Wyo. Code R. 010-0005-22
General Agency, Board or Commission Rules
Chapter 22: Contested Case Hearings WY Weed & Pest Control Act
Effective Date: 08/18/2003 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0005.22.08182003
(a.) These rules are promulgated as required by the Wyoming Weed and Pest Control Law of 1957 (W.S. 11-5-101 through W.S. 11-5-303), hereinafter called the Act, and the Wyoming Administrative Procedures Act (W.S. 16-3-101 through W.S. 16-3-115) for the purpose of carrying out the intent of the Act and is applicable to all section of the Act.
(a.) Board: The Board of Certification established by W. S. 11-5-106.
(b.) Proponent: The Board, or any other person or party who initiates or requests any action or decision, and may include complainant where applicable.
(c.) Contestant: Any person who will be aggrieved or adversely affected by a proposed action of the Board and who requests a hearing before the Board, and may include the opponent or defendant where applicable.
(d.) Party: Each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.
(e.) Person: Any individual, partnership, association or organized group of persons whether incorporated or not.
(f.) Rules of Civil Procedure: Those Wyoming Rules of Civil Procedure in effect at the time of the hearing.
(g.) Hearing Officer: Designated hearing officer who shall preside over the hearing.
(a.) The Board may initiate any action which may result in a contested case in accordance with the Wyoming Administrative Procedure Act by:
(i.) Giving written notice of proposed action either served personally or by certified mail, return receipt requested, to the person or persons who will be aggrieved or adversely affected thereby, or
(ii.) Causing the publication in proper form, of a copy of the notices, (1.) Said publication to be made in three newspapers of general circulation in the state.
(2.) Said publication to appear at least once a week for three consecutive weeks prior to the commencement of the action, the last publication to appear at least five days prior to the action.
(b.) A notice of proposed action by the Board shall include a statement of:
(i.) The nature of the proposed action.
(ii.) The particular rules, regulations, bylaws, and/or statutes which are involved.
(iii.) A short, plain statement of the matters asserted.
(iv.) The fact that a hearing may be requested within twenty days after the date of the mailing of the notice; and that if a hearing is not requested, the proposed action shall automatically take effect at the expiration of the twenty day period.
(c.) If a person makes a request for a hearing pursuant to this section, the request contain the information required by Section 4b.
(d.) Upon receipt of a request for hearing, the Board shall give the person making the request written notice by certified mail, return receipt requested of the time, place and nature of the hearing as well as the legal authority under which the hearing is being held.
(a.) Any person aggrieved or adversely affected in fact by the Board's action or decision, or who will be aggrieved or adversely affected in fact by the recommendation, may within twenty days after the date of the mailing of the notice of the action or decision or recommendation, request a hearing before the Board.
(b.) The request for hearing shall be directed to and served upon the Hearing Officer of the Board or the Director of the Department of Agriculture and shall show:
(i.) A request for hearing before the Board.
(ii.) The decision, or recommendation upon which a hearing is requested.
(iii.) A statement in ordinary, but concise, language of the reason for requesting a hearing.
(iv.) The address of the person making the request and the name and address of his attorney, if any.
(c.) Upon receipt of a request for hearing, the Board shall give the person making the request written notice of:
(i.) The time, place and nature of the hearing.
(ii.) The legal authority under which the hearing is to be held.
(iii.) The particular rules, bylaws and/or statutes involved.
(iv.) A short and plain statement of the matters asserted.
(v.) The written notice shall be served by mail addressed to the person making the request or his attorney.
(d.) The hearing shall be conducted as a contested case hearing.
(a.) As nearly as may be, hearings shall be conducted in accordance with the following order of procedure.
(b.) The Hearing Officer shall announce that the Board is open to transact business and call by docket number and title the case to be heard.
(c.) The proponent will be allowed an opening statement to briefly explain its position to the Board and outline the evidence it proposes to offer, together with the purpose thereof.
(d.) The contestant will be allowed an opening statement.
(e.) Any additional parties will be allowed an opening statement.
(f.) The proponent's evidence will be heard. Witnesses may be cross-examined by the contestant or his attorney, by members of the Board and the Hearing Officer. The proponent's offered exhibits will be marked by letters of the alphabet, beginning with A4.
(g.) The evidence of the contestant will be heard and exhibits of such will be marked with numbers, beginning with the number A1. The proponent or his attorney, each member of the Board, and the Hearing Officer, shall have the right to cross-examine all witnesses presented on behalf of the contestant.
(h.) Other parties may offer evidence.
(i.) The Hearing Officer may, in his discretion, allow evidence to be offered out of order, as herein prescribed.
(j.) Closing statements will be made in the following sequence:
(i.) Proponent
(ii.) Contestant
(iii.) Proponent's rebuttal if the Hearing Officer feels it is necessary.
(k.) The time for oral argument may be limited by the Hearing Officer.
(l.) The Hearing Officer may recess the hearing as required.
(m.) After all interested parties have been offered an opportunity to be heard, the Hearing Officer shall declare the evidence closed and excuse all witnesses.
(n.) The Hearing Officer may, at his discretion or the Board's request, allow or require parties to tender written briefs, and the time for filing such briefs shall be set by the Hearing Officer.
(o.) The Board may, at its discretion, appoint a designated Hearing Officer, who will the preside as hearing officer during the course of such hearing; such designated Hearing Officer shall be an attorney licensed to practice law in the State of Wyoming.
(p.) The designated Hearing Officer shall, for purposes of that hearing, have all powers provided in W.S. 16-3-112(b).
(q.) The Hearing Officer may declare that the matter is taken under advisement and that the decision and order of the Board will be announced at a later date.
(a.) The Wyoming Rules of Civil Procedure shall apply in all hearings before the Board.
(a.) The filing of a pleading or other appearance by an attorney constitutes his appearance for the party for whom made. The Board must be notified in writing of his withdrawal from any matter. Any person appearing before the Board at a hearing in representative capacity shall be precluded from examining or cross-examining any witness, unless such person shall be an attorney licensed to practice law in the State of Wyoming, or a non-resident attorney associated with a Wyoming attorney.
(a.) Any person interested in obtaining relief sought by a proponent or otherwise interested in the determination of a proceeding pending before the Board, may petition for leave to intervene in such proceeding prior to or at the time it is called for hearing, but not thereafter except for good cause shown. The petition shall set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and if affirmative relief is sought, the same should conform to the requirements for a formal complaint. Leave will not be granted except on allegations reasonable pertinent to the issue already presented and which do not unduly broaden them.
If leave is granted, the petitioner becomes an intervener and a party to the proceeding with the right to have notice of, and appear at the taking of testimony, to produce and cross-examine witnesses, and to be heard on the argument of the case.
Section 9. Transcripts.
(a.) Oral proceedings or any part thereof shall be transcribed on request of any party upon payment of the cost thereof. In case of an appeal to the District Court, the party appealing shall secure and file a transcript of the testimony and other evidence offered at the time of the hearing with the Board, which transcripts shall be verified by the oath of the reporter or transcribed as true and correct transcripts of the testimony and other evidence in the hearing. The cost of making the transcript shall be paid by the party prosecuting such appeal. The complete record on appeal, including the transcript of testimony, shall be verified by the clerk.
Section 10. Decision and Order.
(a.) The Board shall make a written decision and order in all cases, which decisions shall contain findings of fact and conclusions of law based exclusively on the evidence admitted at the hearing and matters officially noticed. The decision and order of the Board shall be placed in the record of the case which shall be retained by the board.
Section 11. Record.
(a.) The record in all cases shall include:
(i.) All formal and informal notices.
(ii.) Evidence received or considered including matters officially noticed.
(iii) Questions and offers of proof, objections and rulings thereon.
(iv.) Any proposed findings and objections thereto.
(v.) The decision and order of the Board.
Section 12. Members of the Board Present.
(a.) No member of the Board shall vote upon a decision of the Board unless he shall have been present at the hearing or has read the transcript of the proceedings. A decision by a majority of the members of the Board voting shall be the decision of the Board.
(a.) Appeals from decisions of the Board are governed by the Wyoming Administrative Procedures Act and the Wyoming Rules of Appellate Procedure.
(a.) In case of an appeal to the District Court as above provided, the party appealing shall secure and file with the Court a transcript of the testimony and all other evidence offered at the hearing, which transcript must be verified by the oath of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case. The compensation of the reporter for making the transcript of the testimony and all other costs involved in such appeal shall be borne by the party prosecuting such appeal.