POST Rules: Chapter 9
PRACTICE AND PROCEDURE FOR DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATION
Section 1. Denial of Certification.
(a) Any person who is denied certification by the director may contest the denial to the Commission pursuant to the Wyoming Administrative Procedure Act and these rules.
(b) Hearings on the denial of certification shall be had only upon request, in writing, of the aggrieved party, filed with the Commission within thirty (30) days of the receipt of written notice denying certification.
Section 2. Suspension or Revocation of Certification.
(i) Any complaint made against a peace officer, detention officer, dispatcher, or correctional officer holding a certification granted by the Commission alleging a violation of the Act or the rules and regulations of the Commission, shall be in writing and provide at least the following information;
(A) Name, address and place of employment of the person believed to have violated the Act or the rules and regulations of the Commission;
(B) A detailed description of the alleged violation, including dates, times and locations;
(C) The name and address of other witnesses, if any; and
(D) The signature, address and telephone number of the person making the complaint.
(ii) A complaint, in the form prescribed above, may also be made by the director based on is knowledge or information and belief.
Section 3. Investigations.
(a) The director shall investigate all complaints.
(b) Following review and investigation of an informal complaint, the director may take an appropriate action, including but not limited to the following:
(i) Forward the informal complaint to the Commission for formal disciplinary proceedings;
(ii) Send a written letter of warning to the subject of the informal complaint, explaining the allegation of violation and requesting an explanation or statement of intent to cure the violation;
(iii) Accept the voluntary surrender of a certificate issued by the Commission;
(iv) Deny re-certification; or
(v) Close the investigation of the informal complaint and take no further action.
Section 4. Commencement of Formal Proceedings for Suspension or Revocation of Certification.
(a) Formal proceedings may be commenced only after the filing of an informal complaint as prescribed above, alleging a violation of the Act or the rules and regulations of the Commission.
(b) Forma proceedings for the suspension or revocation of certification shall be commenced by a written notice issued by the Commission, served in person or by certified mail.
(c) The notice shall contain at least:
(i) The name and address of the respondent;
(ii) A statement, in plain language, of the nature of the complaint and the matters asserted;
(iii) The particular sections of the statutes or rules alleged to have been violated;
(iv) Notification that a hearing may be held if requested in writing and the legal authority for the hearing; and
(v) The failure to make written response to the complaint or submit a written request for a hearing within twenty (20) days of the date of the notice may result in an adverse decision being rendered by default.
(d) Service on the respondent shall be deemed complete and effective if the notice is sent by certified mail and regular mail to the respondent at the last known address provided the Commission by the respondent.
Section 5. Docket.
(a) When formal proceedings are initiated and notice has been given to the respondent, the case shall be assigned a docket number by the director.
(b) The director shall establish a separate file for each docketed case, in which shall be systematically placed all papers, pleadings, motions, documents, transcripts, evidence and exhibits pertaining therefore, and all such items shall have noted thereon the docket number assigned and the date of filing.
(c) The director shall arrange for a presiding officer to conduct the hearing and proceedings in connection therewith.
Section 6. Default.
The Commission may enter an order based on the allegations of a complaint in any case where the respondent has not responded within twenty (20) days of the date of notification of the complaint, or in any case in which the respondent or the respondent's representative does not appear on a scheduled hearing of which the respondent had notice.
Section 7. Motions.
(a) All motions made to the Commission shall be made in writing not less than ten (10) days prior to the date set for the hearing.
(b) The Commission may, within its discretion and for good cause shown, allow the late filing of any motion.
Section 8. Discovery.
(a) In all formal proceedings before the Commission, discovery shall be allowed in accordance with the Wyoming Administrative Procedure Act.
(b) Requests for discovery from the Commission shall be made in writing and directed to the director.
Section 9. Subpoenas.
(a) Issuance and enforcement of subpoenas shall be governed by the Wyoming Administrative Procedure Act.
(b) Subpoenas may be issued by the presiding officer designated by the Commission to hear the case, upon receipt of the written application therefore by any party to the case.
(c) The party requesting the issuance of a subpoena shall bear the costs of such issuance to the extent and in the manner those fees are paid to the district courts of the state for civil matters.
Section 10. Witnesses.
(a) All persons testifying at any hearing before the Commission shall be administered a standardized oath.
(b) No testimony will be received from a witness except under oath or affirmation.
(c) The party calling the witness shall bear the costs associated with the witness' appearance.
Section 11. Legal Representation.
(a) Any party may represent themselves or be represented by an attorney licensed to practice law in the State of Wyoming, or who is associated at the hearing with one or more attorneys licensed to practice law in the State of Wyoming.
(b) In any case before the Commission, an appearance in person or the filing of an answer shall constitute an appearance of record by an attorney.
(c) A request for withdrawal from representation shall be made by the attorney in writing to the Commission.
(d) The director may request the office of the Attorney General to provide such personnel as may be necessary to present and prosecute the case before the Commission.
(e) The Commission may request the office of the Attorney General provide personnel to advise it.
Section 12. Record of Proceedings.
When the denial, suspension or revocation of certification is the subject of a hearing, it shall be regarded as a contested case and the proceedings, including all testimony, shall be reported verbatim by a court reporter or by other methods deemed sufficient by the Commission. Such other methods may include the use of audio recorders.
Section 13. Order of Procedure.
The order of procedure at any hearing before the Commission 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 record, including respondent and counsel;
(b) Opening statement may be made by each of the parties. The time allowed may be limited by the presiding officer;
(c) The director or his counsel 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 on behalf of the complaint shall be marked by letters of the alphabet beginning with "A";
(d) The respondent shall 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 director or his counsel. The respondent's exhibits shall be marked separately so as to identify the respondent with the number "1";
(e) Rebuttal evidence may be allowed within the discretion of the presiding officer;
(f) Closing statements may be made by the director or his counsel and by the respondent or the respondent's counsel at the conclusion of the presentation of evidence. The time allowed for closing statements may be limited at the discretion of the presiding officer. Rebuttal statements may be made at the discretion of the presiding officer;
(g) After all proceedings have been concluded, the presiding officer shall dismiss and excuse all witnesses, and declare the hearing closed. Any party who wishes to present written briefs to law to the commission may do so within the time set by the presiding officer. The presiding officer may request written briefs of law for the Commission. The presiding officer shall inform the respondent that the Commission shall take the case under advisement and that a decision shall be announced within a reasonable time after proper consideration by the Commission of all the matters presented at the hearing.
Section 14. Decision and Order.
(a) Following the hearing, the Commission shall make and enter a written decision and order containing findings of facts and conclusions of law, state separately.
(b) The decision and order shall be sent by certified mail to the respondent and the respondent's attorney or record.
(c) This rules does not preclude the Commission from giving preliminary, non-binding notice to the parties prior to the filing of the Commission's written decision and order.
(d) All decisions of the Commission shall be effective as of the time of the filing of the written decision and order.
Section 15. Surrender of Certificate.
(a) Appeals from decisions of the Commission are governed by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.
(b) Costs of transcripts and any reasonable costs assessed by the Commission regarding the record on appeal shall be borne by the party making the appeal.