Statutes, codes, and regulations
Wyoming Administrative Code
Agency 049 - Family Services, Dept. ofSubagency 0002 - Adult Protective Services
Chapter 4 - CASE CLOSURE, ADMINISTRATIVE HEARINGS, AND CONFIDENTIALITY
Section 4-2 - Administrative Hearings

049-4 Wyo. Code R. § 4-2

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Current through April 27, 2019
Section 4-2 - Administrative Hearings

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

(b) 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 may be pending, the request for review shall be made within twenty (20) days from the court's final disposition, dismissal of the charges, or prosecutorial determination to not pursue 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.

(c) An opportunity to discuss the Department's issues and resolve the dispute shall be offered.

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

  • (i) If the agency received a request to withdraw orally, the agency shall provide written notice to the parties within ten (10) days of the party's request confirming the withdrawal request and providing the party with an opportunity to reinstate the hearing. The party must have good cause to reinstate the hearing request, otherwise it will be dismissed. Written notice must advise the party that there is ten (10) days from the time the date notice is received to advise the State agency of the desire to request or reinstate the hearing. If the request for reinstatement is accepted the State agency must provide a fair hearing within a reasonable amount of time.

(e) 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 or criminal court, or a consent decree whether by a plea of guilty, finding of guilt or a nolo contendere plea that the alleged perpetrator committed certain acts that the Adult Protective Services Act defines as abuse, neglect, exploitation, intimidation or abandonment.

049-4 Wyo. Code R. § 4-2