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23 Cards in this Set
- Front
- Back
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Who has the burden of proof under the WY Controlled Substance Act? |
The proponent for the issuance, amendment, or repeal of any rule or regulation |
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If the Bureau publishes a final order designating, rescheduling, or deleting any substance as a CS in the Federal Register, the Commissioner may do what? |
-Within 30 days after the publication of the final order in the Federal Register, the Commissioner may object to designating, rescheduling or deleting the substance OR -After 30 days following the publication of teh final order in the Federal Register, the Commissioner may issue a final order designating, rescheduling or deleting the subtance in the same manner without regard to findings |
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What must happen any time the Commissioner objects to designating, rescheduling, or deleting the substance? |
-The Commissioner shall promply notify all persons who have previously requested in writing, notification of the action. -The notice shall contain the reasons for the objection -Then, the Commissioner shall hold a hearing which shall conform to the WY Administrative Procedure Act regulating the adoption, amendment, or repeal of rules. |
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How is a disciplinary action initiated against a license holder? |
by submitting a written complaint to the Board |
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Who may submit a complaint to the Board? |
any person or entity, a Board member, or a Board staff member |
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What information should the written complaint contain? |
-Name and address of the complainant -Name, address, place of employment and telephone number of the license holder against whom the charges are made -Specific conduct alleged to constitute the violation -Name and address of any other witnesses -Signature of the complainant |
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Who shall the written complaints be referred to? |
the Board staff and Compliance Officer/Investigator or to an Investigative Board Member (IBM) |
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Who is in charge of a complaint once the investigation is complete? |
the Executive Director |
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What must the Executive Director do upon completion of the investigation? |
-Dismiss the compliant if no evidence of violation of the Act or Board rules is found -Prepare and investigative report |
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What does an investigative report need to include? |
-The findings -A list of statutes and/or Board rules believed to have been violated -Any relevant additional information |
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Who does the Executive Director forward their report and recommendations to? |
The Assisstant Attorney General |
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After consultation with the Assisstant Attorney General, what may the Executive Director do next? |
-Send notice to the license holder against whom the charges are made against -Prepare and file a formal petition and notice of the hearing, setting the matter for a contested case hearing before the Board -Recommend the Board accept an offer of conditional terms for settlement, which may include educational courses -Recommend the Board to dismiss the complaint |
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The Board may resolve a complaint at any time by? |
-Accepting a voluntary surrender of a license -Accepting conditional terms for settlement -Dismissal |
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A notice by the Executive Director shall give the license holder an opportunity to show compliance with all lawful requirements for retention of teh license within how many days? |
20 days of the mailing of the notice |
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How shall formal proceedings, for a hearing regarding action towards a license holder, be commenced? |
-Petition and notice of the hearing -Served in person or by both certified mail and first class mail -Sent 30 days before the date set for the hearing |
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What must the petition and notice sent to the license holder contain? |
-Name and address of the license holder -Statement, in ordinary and concise language, of the nature of the complaint filed with the Board, the facts upon which the complaint is based, as well as the specific statute or Board rules/regulations alleged to have been violated -The time, place and nature of the hearing -That the hearing is being held pursuant to the authority -The license holder shall file an Answer or Notice of Appearance which must be received by the Board at least 10 working days before the date set for the hearing, or the holder will be in default |
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How long does the license holder have to answer a petition and notice? |
10 working days before the day of the hearing |
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What happens if the license holder does not respond to a petition and notice or does not show up to a hearing? |
They will be in default and the Board may enter an order based on the allegations in a petition (therefore the license holder would not be able to defend themselves) |
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Who shall act as the hearing officer and shall preside over the formal contested case hearing? |
The Office of Administrative Hearings |
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T/F Proposed decisions of a petition against a license holder is not binding upon the Board. |
True |
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What is a petition for Judicial Review of the Board? |
An appeal made by a party after a final decision that is filed in the district court in accordance with the WY Rules of Appellate Procedure. |
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Where is the petition for Judicial Review of the Board filed? |
In the district court |
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Who pays for the petition for Judicial Review? |
The petitioner shall either arrange the preparation and pay for the transcript of the testimony or they can reimburse the Board for the cost of the transcript if previously prepared at the Board's expense |
