Wyo. Code R. 029-0001-5
Effective Date: 10/06/2009 to 01/21/2014
Rule Type: Repealed Rules & Regulations
Reference Number: 029.0001.5.10062009
Section 1. Holding of Hearings. Public hearings shall be held by the Commission, for any of the purposes provided in W.S. 41-2-114 (b)(iii) and 41-2-115. Nothing contained in these rules shall be construed as prohibiting the Commission or the Director from holding informational proceedings, meetings or conferences deemed to be necessary in the performance of their duties.
(a) Membership Present. Each public hearing required by the law should be attended by at least one member of the Commission, unless the Commission determines that a greater number should be present. One member of the Commission shall be the presiding officer at such hearing. The Director or his designate may serve as the presiding officer if there are no Commissioners present. The Director or his designate(s) shall attend each hearing.
(b) Notice of Hearing. When the Commission has established an appropriate time and place for such a hearing, the Director shall arrange for a paid notice of the hearing to be published in a newspaper or newspapers of general circulation in the area affected by the water project to be considered at the hearing. Such notice shall contain sufficient detail to inform interested parties of the time, location and subject of the hearing, and shall be published not less than once each week for three weeks prior to the hearing.
(c) Conduct of Hearings. At the hearing, any person will be allowed to present evidence, comments or opinions. The hearing shall not be considered a contested case.
(i) The presiding officer shall announce that the hearing is open and call the proposed water project or other matter to be heard.
(ii) The Director or his designate(s) will present the details of the project involved or the matter for which the hearing was called.
(iii) The presiding officer may allow, in his discretion, testimony to be offered in any order.
(iv) Time for presentations may be limited by the presiding officer.
(v) The presiding officer may recess the hearing as required.
(vi) After all interested parties have been offered the opportunity to be heard, the presiding officer shall declare the hearings closed and excuse all witnesses or interested parties. The matter may be reopened at a later date, for good cause shown, by order of the presiding officer.
(vii) The presiding officer shall declare that the matter is taken under advisement and that the decision of the Commission will be announced at a later date.
(c) Legal Counsel. In all matters before the Commission, the Commission may request the Attorney General of the State of Wyoming or a representative of his staff to be present throughout the hearing.
(d) Reporting of Testimony. All hearings, including all testimony, shall be reported verbatim by a competent reporter or by an electronic recording. The compensation of the reporter shall be paid as required by law and as ordered by the Commission. If a transcript of testimony is required by the Commission, the cost thereof shall be paid by the Commission or as otherwise provided by law. The Commission may direct any party or parties to assume the cost of the transcript if transcribed at his or their request.
(e) Record of Hearing. The record of all hearings shall include all formal and informal notices; reported or recorded testimony and exhibits received or considered, including matters officially noticed; any other pertinent data; and the Commission’s recommendation to the Governor and the Legislature.
(f) Action on Water Projects. Within ninety (90) days after a public hearing on a water project, the Commission shall take action on the proposed water project and submit findings and recommendations to the Legislature, together with a draft of any proposed legislation.