Wyo. Code R. 023-0002-2
Effective Date: 11/08/2024 to Current
Rule Type: Current Rules & Regulations
Reference Number: 023.0002.2.11082024
(a) These Rules are promulgated by authority of Wyoming Statute § 16-3-102(d). These Rules shall govern all contested case proceedings before all agencies to the extent they are adopted, and shall be relied upon by hearing officers, adjudicative agencies and parties in all contested cases before any agency. Agencies may develop forms not inconsistent with these Rules.
(b) Except as specified below, the Uniform Rules for Contested Case Practice and Procedure have been adopted by the Commission and are re-stated here for ease of those appearing before the Commission.
(i) Sections not adopted:
(ii) Sections replaced:
(iii) Sections added:
Section 2. Definitions. The following definitions shall apply to this Chapter:
(a) “Adjudicative agency” means an agency authorized to conduct and preside over its contested cases;
(b) “Agency” means any authority, bureau, board, commission, department, division of the state, or other entities that are statutorily authorized to refer cases to the Office;
(c) “Attorney” means an attorney licensed to practice law in the State of Wyoming or, an attorney who is licensed to practice law in another state and who is associated with an attorney licensed to practice law in the State of Wyoming;
(d) “Contested case” means a proceeding in which legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing;
(e) “Hearing officer” means a hearing examiner from the Office, a presiding officer of any agency, an attorney who has been retained by an agency to preside over a contested case, an officer of any agency who has been designated to preside over a contested case, or any other person who is statutorily authorized to preside over a contested case;
(f) “Hearing panel” means those members of an agency or adjudicative agency who are designated and authorized to make a final decision in a contested case;
(g) “Office” means the Office of Administrative Hearings;
(h) “Referring agency” means any agency which has referred a contested case for hearing before the Office or before another hearing officer;
(i) “Representative” means an individual other than an attorney who is authorized to function in a representative capacity on behalf of a party to a contested case; and
(j) “Wyoming Administrative Procedure Act” means Wyoming Statute §§ 16-3-101 through -115.
(a) The code, standard, rule or regulation below is incorporated by reference and can be found at: https://www.courts.state.wy.us/court_rule/wyoming-rules-of-civil-procedure/.
(i) Rule 12(b)(6), Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;
(ii) Rule 24, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;
(iii) Rule 25, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;
(iv) Rule 45, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;
(v) Rule 56, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;
(vi) Rule 56.1, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;
(b) No later amendments to a code, standard, rule or regulation listed in subsection (a) of this section are incorporated by reference.
Not adopted.
(a) A contested case shall be commenced by filing a timely request for a hearing of any agency action or inaction, or the filing of an application, petition, complaint or other document which, as a matter of law, entitles the petitioner, applicant, complainant, or respondent an opportunity to be heard.
(b) At the commencement of every contested case, an agency or hearing officer shall issue a notice of hearing including a statement of:
(iv) a short and plain statement of the matters asserted. If the agency or hearing officer is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved and, thereafter, upon application, a more definite and detailed statement shall be furnished.
Not adopted.
When an agency refers a contested case to a hearing officer other than the Office or when an adjudicative agency retains a contested case, the agency shall comply with any referral requirements of that hearing officer or adjudicative agency.
(a) Any agency may refer, assign, or designate a hearing officer to preside over any contested case, unless otherwise provided by law. When appropriate under applicable law or at the referring agency's request, the hearing officer may provide either a recommended or final decision.
(b) Upon referral for contested case by a referring agency that will not be present for the hearing, a hearing officer shall conduct a contested case and may enter proposed findings of fact and conclusions of law or may provide a complete record of the contested case to the referring agency for entry of a final decision.
(c) At any time while a contested case is pending, a hearing officer or hearing panel member may withdraw from a contested case by filing electronic notice of recusal. From and after the date the electronic notice of recusal is entered, the recused hearing officer or hearing panel member shall not participate in the contested case.
(d) Upon motion of any party, recusal of a hearing officer or hearing panel member shall be for cause. Whenever the grounds for such motion become known, any party may move for a recusal of a hearing officer or hearing panel member on the ground that the hearing officer or hearing panel member:
(i) has been engaged as counsel in the action prior to being appointed as hearing officer or hearing panel member;
(ii) has an interest in the outcome of the action;
(iii) is related by consanguinity to a party;
(iv) is a material witness in the action;
(v) is biased or prejudiced against the party or the party's attorney or representative; or
(vi) any other grounds provided by law.
(e) A motion for recusal shall be supported by an affidavit or affidavits of any person or persons, stating sufficient facts to show the existence of grounds for the motion. Prior to a hearing on the motion, any party may file counter-affidavits. The motion shall be heard by the hearing officer or, at the discretion of the hearing officer, by another hearing officer. If the motion is granted, the hearing officer shall immediately designate another hearing officer to preside over the contested case or shall excuse the hearing panel member(s).
(f) A hearing officer shall not be subject to a voir dire examination by any party.
(g) Subject to limitations imposed by the hearing officer, any party may be permitted to conduct a voir dire examination of a hearing panel.
(a) A party, whether it be an individual, corporation, partnership, governmental organization or other entity may appear through an attorney or representative. An individual may represent himself/herself. An individual or entity seeking to intervene in a contested case under Rule 24 of the Wyoming Rules of Civil Procedure, may appear through an attorney or representative prior to a ruling on the motion to intervene.
(b) Prior to withdrawing from a contested case, an attorney shall file a motion to withdraw. The motion for an attorney's withdrawal shall include a statement indicating the manner in which notification was given to the client and setting forth the client's last known address and telephone number. The hearing officer shall not grant the motion to withdraw unless the attorney has made reasonable efforts to give actual notice to the client that:
(i) the attorney wishes to withdraw;
(ii) the client has the burden of keeping the hearing officer informed of the address where notices, pleadings or other electronic documents may be served;
(iii) the client has the obligation to prepare, or to hire another attorney or representative to prepare, for the contested case and the dates of proceedings;
(iv) the client may suffer an adverse determination in the contested case if the client fails or refuses to meet these burdens;
(v) the pleadings and electronic documents in the case shall be served upon the client at the client's last known address; and
(vi) the client has the right to object within 15 days of the date of notice.
(c) Prior to withdrawing from a contested case, a representative shall provide electronic notice of withdrawal to the hearing officer and the agency.
Except as authorized by law, a party or a party's attorney or representative shall not communicate with the hearing officer or hearing panel member in connection with any issue of fact or law concerning any pending contested case, except upon notice and opportunity for all parties to participate. Should ex parte communication occur, the hearing officer or hearing panel member shall advise all parties of the communication as soon as possible thereafter and, if requested, shall allow any party an opportunity to respond prior to ruling on the issue.
(a) In all contested cases, the parties shall file all documents, pleadings and motions electronically with the referring agency or adjudicative agency, as applicable, with true and correct electronic copies of the particular document(s), pleading or motion properly served on all other parties, accompanied by an electronic certificate of service. The referring agency or adjudicative agency shall maintain the complete original electronic file, and all parties shall be provided electronic copies of all contested case documents, pleadings and motions contained therein.
(b) Unless otherwise ordered, all filings with the Commission shall be made electronically as provided on the Commission's website. All filings shall:
(i) Be addressed to the Commission; (ii) Designate the Commission docket number if known; (iii) State the name, address and telephone number of the party; (iv) Be typed, with 1 inch margins;
(v) Be signed by either an authorized signatory of a party or an attorney licensed to practice law in the State of Wyoming; and.
(vii) Be in searchable PDF or Excel format.
(c) The Commission may reject the filing if the Commission determines it to be deficient.
(d) Any filing received after 5 p.m. MT shall be deemed made on the next business day.
(e) Amendments that materially or substantially alter the initial filing may be re-noticed under W.A.P.A. The receipt of the renoticed amended filing will be considered the initial filing date.
(f) All filing fees must be received within three (3) days of filing unless otherwise approved by the Agency.
(a) In computing any period of time prescribed or allowed by these Rules, by order or by any applicable statutes or regulations, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, or, when the act to be done is a filing, a day on which weather or other conditions have made agency offices inaccessible, in which event the period runs until the end of the following day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. As used in this Rule, “legal holiday” includes any day officially recognized as a legal holiday in this state by designation of the legislature or appointment as a holiday by the governor.
(b) Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other document upon the party, such notice or other document shall be served upon the party electronically; however, if the notice or other document is served upon the party by mail or by delivery to the agency for service, three days shall be added to the prescribed period.
(a) Unless these Rules or an order of the hearing officer establish time limitations other than those contained herein, all motions except motions for enlargement of time and motions made during hearing, shall be served at least 10 days before the hearing on the motion. A party affected by the motion may serve a response, together with affidavits, if any, at least three days prior to the hearing on the motion or within 20 days after service of the motion, whichever is earlier. Unless the hearing officer permits service at some other time, the moving party may serve a reply, if any, at least one day prior to the hearing on the motion or within 15 days after service of the response, whichever is earlier. Unless the hearing officer otherwise orders, any party may serve supplemental memoranda or rebuttal affidavits at least one day prior to the hearing on the motion.
(b) A request for hearing may be served by the moving party or any party affected by the motion within 20 days after service of the motion. The hearing officer may determine such motion without a hearing.
(a) The hearing officer or adjudicative agency, as applicable, shall assign a docket number to each contested case. All filings, pleadings, motions and orders filed thereafter shall contain:
(i) a conspicuous reference to the assigned docket number;
(ii) a caption setting forth the title of the contested case and a brief designation describing the document filed; and
(iii) the name, address, telephone number and signature of the person who prepared the document.
(b) The hearing officer shall set the course of proceedings, which may include, but is not limited to, scheduling informal conferences, confidentiality issues, summary disposition deadlines, motion practice, settlement conferences and the evidentiary hearing.
(c) Prehearing conferences may be held at the discretion of the hearing officer. Any party may request a prehearing conference to address issues such as discovery, motion deadlines, scheduling orders or status conferences.
(d) At the hearing officer's discretion, and unless otherwise provided by the referring agency, telephone or videoconference calls may be used to conduct any proceeding. At the discretion of the hearing officer, parties or their witnesses may be allowed to participate in any hearing by telephone or videoconference.
(e) The hearing officer shall determine the location for proceedings.
A party may seek consolidation of two or more contested cases by filing a motion to consolidate in each case sought to be consolidated. If consolidation is ordered, and unless otherwise ordered by the hearing officer, all subsequent filings shall be in the case first filed, and all previous filings related to the consolidated cases shall be placed together under that case number. Consolidation may be ordered on a hearing officer's own motion.
(a) A motion for a continuance of any scheduled hearing shall be in writing and filed electronically, state the reasons for the motion, and be filed and served on all parties and the hearing officer. A request for a continuance filed less than five days before a scheduled hearing shall be granted only upon a showing of good cause.
(b) A motion for an extension of time for performing any act prescribed or allowed by these Rules or by order of the hearing officer shall be filed and served on all parties and the hearing officer prior to the expiration of the applicable time period. A motion for extension of time shall be granted only upon a showing of good cause.
(c) A moving party shall make reasonable efforts to contact all parties, representatives, and attorneys before filing a motion for continuance or extension of time. A motion for continuance or extension of time shall include a statement concerning efforts made to confer with the other party(s) and position(s) on the motion.
(d) Continuances relating to mediation shall be made no later than 30 days prior to the date of the hearing.
(a) The taking of depositions and discovery shall be in accordance with Wyoming Statute § 16-3-107(g).
(b) Unless the hearing officer or adjudicative agency orders otherwise, parties shall not file discovery requests, answers, and deposition notices with the hearing officer or adjudicative agency.
Any party may request the hearing officer to issue a subpoena to compel the attendance of a witness or for the production of documents. Requests for the issuance of a subpoena shall be accompanied by a completed subpoena, which shall conform to Rule 45 of the Wyoming Rules of Civil Procedure.
Not adopted.
The Commission or presiding officer may direct the attorneys for the parties and any unrepresented parties to appear for a conference or conferences before a hearing in accordance with W.R.C.P. Rule 16.
The hearing officer shall assign the burden of proof in accordance with applicable law.
(a) The hearing officer shall rule on the admissibility of evidence in accordance with the following:
(i) Evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.
(ii) Evidence may be offered through witness testimony or in documentary form;
(iii) Hearings shall generally be conducted as follows:
(A) The presiding officer may allow into evidence, after appropriate filing and service, the written testimony filed electronically of a witness in question and answer form. The testimony shall have line numbers inserted at the left margin and shall be authenticated by affidavit of the witness. If admitted, the testimony shall be marked and incorporated into the record as existing without being read into the record. Parties shall have full opportunity to cross-examine the witness on the testimony. The presiding officer may require additional written testimony filed electronically during the pendency of a case;
(iv) The rules of privilege recognized by Wyoming law shall be given effect; and
(v) A hearing officer may take administrative notice of judicially cognizable facts, provided the parties are properly notified of any material facts noticed.
(b) Each party shall have the opportunity to cross-examine witnesses. The hearing officer may allow cross-examination on matters not covered on direct examination.
(c) The hearing officer, the hearing panel, agency staff or other persons delegated to do so by the hearing officer or hearing panel, when applicable, may ask questions of any party or witness.
(a) The hearing officer shall conduct the contested case and shall have discretion to direct the order of the proceedings.
(b) Unless otherwise provided by law, and at the hearing officer’s discretion, the party with the burden of proof shall be the first to present evidence. All other parties shall be allowed to cross-examine witnesses in an orderly fashion. When that party rests, other parties shall then be allowed to present their evidence. Rebuttal and surrebuttal evidence shall be allowed only at the discretion of the hearing officer.
(c) The hearing officer shall have discretion to allow opening statements and closing arguments.
Unless otherwise provided by law, a hearing officer may enter an order of default or an order affirming agency action for a party’s failure to appear at a lawfully noticed hearing.
Any matter may be disposed of by stipulation, settlement or consent order upon approval of the Commission.
(a) At the hearing officer’s or hearing panel’s discretion, a contested case may be heard as an expedited hearing upon the motion of any party. Expedited hearings may include summary suspensions under Wyoming Statute § 16-3-113(c) and other emergency proceedings authorized by law.
(b) An expedited hearing shall be decided on written arguments, evidence, and stipulations submitted by the parties. A hearing officer or hearing panel may permit oral arguments upon the request of any party.
(c) The hearing officer or hearing panel may require an evidentiary hearing in any case in which it appears that facts material to a decision in the case cannot be properly determined by an expedited hearing.
In those contested cases where the hearing officer makes a recommended decision, the hearing officer shall file the recommended decision with the referring agency and serve the recommended decision on all parties to the contested case via electronic document(s). Unless otherwise ordered, parties shall have ten days to file written exceptions to the hearing officer's recommended decision. Written exceptions shall be filed electronically with the referring agency and served on all parties.
(a) A final decision entered by a hearing officer or adjudicative agency shall be in writing, filed with the referring agency and electronically served upon all parties to the contested case. A final decision entered by the referring agency or adjudicative agency shall be served upon all parties and the hearing officer.
(b) A final decision shall include findings of fact and conclusions of law, separately stated. When the hearing officer allows the parties to submit a proposed final order, the parties shall electronically file the original with the agency and electronically serve the proposed order on all other parties and the hearing officer.
(c) A hearing officer or adjudicative agency may at any time prior to judicial review, correct clerical errors in final decisions or other parts of the record. A party may move that clerical errors or other parts of the record be corrected. During the pendency of judicial review, such errors may be corrected only with leave of the court having jurisdiction.
The referring agency or adjudicative agency shall make appropriate arrangements to assure that a record of the proceeding is kept pursuant to Wyoming Statute § 16-3-107(o) and (p). Copies of the transcript taken at any hearing may be obtained by any party, interested person, or entity from the court reporter taking the testimony at such fee as the reporter may charge.
(a) Upon petition, and for good cause shown, the Commission shall deem confidential any information filed with the Commission or in the custody of the Commission or staff which is shown to be of the nature described in Wyoming Statute §16-4-203(a), (b), (d) or (g). All information for which confidential treatment is requested shall be treated as confidential until the Commission rules whether, and to what extent, the information shall be given confidential treatment.
(b) Any person requesting confidential treatment of information (except as directed by the Commission in investigative and discovery matters) shall file a petition that includes the following information:
(i) The assigned docket, if applicable.
(ii) Title the filing as: Petition for Confidential Treatment of __________.
(iii) Numbered listings and explanations in adequate detail to support why confidentiality should be authorized for each item, category, page, document or testimony. Each item, category or page of proposed confidential information shall be attached to the Petition and numbered in the right hand margin so that numbering corresponds with the numbering and detailed explanation(s) in the Petition. If only part of a page, or intermittent parts of pages, are requested to be kept confidential, these should be set off by brackets identified with an item number or numbers. Each page containing information for which confidential treatment is requested shall be electronically displayed on a yellow background and marked or stamped at the top in capital letters: CONFIDENTIAL INFORMATION.
(iv) A request for return or other final disposition of the information.
(c) All information deemed confidential under this Rule shall be retained in secure areas of the Commission’s offices.
(d) If the person petitioning for confidential treatment of information intends that parties in a case have access thereto, upon signing a statement that the information shall be treated as confidential, the petitioner shall prepare a proposed protective order for the Commission’s approval with an attached form to be signed by the parties and made part of the Commission’s permanent case file.
(e) Information in the Commission’s confidential files shall be retained for the period determined by the Commission. On an appeal of a Commission final order, any confidential information included in the record shall be sealed and delivered to the court pursuant to the W.A.P.A.
(f) The Commission may consider oral petitions for confidential treatment of information when the public interest requires.
(a) All deliberations of the Commission shall be held in public in accordance with Wyoming law.
(b) Upon reaching its decision, the Commission shall direct the drafting of an order, which upon signature of at least two Commissioners, shall become a final order. Dissenting or concurring opinions may be filed with the final order.