainant or a complaint filed by the Board committee

     Section 6 Notice Formal proceedings for Board disciplinary action or a license shall
be commenced by notice issued by the Board, served in person or by certified mail

     (a)     Notice shall contain at least:

          (i)     The name and address of the Respondent

          (ii)     A statement, in ordinary and concise language, of the nature of the
complaint filed with the Board, and the facts upon which the complaint is based, as well as the specific statutory provision(s) or the Board rules and regulations involved;

          (iii)     The time, place and nature of the hearing;

          (iv)     That the hearing is being held pursuant to the Board's authority under
Sections 33-16-101 et seq, 33-16-310 and 33-16-311, W S 1977

          (v)     That failure to respond to the complaint within twenty (20) days of its
receipt may result in default

     (b)     Service on the Respondent shall be deemed complete and effective if the
document to be served is sent by certified mail to the Respondent at the last known address provided to the Board by the Respondent

     Section 7 Default The Board may enter an order based on the allegation s of a
complaint in any case where the Respondent has not responded within twenty (20) days of thedate of notification of the complaint, or in any case in which the Respondent or the Respondent's representative has not appeared at a scheduled hearing of which the Respondent had notice

     Section 8 Motions All motions made to the Board shall be made in writing ten (10)
days prior to the date set for hearing

     (a)     The Board may, within its discretion and upon good cause shown, allow a
motion to be filed at any time

     (b)     For purposes of this rule, any request for settlement of a contested case shall be
considered a motion before the Board

     Section 9 Docket

     (a)     When formal proceedings are initiated and notice has been afforded, the case
shall be assigned a number and entered upon a docket provided for such purpose

     (b)     The Secretary of the Board shall establish a separate file for each docketed case,
in which shall be systematically placed all papers, pleadings, documents, transcripts, evidence, and exhibits pertaining thereto, and all such items shall have noted thereon the docket number assigned, and the date of filing

     Section 10 Discovery

     (a)     In all formal proceedings before the Board, discovery shall be afforded in
accordance with Section 16-3-107(g) (h) of the Wyoming Administrative procedure Act

     (b)     Requests for discovery from the Board shall be made in writing and directed to
the Secretary of the Board

     Section 11 Subpoenas

     (a)     The issuance and enforcement of subpoenas is governed by Section 16-3-107(d)
(e) (f) of the Wyoming Administrative procedure Act

     (b)     Subpoenas for appearance or to produce books, papers, documents, or exhibits
may be issued by the Secretary of the Board upon receipt of the written application for same by any party to the case
     (c)     Written requests for subpoenas shall describe with particularity the materials
requested for production

     (d)     The party requesting the issuance of a subpoena shall bear the costs of such
issuance to the extent and in the same manner as those fees are paid in the District Courts of the State of Wyoming

     Section 12 Witnesses

     (a)     All persons testifying at any hearing before the Board shall stand and be
administered a standard oath

     (b)     No testimony will be received from a witness except under oath or affirmation

     (c)     The party calling a witness shall bear the costs associated with the witness's
appearance

     Section 13 Representation

     (a)     Any respondent may represent themselves or be represented by counsel,
provided that the counsel is licensed to practice law in the State of Wyoming, or is associated at the hearing with one or more attorneys licensed to practice law in the State of Wyoming

     (b)     A request for withdrawal from representation shall be made by the attorney in
writing to the Board

     (c)     In any case before the Board, an appearance in person or the filing of an answer
shall constitute an appearance of record by an attorney

     (d)     A representative of the Attorney General's Office shall present to the Board all
matters enumerated and described in the notice

     (e)     The Board may request the Attorney General or the designated representative to
be prsent and advise the Board in conducting the hearing

     Section 14 Order of procedure As nearly as practicable, the order of procedure at
any hearing before the Board shall be as follows:

     (a)     The presiding officer shall announce that the hearing is convened upon the call
of the docket number and title of the matter and case to be heard, and thereupon the presiding officer shall direct the reading into the record of the notice given, and the complaint, together with appearance in the form of answers or other appearance made by the Respondent, and shall note for the record all subpoenas issued and all appearances of records, including Respondent and counsel

     (b)     Opening statement may be made by each of the
parties The time allowed for oral argument maybe limited by the presiding officer

     (c)     The counsel or representative of the Board, shall thereupon proceed to present
the evidence in support of the complaint Witnesses may be cross-examined by the Respondent or the Respondent's counsel All exhibits offered by and on behalf of the complaint shall be marked by letters of the alphabet beginning with "A"

     (d)     The Respondent shall, in the order of the answers or appearance made, be heard
in the same manner as the evidence, witnesses, and exhibits were heard and presented in support of the complaint, and may be cross-examined by the counsel or representative of the Board The Respondent's exhibits shall be marked separately so as to identify the Respondent, commencing with the numeral "1"

     (e)     Rebuttal evidence may be allowed within the discretion of the presiding officer

     (f)     Closing statements may be made by the representative of the Board and by the
Respondent or the Respondent's counsel at the conclusion of the presentation of evidence No rebuttal statement may be made by any of the parties to the proceeding

     (g)     After all proceedings have been concluded, the presiding officer shall dismiss
and excuse all witnesses, and declare the hearing closed Any party who may wish to present written briefs of law to the Board may do so, and the presiding officer may request written briefs of law for the Board The Board shall take the case under advisement and shall inform the Respondent that the decision shall be announced within due and proper time following consideration of all the matters presented at the hearing

     Section 15 Decision and order The Board shall, following a hearing, make and
enter a written decision and order containing findings of fact and conclusions of law, stated separately

     (a)     The decision and order shall be sent by certified mail to the Respondent and the
Respondent's attorneys of record

     (b)     This rule does not preclude the Board from giving preliminary, non-binding
notice to the parties prior to the filing of the Board's written decision and order

     (c)     Unless otherwise ordered by the Board, all decisions of the Board shall be
effective as of the time of the filing of the written decision and order

     Section 16 Record of proceedings In a contested case, the proceedings, including
all testimony shall be reported verbatim by a competent reporter or by other methods deemed sufficient by the Board Such other methods may include the use of tape recorders

     Section 17 Surrender of license In the event a license is revoked or suspended, the
license shall be surrendered to the Board

     Section 18 Appeals

     (a)     Appeals from decisions of the Board are governed by Section 16-3-114, WS
1977, of the Wyoming Administrative procedure Act, and the Wyoming Rules of Appellate procedure

     (b)     Costs of transcripts and any reasonable costs assessed by the Board regarding
the record on appeal shall be borne by the party making the appeal

     Section 19 Applicability of the rules of civil procedure The Wyoming Rules of
Civil procedure, insofar as they may be applicable and not inconsistent with the laws of the State and these rules and regulations, shall apply to cases before the Board