Wyo. Code R. 021-0002-9
Banking Division
Chapter 9: Contested Cases
Effective Date: 04/18/2014 to Current
Rule Type: Current Rules & Regulations
Reference Number: 021.0002.9.04182014
The WAPA as defined by W.S. 16-3-115 is incorporated herein by reference.
The WRCP insofar as they are applicable and not inconsistent with the WAPA are incorporated herein by reference.
(a) All matters and proceedings arising out of or related to an application or a suspension or revocation shall be confidential, except as otherwise provided in this Section.
(b) All materials delivered to the Commissioner in connection with an application or a revocation shall be handled in a manner analogous to that for an application under Chapter 11 of these Regulations, including segregation of such materials in case, correspondence and confidential files.
(c) At the hearing, the hearing officer may adjourn the public portion of the hearing at any time to consider or receive any protected material in a session that is not open to the public. To the extent that information is disclosed at public portions of the hearing, such information shall not be confidential.
(d) The hearing officer’s findings of fact and conclusions of law and report and recommendation to the Commissioner shall not be confidential and shall be available for public inspection under the Wyoming Public Records Act.
(e) After the Commissioner has rendered his final decision after the hearing, any written report of such decision shall not be confidential and shall be available for public inspection under the Wyoming Public Records Act.
The Commissioner may appoint a hearing officer to preside at any proceeding before the Commissioner. The hearing officer shall be an employee of the Division of Banking or an employee of another agency designated by the Commissioner to act as presiding officer.
(a) Until ten (10) days before the hearing, discovery and the taking of depositions shall be available to the parties as provided in W.S. 16-3-107.
(b) The Commissioner is subject to the discovery provisions of this Section but neither the Commissioner nor any employee of the Division shall be required to disclose protected material, nor shall any of them be compelled to testify or give a deposition. Discovery sought from any employee of the Division initially shall be by written application to the Commissioner. If the Commissioner refuses to allow discovery in whole or in part, the aggrieved party may apply to the district court for the district in which the hearing is to be conducted for an order directed to the appropriate person to compel discovery.
(a) At least five (5) days before the hearing, the hearing officer shall conduct a pre-hearing conference to consider the matters specified in subsection (d) of this Section. All parties shall attend the conference. The hearing officer may require each party to submit a memorandum to address the matters specified in subsection (d) of this Section. The conference may be conducted by telephone conference call or other suitable means by which all persons who are part of the conference may actively participate in the conference and can be heard by all other persons who are part of the conference.
(b) The Commissioner, after consultation with the hearing officer, may delegate the responsibility for conducting the pre-hearing conference to the deputy banking commissioner, to division counsel or to such other employee of the Division as he may deem appropriate.
(c) The hearing officer shall give each party at least five (5) days' notice of the date, time and place for the pre-hearing conference.
(d) The following matters shall be considered at the pre-hearing conference:
(i) The names and addresses of witnesses whom each party intends to call to testify at the hearing, together with a detailed summary of the testimony expected from each witness;
(ii) The documentary evidence each party intends to introduce at the hearing;
(iii) The number, description, and purpose of all demonstrative exhibits each party intends to use at the hearing;
(iv) Material facts, if any, of which the Commissioner will be requested to take official notice pursuant to W.S. 16-3-108(d);
(v) Stipulations of fact and documentary evidence to be admitted into the record; and
(vi) Matters requiring consideration or submission to the Commissioner in executive session;
(vii) The length of time to be devoted to presentation of cases and delivery of opening and closing statements;
(viii) Any other matters that will simplify the issues or otherwise allow the hearing to be conducted more efficiently and quickly; and
(ix) A determination as to whether briefs are to be filed.
(e) At the hearing, the hearing shall admit into the record all facts, evidence and other matters to which the parties stipulated at the conference. The Commissioner also shall identify those matters of which he will take official notice.
(f) The hearing officer shall prepare an agenda that sets forth the order of business to come before him during the hearing, and the witnesses to be called, the documentary evidence to be introduced, and the exhibits to be used at the hearing. Before the hearing, the Commissioner shall provide a copy of the agenda to each party. The agenda will govern the order of business during the hearing unless modified by the Commissioner.
(g) The hearing officer shall exclude from the hearing on, and from the record of, an application any economic feasibility study and all testimony and other evidence derived from it, unless the party offering the study shall have, at least ten (10) days before the hearing, filed the study with the Commissioner and delivered a copy of the study to all other parties.
(a) Only parties may appear before the hearing officer at a hearing. Whether for himself or in a representative capacity, any individual may testify provided that he is called by a party or by the hearing officer.
(b) The hearing officer, in his discretion, may permit persons in attendance at the hearing to present oral comments at the conclusion of the hearing. The Commissioner and the parties may ask questions of any person who presents oral comments at the hearing.
(a) The hearing shall be open to the public. If a person disrupts a hearing or otherwise renders unfeasible the orderly conduct of the hearing, the Commissioner shall remove the person from the hearing and continue in session, or he may recess the hearing.
(b) At any time during the hearing, the Commissioner may adjourn and reconvene in executive session to consider protected material. Executive sessions of the hearing shall not be open to the public.
(a) The hearing shall be conducted substantially as follows:
(i) The hearing officer shall call the hearing to order and call the case to be heard;
(ii) The hearing officer shall address any motions or preliminary matters to be heard, including introduction of exhibits, stipulated facts and evidence, and matters to be noticed officially by the Commissioner;
(iii) The hearing officer shall administer to all witnesses an oath or affirmation in substantially the manner prescribed in W.S. 1-12-114;
(iv) Each party may make an opening statement, in the same order as evidence is to be presented, as set forth in this Section.
(v) The bank or the trust company shall present its case.
(vi) All other parties shall present their respective cases in the order prescribed by the Commissioner.
(vii) All parties shall be accorded a reasonable amount of time to cross-examine witnesses presented by another party.
(viii) All parties may present rebuttal evidence, if any, in the order and within the time limits prescribed by the hearing officer.
(ix) Each party may make a closing statement. Closing statements shall be made in the reverse order as cases were presented. The hearing officer shall determine the amount of time for each party to make its closing statement.
(b) The hearing officer may ask questions of any party or witness.
(a) The purpose of the hearing is to obtain a full and true disclosure of all relevant and material facts so that the findings, decisions and orders of the hearing officer are rendered upon information as complete and trustworthy as is practicable. Hearings are not intended to be adversarial in nature.
(b) The taking of evidence shall be governed by W.S. 16-3-108. Documentary and other physical evidence submitted for the Commissioner's consideration shall be marked as exhibits. Upon such marking, such evidence shall become part of the record.
(c) The hearing officer shall exercise reasonable control over the manner and order of questioning witnesses and presenting other evidence so as to:
(i) make more effective the ascertainment of the truth and a full and true disclosure of relevant and material facts;
(ii) avoid needless consumption of time;
(iii) avoid presentation of irrelevant, immaterial or unduly repetitious evidence;
(iv) avoid the public disclosure of protected material;
(v) protect the witness from harassment and undue embarrassment; and
(vi) maintain an orderly and efficient hearing.
(d) Cross-examination shall be limited to the subject matter of the direct examination and matters relating to the credibility of the witness. The hearing officer may permit additional inquiry into matters as if on direct examination.
(e) No relevant information shall be excluded solely because it is hearsay.
Upon reasonable notice to all parties, the hearing officer may reopen the hearing at any time prior to the issuance of his findings of fact, his conclusions of law and his decision and/or order relating to the hearing. To the extent possible, a reopened hearing shall be held in the same community and at the same location as the initial hearing.
(a) The record of the hearing shall include:
(i) all formal and informal notices, pleadings, motions and intermediate rulings;
(ii) evidence received or considered, including matters officially noticed;
(iii) questions and offers of proof, objections and rulings on the same; and (iv) any opinion, findings, conclusions, decision or order of the Commissioner.
(b) Portions of the record that contain evidence, testimony, deliberations or other matters presented in executive session shall be deemed to be matters described in W.S. 16-4-203(d) and in W.S. 9-1-512 and shall not be subject to public inspection.
The hearing shall be recorded verbatim steno graphically, or by court reporter, videotape, audiotape or any other means of verbatim recording as may be determined by the Commissioner.
A person may file written comments on an application with the Commissioner during the comment period. The respondent may respond in writing to any comments at any time before the conclusion of the hearing.
Each party may file with the Commissioner a brief on issues relevant to the hearing. Briefs must be filed within five (5) days after the hearing. Each brief shall become a part of the record. A party who files a brief shall serve a copy on all other parties. A party may file only (1) brief in connection with a hearing.
In any proceeding before the Commissioner:
(a) The parties have a right to submit proposed findings of fact and conclusions of law or a proposal for decision. The hearing officer shall set reasonable deadlines for submission of proposed findings of fact and conclusions of law.
(b) Proposed findings of fact submitted under this section must be supported by concise and explicit statements of underlying facts developed from the record with specific reference to where in the record the facts appear.
(c) The Commissioner may direct the hearing officer to write proposed findings of fact and conclusions of law. The Commissioner may also direct the hearing officer to write a recommended decision.
(d) All parties shall have an opportunity to file objections to proposed findings of fact and conclusions of law and orders submitted by any party or by the hearing officer.
(e) The hearing officer shall establish deadlines for the filing of proposed findings of fact and conclusions of law and orders.
(f) After the expiration of time for filing objections, the Commissioner shall consider the proposal for decision. The Commissioner may:
(i) adopt the proposal for decision, in whole or in part;
(ii) decline to adopt the proposal for decision, in whole or in part; or
(iii) direct the hearing officer to give further consideration to the proceeding with or without reopening the hearing.
(g) Parties shall be given an opportunity to file exceptions, replies and briefs in the event a decision is remanded for further consideration.
(h) If on remand additional evidence is received which results in a substantial revision of the proposal for decision, a new proposal for decision shall be prepared, unless the Commissioner, on remand, has heard the case or read the record. A new proposal for decision must be clearly labeled as such and all parties of record are entitled to file exceptions, replies and briefs.
Within sixty (60) days after the expiration of all periods within which an appeal of a final determination must be filed, the parties shall retrieve all exhibits. After that time, the Commissioner may dispose of any exhibits not so retrieved.