048-1 Wyo. Code R. § 1-4

Current through April 27, 2019
Section 1-4 - Definitions

The definitions set forth in the Wyoming Administrative Procedures Act, W.S. 16-3-101, are incorporated by reference, and for the purposes of a contested case hearing, the following definitions shall apply.

(a) "Administrator" - Administrator of the Division of Developmental Disabilities, Department of Health.

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

(c) "CAB" - The Compliance Advisory Board established in the Consent Decree pursuant to Weston, et al. v. Wyoming State Training School, et al. Civil Action C90-0004, U.S. District Court, District of Wyoming.

(d) "Class member" - any person on the rolls of the Wyoming State Training School on July 9, 1990 or any mentally retarded person having applied and been accepted for class membership under the Procedures for Adding and Deleting Class Members pursuant to Civil Action C90-0004.

(e) "Contestant" - any person receiving or in need of services funded through the Division, or the guardian of such a person bringing the complaint against the Division or its contractors.

(f) "Contested case" - a proceeding by the Division in which the extent, location, quality, quantity, appropriateness, scope or duration of services, exclusive of education services, required by regulation or requested by a contestant to be determined by the Department.

(g) "Contractor" - any of the developmental disabilities regional service provider's on contract with the Division or the Wyoming State Training School.

(h) "Department" - the Department of Health.

(i) "Director" - Director of the Department of Health.

(j) "Division" - Division of Developmental Disabilities of the Department of Health.

(k) "Education services" - Services usually provided by a school district or intermediate education unit to a student enrolled in the district, or special education and related services specified on a childs Individual Education Plan, developed by the local school district in conformance with the Individuals with Disabilities Education Act ( P.L. 101-476 ).

(l) "Hearing Officer" - any individual designated by the Director to serve as the presiding officer at a hearing held under these rules.

(m) "Indispensable party" - any person whose joinder as a party is so important to a just resolution of the contested case that if he cannot be joined the action should not be allowed to proceed. The hearing officer will determine who is an indispensable party.

(n) "Respondent" - the Department of Health.

(o) "WAPA" - the Wyoming Administrative Procedures Act, W.S. W.S. W.S. 16-3-101 through 16-3-115.

048-1 Wyo. Code R. § 1-4