CHAPTER 9

 

PRACTICE AND PROCEDURE FOR DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION

 

Section 1.Complaints.

 

(a)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 Peace Officer Standards and Training Commission Act (W.S. 9-1-701 through 709) or the rules and regulations of the Commission shall be in writing and shall provide at least the following information:

 

(i)Name, address and place of employment of the person believed to have violated the Act or the rules and regulations of the Commission;

 

(ii)A detailed description of the alleged violation, including dates, times and locations;

 

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

 

(iv)The signature, address, and telephone number of the person making the complaint.

 

(b)A complaint, in the form prescribed above, may also be made by the director based on his own knowledge or information and belief. 

 

 Section 2.  Investigations.

 

(a)The director shall investigate all complaints.

 

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

 

(i)Forward the complaint to the Commission for formal disciplinary proceedings;
 

(ii)Send a written letter of warning to the subject of the 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 recertification;

 

(v)Institute proceedings to revoke certification; or

 

(vi)Close the investigation of the complaint and take no further action.

                

             Section 3.Commencement of Formal Proceedings for Suspension or Revocation of Certification.

 

(a)Formal proceedings may be commenced only after the filing of a complaint as prescribed above, alleging a violation of the Act or the rules and regulations of the Commission.

 

(b)Formal 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)Notification that 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 or last address provided to the Commission by the respondent.

 

Section 4.Denial, suspension, or revocation of Certification.

 

(a)Any person whose certification has been denied, suspended or revoked by the director may contest the denial, suspension or revocation to the Commission pursuant to the Wyoming Administrative Procedure Act and these rules.

 

(b)A request for hearing must be in writing and filed with the Commission within thirty (30) days of the date of the director's written notice denying, suspending, or revoking certification.

 

(c)The applicant has the burden of proving that he/she meets all requirements for the certification requested.

 

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 thereto, and all such items shall have noted there on the docket number assigned and the date of filing.

 

(c)The director shall arrange for a hearing officer to conduct the hearing and proceedings in connection therewith.

Section 6.Contested Cases.

 

(a)All formal contested case hearings shall be conducted pursuant to the Wyoming Administrative Procedure Act and the Office of Administrative Hearings rules concerning contested case proceedings.

 

(b)The Commission hereby incorporates by reference the following uniform rules:

 

(i)Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at: http://soswy.state.wy.us/Rules/RULES/9644.pdf.
 

(ii)For these rules incorporated by reference:

 

(A)The Commission has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

 

(B)The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b)(i) of this section; and

 

(C)The incorporated rules are maintained at the Commission's office and are available for public inspection and copying at the same location.

 

 

 

 

 

Section 7.Decision and Order.

 

(a)Following a hearing, the Commission shall make and enter a written decision and order containing findings of facts and conclusions of law, stated separately.

 

(b)The decision and order shall be sent by certified mail to the respondent and the respondent's attorney of record.

 

(c)This rule 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 8.Surrender of Certificate.   In the event a certificate is revoked or suspended, the certificate shall be surrendered to the Commission.

 

Section 9.Appeals.

 

(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.