The Wyoming Board of Cosmetology (Board) issued a notice of intent to adopt new rules on September 12, 2022. The suggested rules changes affect the following sections: display of notices, licensing by examination and endorsement, instructor licensing and requirements, and practices and procedures.
ASCP, AHP, and ANP have summarized the proposed rules for you below. If you would like to submit written comments to the Board in support of, or in opposition to, the proposed rules, email email@example.com before October 28, 2022.
Display of License, Rules, and Notices (page 30)
The proposed rules would require licensees to display a closure notice due to disciplinary action at an establishment’s front entrance during mandatory closure.
Licensing by Examination and Endorsement (page 34 and 35)
The proposed rules would require individuals applying for licensure by examination or endorsement to provide the Board with an English translation of all required documentation relating to the individual’s training if their documents are in a different language.
Instructor Licensing and Requirements (page 36)
The proposed rules would require individuals applying for an instructor license to provide the Board with an English translation of all required documentation relating to the individual’s training if their documents are in a different language.
Current law requires individuals submitting an application for the instructor exam to deliver their application to the Board no later than 20 days before the exam date. The proposed rules would decrease the timeline to 15 days before the exam date.
Practices and Procedures (page 49)
The following sections are new and detail application reviews and hearing procedures; complaints, disciplinary investigations, and hearing procedures; voluntary license surrender; and petitions.
An Application Review Committee (ARC) will review all license applications. The ARC may recommend that the Board:
- Issue, renew, or relicense a license
- Reinstate a license subject to reprimand, conditions, restrictions, or other disciplinary action
- Approve a settlement agreement
- Deny an application
If the ARC recommends denying licensure or issuing disciplinary action to an applicant, a Notice of Intent must be sent to the applicant that details their decision. The notice must inform the applicant that they can request a hearing before the Board within 30 days from the date of mailing.
Application Hearing Procedure
If the Board receives a written request for a hearing from an applicant, a contested case will proceed. The Board must issue the applicant a Notice of Hearing detailing the ARC’s recommendation, the facts the recommendation are based on, and the time and place of the hearing. This is an opportunity for the applicant to prove they meet the state’s qualifications for licensure. Learn more about the hearing process on page 50.
Complaint Reviews and Disciplinary Investigation
After the Board receives a complaint against a licensee, the Board staff will assign the complaint to an Investigation Committee (IC). The IC will examine the complaint and may recommend that the Board:
- Dismiss the complaint
- Immediately suspend a license
- This may occur if the IC believes the licensee’s practice is a threat to public health, safety, or welfare.
- Approve a settlement agreement
- Discipline the licensee (censuring, revoking, suspending, or refusing to renew)
If the IC recommends license suspension, a Notice of Intent must be sent to the applicant that details their decision. The notice must include a copy of the complaint, the reasoning for the suspension recommendation, and a date and time of a suspension hearing.
Complaint Hearing Procedure
The IC will describe the allegations, demonstrating probable cause regarding the allegations and why a licensee warrants emergency action to protect public health, safety, and welfare. This is an opportunity for the licensee to present information to prove otherwise. The Board may grant or deny an immediate suspension within seven days after the hearing.
Voluntary License Surrender
A licensee may petition the Board in writing to voluntarily surrender a license instead of receiving discipline. The IC will recommend that the Board approve or deny the petition. The IC may also petition the Board to revoke the license, impose practice restrictions, or request immediate suspension. Review the hearing procedure here (page 55).
Petition to Modify Conditions or Restrictions
A licensee can write to the Board to modify any conditions or restrictions on their license. The petition must be written and include evidence demonstrating compliance with Board orders, among other requirements. View the petition process here (page 57).