049-2 Wyo. Code R. § 2-9

Current through April 27, 2019
Section 2-9 - Administrative Hearings

(a) Following a determination of substantiation, an alleged perpetrator of abuse and/or neglect who is aggrieved by said determination may request an administrative hearing.

Requests for an administrative hearing shall be submitted in writing within twenty (20) days of the date of the notice of the determination. In those cases where criminal charges arising out of facts of the investigation are pending, the request for review shall be made within twenty (20) days from the court's final disposition or dismissal of the charges. If criminal charges are filed after the request for hearing has been made but before the administrative hearing is held, the hearing request will be dismissed and a subsequent request may be submitted pursuant to the terms of this subsection.

(b) An opportunity to discuss the issues and resolve the dispute shall be offered.

(c) If the dispute is resolved to the satisfaction of both parties, the person who requested the administrative hearing shall sign a statement withdrawing the request. If the dispute is not resolved, the matter shall proceed to hearing.

(d) Notwithstanding any other provision in this section, an alleged perpetrator is not entitled to an administrative hearing if the perpetrator has been convicted, adjudicated or there is a finding by a civil, juvenile or criminal court, or a consent decree whether by a plea of guilty, finding of guilt or a nolle contendre plea that the alleged perpetrator committed certain acts that the child protective act defines as abuse or neglect.

049-2 Wyo. Code R. § 2-9