048-11 Wyo. Code R. § 11-1

Current through April 27, 2019

Section 11-1 - Filing of a Formal Complaint; Service; Satisfaction or Answer

(a) A formal complaint may be made by the Administrator on his own motion or by any person, setting forth in writing the act done or omitted to be done by the provider in violation of a state or federal law, order, or rule or standard of the Division. The complaint shall show the venue at the top of the page, "Before the Division of Community Programs, Department of Health and Social Services of the State of Wyoming," and shall bear a heading showing the names of the complainant and of the respondent. The complaint shall state:

(i) The name, address, and telephone number of the complainant;

(ii) The name, address, and telephone number, if known, of the respondent;

(iii) A clear and complete statement of the alleged violation complained of, together with all the facts which will give the Administrator and the respondent a clear and full understanding of the nature of the alleged violation. The allegations may be supported by sworn statements attached to the complaint as exhibits;

(iv) A definite statement of the exact relief prayed for; and

(v) The signature of the complainant or his attorney and if by the attorney, then his name, address, and telephone number.

(b) The complainant shall submit to the Administrator as many copies of the complaint and exhibits as are necessary for the Administrator to serve them on each respondent.

(c) When a formal complaint has been filed with the Administrator, he shall assign a docket number to the case. The docket number shall identify the nature of the case; that is, "C" for "complain," or "P" for "protest," and the year the case is filed and the chronological number of the cases filed before the Division. For example, "C-83-1" or "P-83-1."

(d) The Administrator shall thereupon serve each respondent with a copy of the complaint and all the exhibits and his order requiring the defendant to satisfy the complaint if satisfaction is appropriate, or to file an answer to the complaint within twenty (20) days after receipt of the complaint.

(e) If the respondent satisfies a formal complaint within the time specified in Subsection (d) of this section, he shall file with the Administrator a statement of satisfaction signed by the complainant and by the respondent and setting forth when and in what manner the complaint has been satisfied. The proceeding shall thereupon be dismissed.

(f) If the respondent does not satisfy the complaint within the time specified in Subsection (d) of this section, he shall file his Answer within the specified time. The Answer shall clearly and completely advise the parties and the Administrator of the nature of the defense. It shall admit or deny individually and specifically each allegation of the complaint.

048-11 Wyo. Code R. § 11-1