Current through September 21, 2024
(a) Complaint
Review Process. Any person may submit a complaint to the Board that a nursing
education program has failed to meet the requirements of this chapter.
(i) The Board staff may initiate complaints
on their own motion.
(ii)
Complaints must contain the name, address, and signature of the person making
the complaint.
(iii) The Board
shall assign each complaint to the Committee for review and to make a
recommendation.
(iv) The Board
shall notify the nursing education program of the complaint by mail.
(b) Committee Review.
(i) Upon receiving a complaint, the Committee
shall review the complaint to determine if it merits investigation.
(ii) The Committee may request additional
information from the nursing education program or meet informally with the
nursing education program.
(c) Notice of Deficiency.
(i) If the Committee believes the complaint
states a valid claim that a nursing education program has failed to meet the
requirements of this chapter, the Committee shall send a notice of deficiency
to the nursing education program's administrator identifying and briefly
explaining the program's deficiency.
(ii) The nursing education program shall have
thirty (30) days to respond to a notice of deficiency with a written plan to
correct the deficiency or explanation why there is no deficiency.
(d) Committee Recommendation and
Notice of Intent.
(i) After investigating the
allegations in the complaint and receiving any response from the nursing
education program, the Committee may recommend the Board:
(A) Deny approval of a nursing education
program;
(B) Withdraw approval of a
nursing education program; or
(C)
Place conditions and restrictions on approval of a nursing education program
for failing to meet the requirements of this chapter.
(ii) If the Committee recommends the Board
deny approval of a nursing education program, withdraw approval of a nursing
education program, or place conditions and restrictions on approval of a
nursing education program, the Committee shall notify the applicant of its
recommendation.
(iii) The Notice of
Intent shall contain:
(A) A brief description
of the facts or conduct the Committee alleges warrant its
recommendations;
(B) Citations to
the applicable sections of this chapter the Committee alleges the nursing
education program violated;
(C)
Notice that the nursing education program may respond in writing to the
allegations within thirty (30) days of the date the Committee mailed the Notice
of Intent; and
(D) Notice that an
applicant may request a hearing before the Board if the nursing education
program responds in writing within thirty (30) days of the date the Committee
mailed the Notice of Intent.
(e) program's Response to Notice of Intent.
The nursing education program shall have thirty (30) days from the date the
Committee mailed the Notice of Intent to respond. The applicant may:
(i) Request the Board hold a hearing on the
Committee's recommendation;
(ii)
Request the Board table consideration of the application; or
(iii) Withdraw their application.
(f) program's Failure to Respond
to Notice of Intent. If a nursing education program fails to timely respond to
the Notice of Intent, the Board may accept the Committee's
recommendation.
(g) Notice of
Hearing.
(i) Upon receipt of a written request
for a hearing from a nursing education program, the Board shall conduct a
hearing. Board staff shall serve a Notice of Hearing on the nursing education
program at least thirty (30) days prior to the hearing.
(ii) The Notice of Hearing shall contain:
(A) A brief statement of the matters
asserted, including the Committee's recommendation, the facts upon which the
Committee's recommendation is based, and the sections of this chapter that the
Committee alleges the nursing education program failed to meet;
(B) The time, place, and nature of the
hearing;
(C) The legal authority
and jurisdiction for the hearing; and
(D) The applicable burden and standard of
proof.
(h)
Contested Case. A hearing officer shall preside over the formal contested case
hearing and shall conduct the hearing according to the Wyoming Administrative
Procedure Act and Chapter 2 of the Office of Administrative Hearings rules
concerning contested proceedings as referenced in Chapter 1, Section
6.
(j) Burden of Proof. The Committee shall bear
the burden to prove by clear and convincing evidence the nursing education
program failed to meet the requirements of this chapter.
(k) Board Order.
(i) The Board may resolve a complaint by
denying approval of a nursing education program, withdrawing approval of a
nursing education program, or imposing conditions on a nursing education
program's approval.
(ii) The Board
shall issue a written order. The order shall be sent to the nursing education
program by regular U.S. mail.
(iii)
No Board action shall be effective until the date the written order is approved
by the Board and entered into the administrative record.
(l) Dismissal or Default. If a nursing
education program fails to appear at a noticed hearing, the Committee may
request the Board enter default against the program.
(i) In entering a default, the Board may:
(A) Order the allegations in the Committee's
recommendation to be taken as true for the purposes of the hearing;
or
(B) Order the nursing education
program may not present evidence on specific issues in the case.
(ii) The nursing education program
may request the Board lift its entry of default. The Board may lift its entry
of default if the program demonstrates good cause for failing to appear at the
noticed hearing.
(m)
Lawful Service. There shall be a presumption of lawful service of any
communication required by these rules if sent to the last known address of the
nursing education program by regular U.S. mail.
(n) Voluntary Surrender. A nursing education
program may petition the Board in writing to voluntarily withdraw their program
approval in Wyoming. The Board may accept the program's voluntary surrender at
a public meeting.
(o) Petition for
Judicial Review. Petitions for judicial review from decisions or orders of the
Board are governed by the Wyoming Administrative Procedure Act and the Wyoming
Rules of Appellate Procedure.
