§ 33-38-105 — Powers and duties of the board; rules; meetings; fees

Wyoming § 33-38-105

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 38: PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY
• Art. 1: GENERAL PROVISIONS

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(a) The board shall adopt rules not inconsistent with this
act or the laws of this state that are reasonable and necessary
to administer this act. A subcommittee from each discipline
shall be requested to draft the recommended rules and
regulations for that particular discipline and shall submit them
to the full board for action. The rules shall be adopted in
accordance with the provisions of the Wyoming Administrative
Procedure Act.
(b) The board shall meet not later than thirty (30) days
after its members are appointed by the governor. The board
shall elect a chairperson and a vice-chairperson and a
secretary-treasurer who shall hold office according to the rules
adopted by the board.
(c) The board shall hold at least one (1) regular meeting
each year and any special meetings that are properly called as
provided by the rules adopted by the board. Four (4) members
constitute a quorum.
(d) The board shall conduct hearings on complaints
concerning violations of this act and the rules adopted under
this act. The initial inquiry will be conducted by a
subcommittee, appointed by the board, composed of members of the
discipline in question which will make recommendations to the
board for action.
(e) The board may, in its own name, proceed in any court
of competent jurisdiction to enjoin and restrain any unlicensed
person from violating this act and may similarly act to bring
suit to prevent or remedy any other violation of this act or of
the rules adopted under this act. The action is in addition to
any other proceeding or remedy authorized by law. The board
shall be represented in all such actions by the attorney general
or private counsel may be secured with approval of the attorney
general.
(f) The board may charge an application fee and fees for
examinations, licensing, certification, specialty examination
designation, renewal and other services under this act or in
accordance with the Interstate Compact for Licensed Professional
Counselors, under W.S. 33-38-202, provided in amounts
established by the board pursuant to W.S. 33-1-201 or 33-38-202.
All money received, and the interest thereon, shall be deposited
in the state treasury to the credit of a separate account and
may be used only for the administration of this act except as
provided by the Interstate Compact for Licensed Professional
Counselors under W.S. 33-38-202.
(g) No member of the board is liable for any act performed
in good faith for the performance of duties set forth in this
act.
(h) 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. No appeal under
the Wyoming Administrative Procedure Act shall be allowed for a
license withheld, suspended or restricted under this subsection.
(j) The board shall request criminal history background
information as authorized under W.S. 7-19-106(a)(xxxiv) on
license and certificate applicants for:
(i) All initial applicants; and
(ii) All renewal applicants once every four (4)
years.
(k) The board shall administer the provisions of the
Interstate Compact for Licensed Professional Counselors under
W.S. 33-38-202, including factoring the annual assessment
required under the compact into the board's biennium budget and
promulgating any rules necessary for implementation of the
compact.