048-10 Wyo. Code R. § 10-6

Current through April 27, 2019
Section 10-6 - Finding of Noncompliance

(a) If, as the result of a review of the application for compliance or as the result of any on-site evaluation, the Division determines that the program is not in substantial compliance with the Standards, the Division shall notify the program within forty-five days of the on-site evaluation. Any program that has been found not to be substantially in compliance is entitled to a hearing, in accordance with the provisions of W.S. 16-3-113(c).

(b) The Administrator shall suspend or revoke an existing determination of compliance if s/ he determines that the program is not in substantial compliance with these standards. Unless an emergency exists, revocation or suspension under this Section shall become effective no less than thirty days following the date of issuance of the Administrators order suspending or revoking the determination of compliance. Prior to the issuance of a suspension or revocation order, the Division shall comply with the procedural requirements of W.S. 9-2 102(a)(iii) and W.S. W.S. W.S. 9-2-102(a)(iv).

(c) The Administrator may deny, revoke, or suspend all or any part of a determination of compliance in accordance with this Section.

(d) Any hearing conducted pursuant to the denial, suspension, or revocation under this Section shall be held as a contested case hearing, in accordance with the provisions of W.S. W.S. 16-3-107, and the Department of Health Rules of Practice and Procedure.

(e) Suspension shall be lifted when the program has demonstrated substantial compliance with the Standards.

(f) If the Administrator finds that the public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in his order, suspension prior to a hearing may be ordered, in accordance with the provisions of W.S. W.S. W.S. 16-3-113(c).

048-10 Wyo. Code R. § 10-6