§ 33-24-123 — Revocation or suspension of license and registration; proceedings; informal resolution

Wyoming § 33-24-123

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 24: PHARMACY
• Art. 1: IN GENERAL

Text

(a) Except as provided by subsections (b) and (c) of this
section, proceedings under W.S. 33-24-122 may be taken by the
board from matters within its knowledge, or may be taken upon
the information of others; provided however, that if the
informant is a member of the board, the other members of said
board shall constitute the board for the purpose of finding
judgment of the accused. The board shall, if it deems the charge
sufficient, give notice by mail to the accused of facts or
conduct which warrant the intended action, and afford the
accused a hearing, as provided by law. All hearings or
proceedings hereunder shall be conducted in accordance with the
procedures prescribed by the Wyoming Administrative Procedure
Act. If the accused does not appear, the board may proceed and
determine the accusation in his absence. If the accused pleads
guilty, or, upon the hearing the board shall find the causes
alleged, or any of them to be true, it may proceed to judgment
and may either revoke his registration and license, or merely
revoke his license or suspend it for a specified period of time,
or condition any of such sanctions on such future active or
passive conduct of the offender as the board shall determine is
reasonable, provided that such remedies are not exclusive and
shall be in addition to other remedies provided by law. Upon
revocation of any registration or license, the fact shall be
noted upon the records of the board of pharmacy and the license
shall be marked as cancelled upon the date of its revocation.
(b) Notwithstanding subsection (a) of this section, the
executive director may subject to board approval and upon mutual
agreement with a licensee, informally resolve violations of W.S.
33-24-122(a) and impose administrative penalties authorized
under W.S. 33-24-122(b) in lieu of the proceedings specified
under subsection (a) of this section. If the board disapproves
the agreement and informal resolution, the agreement shall not:
(i) Constitute any admission by the licensee;
(ii) Be admissible in any subsequent proceeding under
this act;
(iii) Prohibit the director from filing a formal
complaint;
(iv) Prohibit the licensee from contesting or
objecting to a formal complaint filed by the director or from
appealing the decision of the board.
(c) Upon receipt from the department of family services of
a certified copy of an order from a court to withhold, suspend
or otherwise restrict a license issued by the board, the board
shall notify the party named in the court order of the
withholding, suspension or restriction of the license in
accordance with the terms of the court order. Notwithstanding
subsection (a) of this section, no appeal under the Wyoming
Administrative Procedure Act shall be allowed for a license
withheld, suspended or restricted under this subsection.