049-15 Wyo. Code R. § 15-4

Current through April 27, 2019
Section 15-4 - Definitions

The definitions set forth in the Wyoming Administrative Procedures Act, W.S. § 16-3-101(2011), are incorporated by reference and this rule does not include any later amendments to the Act. For the purposes of a contested case hearing, the following definitions shall also apply:

(a) "Affidavit" - a written notarized statement of facts made voluntarily under oath.

(b) "Board" - the Child Care Certification Board acting as the board of review.

(c) "Chairman" - the chairman of the Child Care Certification Board.

(d) "Contested case" - a proceeding involving denial, suspension, revocation, substantiated complaint or non-renewal of any certificate issued under W.S. § 14-4-101 through 14-4-116 in which legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for a hearing.

(e) "Department" - the Department of Family Services.

(f) "Director" - the Director of the Department of Family Services.

(g) "Ex parte matter" - matters heard by the Hearing Officer in the absence of and without notice to the adverse party.

(h) "Hearing Officer" - any designee of the Chairman to serve as the presiding officer at a hearing held under these rules. The Chairman may appoint such persons as necessary to assist in the conduct of a hearing.

(i) "Hearing Panel" - a committee of three (3) or more Board members designated by the Chairman of the Child Care Certification Board to hear a case and recommend a decision on behalf of the Board.

(j) "Indispensable party" - any person whose joinder as a party is required to obtain a just resolution of the contested case. The Hearing Officer will determine who is an indispensable party.

(k) "Individual" - the person impacted by decisions of the Department.

(l) "Informal Conference" - the conference conducted at the Department local level by the Licensing Program Manager or Supervisor to review case information concerning local DFS action regarding a contested case.

(m) "Person" - any individual, partnership, corporation, association, municipality, governmental subdivision, public or private organization of any character, other than an agency.

(n) "Petitioner" - Department or individual as designated by the Hearing Officer.

(o) "Respondent" - Department or individual as designated by the Hearing Officer.

(p) Wyoming Administrative Procedure Act ("WAPA") - W.S. § § 16-3-101 through § 16-3-115.

(http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title16/T16CH3.htm, 2012).

049-15 Wyo. Code R. § 15-4