Wyo. Code R. 027-0002-2
Effective Date: 01/15/2020 to 02/02/2022
Rule Type: Superceded Rules & Regulations
Reference Number: 027.0002.2.01152020
Rules of Practice and Procedure for Contested Case Proceedings
Section 1. Authority. This Chapter is promulgated by the Commission under the authority of Wyoming Statutes 16-3-102(a)(i),(d), 21-15-114(a)(xv), 21-15-116(e) and 21-15-116(f).
Section 2. Application of Rules. This Chapter shall apply to contested case proceedings and informal reviews authorized by Wyoming Statutes and brought before the Commission by a properly aggrieved party.
(a) Districts may request an informal review before the Department or the Commission before pursuing a contested case review. The time period for filing a formal request shall be tolled for the period of time from the date of that request until the conclusion of the informal review.
(b) A district requesting an informal review shall do so, in writing, to the Director of the Department. The request shall contain:
(c) A decision or action of the Department shall be reviewed in the first instance by the Director. If the district is unsatisfied by the Director's review, it may ask that the decision be reviewed by the Commission.
(d) Informal reviews before the Department shall be held either at the Department's Cheyenne office, or, if agreeable to the district, via video or teleconference. The review shall be scheduled at the earliest convenience of the district and the Department, but in no event later than thirty (30) days after the request is made unless otherwise agreed to by both parties in writing.
(e) Informal reviews before the Department shall proceed as follows:
believes the Department acted in error; and
(iii) The Director shall issue his decision as soon thereafter as reasonably practicable. The Director shall confirm his decision in writing and outline the basis for that decision.
(f) If, following the Department’s review, the district is still unsatisfied with the actions of the Department it may request an informal review before the Commission.
(g) Informal reviews before the Commission shall be limited to the information presented during the Department’s review.
(h) Informal reviews before the Commission shall be scheduled by the Commission.
(i) If possible, the review shall be scheduled for the next regularly scheduled Commission meeting.
(ii) If the next regularly scheduled Commission meeting is not available, or, if the district and the Commission agree the next regularly scheduled meeting of the Commission is not practical, the Commission may call an emergency meeting to address the informal review.
(iii) The time allotted to the district’s presentation will not exceed one (1) hour, unless otherwise agreed to by the district and Commission.
(i) The Commission shall issue its decision as soon thereafter as reasonably practicable. The Chair shall follow up the decision in writing and outline the basis for that decision.
(a) A properly aggrieved party may file a timely request for a hearing with the Commission requesting a contested case proceeding. The request shall be in accordance with the provisions contained in this Chapter.
(b) The request shall be served on the Commission and other necessary parties. Service shall be made to the Wyoming School Facilities Commission, c/o State Construction Department, School Facilities Division, 700 West 21st Street, Cheyenne, Wyoming 82002. Service can be made in person, by mail or received by facsimile, 307-777-8711, during regular business hours. Any facsimile received after regular business hours will be treated as received during the regular business hours of the next working day.
(c) The request shall be filed with the Commission within forty-five (45) days of the date of the final administrative decision at issue, or of the date of mailing of the final administrative decision as evidenced by a postmark, whichever is later. The Commission may grant an exception in circumstances where good cause is shown.
(a) To initiate a contested case proceeding the aggrieved party shall prepare and file with the Commission a request which includes the following:
(i) The name, telephone number, fax number, if available, and mailing address of the aggrieved party and the same information for the representing attorney, if applicable;
(ii) A statement, in ordinary and concise language, of the facts and of the errors alleged to have been committed and issues upon which the request is based, including particular references to statutory sections, contract provisions or rules, regulations, policies, and orders involved;
(iii) A copy of the decision and relevant material which relates to the decision at issue;
(iv) The specific relief sought; and
(v) The signature of the aggrieved party and the representing attorney, if applicable.
The Commission incorporates by reference the following uniform rule:
(a) Chapter 2 – Contested Case Proceedings adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at https://rules.wyo.gov;
(i) The Commission has determined that incorporation of the full text in this rule would be cumbersome or inefficient given the length or nature of the rule;
(ii) The incorporation by reference does not include any later amendments or edition of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and
(iii) The incorporated rule is maintained at the Department office and is available for public inspection and copying at cost at the same location.
At the request of the Commission, the hearing officer shall make a recommended decision to the Commission. The Commission shall issue the final decision.