Wyo. Code R. 002-0017-7
Effective Date: 07/05/1989 to 09/18/1995
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0017.7.07051989
Date Filed 07/05/89 Expr Date Supr Date Repeal Date Document Type RULES
Section 1. Authority These rules are promulgated by authority of W.S. 17-4-124 and pursuant to W.S. 16-3-102.
Section 2. Wyoming Administrative Procedure Act (WAPA). The Wyoming Administrative Procedure Act (WAPA) W.S. 16-3-101 through W.S. 16-3-115 is incorporated herein by reference.
Section 3. Wyoming Rules of Civil Procedure (WRCP). The Wyoming Rules of Civil Procedure insofar as they are applicable and not inconsistent with the WAPA are incorporated herein by reference.
Section 4. Initiation of Contest. Contests under these rules may be initiated by the Secretary of State or by a person aggrieved by an order of the Secretary of State. The aggrieved person may request a hearing pursuant to W.S. 17-4-101 through 17-4-129 and W.S. 16-3-101 through 16-3-115.
(a) Any person aggrieved by an order of the Secretary of State and who is entitled to request a hearing upon such order, may request a hearing by serving a written request, signed by the aggrieved party or his legal representative, within thirty (30) days of receipt of the order. Upon receipt of such notice the Secretary of State shall serve a formal notice of hearing.
(b) The Secretary of State may initiate a contest by serving notice by petition or order on the contestant which contains the information required by W.S. 16-3-107 (b) and by W.S. 17-4-101 et seq.
Section 5. Service Service shall be made whether personally or by certified mail.
(a) The person serving the process shall make proof of service thereof to the Secretary of State or the designated hearing officer.
(b) Proof of service shall be made:
Section 6. Answer or Appearance. The Contestant shall be required to file with the Secretary of State or the designated hearing officer, a written answer within twenty (20) days from the date of service.
Section 7. Default. Any Contestant who has been properly served and who fails to answer or appear within the time limits set forth herein shall be in default and the allegations in the order, petition or formal notice shall be taken as true, and a final order may be entered if required.
Section 8. Subpoenas. Subpoenas for the appearance of witnesses and for the production of books, papers, documents for exhibits will be issued by the Secretary of State, the Deputy or the Hearing Officer upon written request of any party. The Secretary of State, the Deputy, or the Hearing Officer may issue any subpoenas for the production of books, papers, documents, exhibits or for the appearance of any person or persons in support of the order or petition.
(a) All written requests shall be received by the Secretary of State in sufficient time to allow for processing in order that the subpoenaed party has a ten (10) day prior notice to the date of the hearing.
(b) The cost of subpoenas and witness fees shall be paid by the party making the request for the subpoena.
Section 9. Informal Disposition. Any case may be finally disposed of by stipulation, agreed settlement, or consent order. An appropriate order shall be entered in the case record.
Section 10. Pre-Hearing Conference. The Secretary of State may order a pre-hearing conference in accordance with WRCP 16.
Section 11. Hearing. The Hearing Officer shall hear all matters previously noticed in the pleadings on the date, time, and place of hearing as directed by the Secretary of State.
(a) Issues set forth in the order or petition shall be presented by a representative acting on behalf of the Division as designated by the Secretary of State.
(b) Any party may represent themselves, or may be represented by an attorney licensed to practice law in the state of Wyoming.
(c) The Hearing Officer may grant formal requests for continuances upon a showing of good cause.
Section 12. Order of Procedure During Hearings. Hearings shall be conducted in accordance with the following order of procedure:
(a) The Hearing Officer shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard.
(b) Each party may make an opening statement.
(c) The representative of the Secretary of State shall then proceed to present evidence. All exhibits offered by and on behalf of the Secretary of State shall be marked separately commencing with the alphabetical letter 'A'.
(d) The Contestant then shall proceed to present evidence. Each exhibit offered by and on behalf of the Contestant shall be marked separately commencing with the alphabetical letter 'B'.
(e) Each party may offer rebuttal evidence within the discretion of the Hearing Officer.
(f) Closing statements may be made by the parties in the same order as evidence was presented.
(g) The Hearing Officer may in his or her discretion, or upon motion by either party, limit the time allowed for opening and closing statements.
(h) The Hearing Officer may take the matter under advisement or may render a decision at the close of the hearing.
Section 13. Witnesses to be Sworn. All persons testifying at any hearing before the Hearing Officer shall stand and be administered the following oath:
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth so help you God.
Section 14. Attorney General May be Present. In all matters before the Hearing Officer, the Hearing Officer may request the Attorney General or a representative of his staff to be present throughout the hearing or any part of the hearing to assist and advise the Hearing Officer conducting the hearing.
Section 15. Transcript of Hearing. All hearings shall be recorded by electronic means unless either party, by motion, requests the hearing be recorded stenographically.
(a) The party moving for stenographic recording shall be required to bear the cost and arrange for the stenographer.
(b) In case of an appeal to the district court, the party appealing shall file a transcript of the testimony and all other evidence offered at the hearing, which shall be verified by the oath of the reporter transcribing the testimony. The compensation of the reporter for making the transcript and all other costs involved in the appeal shall be borne by the party prosecuting the appeal.
Section 16. Rules Not to Apply to Investigations. Nothing contained in these rules shall apply to investigations that may be conducted by the Secretary of State under the terms and provisions of W.S. 17-4-119.
Section 17. Severability. If any provision of these rules or their application to any person or circumstances is held invalid this shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application and to this end the provisions of these rules are severable.