Wyo. Code R. 029-0001-6
Effective Date: 11/12/1992 to 10/06/2009
Rule Type: Repealed Rules & Regulations
Reference Number: 029.0001.6.11121992
Section 1. Definitions. The following definitions, in addition to those set forth in Chapter I, Section 4, shall apply:
(a) 'Contestant' shall mean any person who initiates a contested case, defined by the Wyoming Administrative Procedure Act (W.S. 16-3-101 through 16-3-115, 1977) before the Commission.
(b) 'Contestee' shall mean the person or agency adverse to the petition of contestant or opposing said petition.
Section 2. Contested Cases. Contested cases shall be conducted in accordance with the provisions of the Wyoming Administrative Procedure Act (W.S. 16-3-101 through 16-3-115, 1977) and this chapter.
Section 3. Request for Hearing. Any contestant desiring a contested case hearing must file with the Secretary of the Commission, at the Commission office in Cheyenne, Wyoming, a written petition, setting forth the following:
(a) The name and address of the contestant and the name and address of his attorney, if any.
(b) The name and address of each contestee.
(c) A statement in ordinary, concise language of the facts on which the request is based, specifically stating the facts and dates involved, including reference to particular laws or rules involved, and the legal authority conferring jurisdiction on the Commission to conduct the requested contested case hearing.
(d) A request for a hearing.
Section 4. Time for Filing Request for Hearing. The petition for a hearing shall, if based upon a ruling, decision, or order of the Commission, be filed within thirty (30) days of the date of such ruling, decision or order unless otherwise provided by law, if based upon actions other than those by the Commission or its staff, such petition shall be filed within sixty (60) days of such action unless otherwise provided by law.
Section 5. Notice to Contestee. Within thirty (30) days after receipt of the petition, the Secretary shall serve a copy of such petition upon the Contestee, by certified mail with return receipt, personally, or as otherwise provided herein.
Section 6. Reply of Contestee. Contestee shall serve an answer or other response to the petition, by mailing a copy thereof to the contestant and by filing a copy of said answer or other response with the Secretary, at the Commission office in Cheyenne, within twenty (20) days of service of the petition on contestee, by the Secretary.
Section 7. Service of Petition. Service of the petition filed herein shall be deemed made as of the date of receipt, if mailed or as of the date of service in person. Service of all other documents shall be made and proved in the manner provided in Rule 5, W.R.C.P.
Section 8. Service by Publication. Service by publication may be approved by order of the Commission or the hearing officer for the reasons provided for service by publication in Rule 4, W.R.C.P. and in a manner consistent with that rule.
Section 9. Notice of Hearing. The Commission shall cause written notice of any hearing held under these rules to be served upon all parties at least twenty (20) days prior to the date set for the hearing. Such notice shall include a statement of:
(a) The time, place and nature of the hearing.
(b) The legal authority and jurisdiction under which the hearing is to be held.
(c) Such other matters as may be required by the Wyoming Administrative Procedures Act.
Section 10. Service of Notice. Service may be made by publication by order of the Commission or hearing officer or either personally or by certified or registered mail as follows:
(a) Personally: Said service, if made by Sheriff, or other official, shall be made in the manner prescribed by the Wyoming Rules of Civil Procedure. Said service may be made by any person, not an officer, who is of lawful age, and not a party in interest. The return of said service shall be made by certification of the officer who made such service, or if made by a person other than an officer, by his affidavit. Such return of service must be filed with the Commission prior to the commencement of the hearing.
(b) By certified or registered mail to the last known address of the party.
Section 11. Intervention. The Commission may permit a person who was not named in the petition to intervene in the contested case for good cause shown providing such intervention does not prejudice the rights of existing parties or unduly delay the proceedings.
Section 12. Docket. When a proceeding is instituted by the filing of a petition, the Secretary shall assign it a number and enter the proceedings, with the date of its filing, on a separate page of a docket provided for such purpose. The Secretary shall establish a separate file for each docketed case, in which shall be systematically placed, all papers, pleadings, documents, transcripts and evidence pertaining thereto and all such items shall have noted thereon, the docket number assigned, and the date of filing.
Section 13. Appointment of Hearing Officer. The Chairman may appoint another member of the Commission to preside as Hearing Officer. In such case, the word “chairman” when used in this chapter shall also mean “hearing officer”.
Section 14. Disposition of Case by Stipulation. Any case may be finally disposed of by stipulation, agreed settlement, consent, order or default of the parties, approved by the Commission. An appropriate order accordingly shall be entered in the case record.
Section 15. Continuance. For good cause shown, continuances and extensions of time may be granted or denied in the discretion of the Commission, provided that except where both parties agree, no continuance shall be granted which shall extend the time for hearing beyond the time in which such hearing must be held as provided by law.
Section 16. Pre-hearing Conference. At a time on or before the day of the hearing, the Chairman may direct the attorneys for the parties to appear before the Commission to consider
(a) The simplification of the issues.
(b) The necessity or desirability of amending the pleadings.
(c) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof.
(d) Such other matters as may aid in the disposition of the case. Such conferences shall be conducted informally. A memorandum will be prepared which recites the actions taken at the conference, amendments allowed, agreements of the parties and limitation of the issues to those undisposed of by admissions or agreements of counsel and the parties. The pre-hearing memorandum will control the course of the hearing unless modified by the Commission to prevent manifest injustice.
Section 17. Subpoenas. The Chairman or Secretary of the Commission, upon written application of any party or his attorney, shall issue a subpoena requiring the appearance of witnesses for the purpose of taking evidence or documents relevant or material to the inquiry, all subject to the provisions of Section 16-3-107, Wyoming Statutes, 1977.
Section 18. Order of Procedure at Hearing. As nearly as may be, hearings shall be conducted in accordance with the following order of procedure:
(a) The Chairman shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard and then the Chairman shall direct the reading into the record of the order or petition of the Commission, or other action involved in the petition, together with appearances in the form of answers or any other appearance made by any contestee, and shall note for the record all the subpoenas issued and all appearances of record, including contestees, and their counsels of record.
(b) The parties will be allowed opening statements to briefly explain their positions to the Commission and outline evidence they propose to offer, together with the purpose thereof.
(c) The Commission or the Director may make an opening statement.
(d) The parties' evidence will be heard. Witnesses may be cross-examined by the opposing party or his attorney and by members of the Commission and legal counsel for the Commission. The contestant's offered exhibits will be marked by letters of the alphabet, beginning with "A". The contestees' exhibits will be marked with numbers.
(e) The Chairman may introduce any evidence necessary on behalf of the Commission, and exhibits of the Commission will be marked with double letters of the alphabet, beginning with “AA”. Members of the Commission may examine witnesses. Witnesses may be cross-examined by the contestant and the attorney for any other party.
(f) Closing arguments will be made in the manner set by the Commission or the hearing officer.
(g) After all interested parties have been offered an opportunity to be heard, the Chairman shall declare the evidence closed and excuse all witnesses. The evidence of the case may be reopened at a later date, for good cause shown, by order of the Commission upon motion of any party to the proceeding, the Chairman, or the Commission itself.
(h) All parties as a matter of right shall be permitted to file a brief with the Commission. The Commission or hearing officer may prescribe the form and maximum length of any brief. At its discretion, the Commission or hearing officer may call for additional briefs as may be desirable.
Section 19. Witness at Hearings to be Sworn. All persons testifying at any hearing before the Commission shall stand and be administered the following oath or affirmation by a member of the Commission:
“Do you swear (or affirm) to tell the truth, the whole truth, and nothing but the truth in the matter now before the Commission, so help you God?”
No testimony will be received from a witness except under such oath or affirmation.
Section 20. Attorneys. The filing of a pleading or other appearance by an attorney constitutes his appearance for the party for whom made. The Commission must be notified in writing of his withdrawal from any matter. Any person appearing before the Commission at a hearing in a 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. This rule shall not be construed to prohibit any person from representing himself before the Commission.
Section 21. Attorney General to be Present. In all contested case hearings before the Commission, the Chairman shall request the Attorney General or a member of his staff to be present throughout the hearing to assist and advise the officer conducting the hearing.
Section 22. Taking of Testimony - Reporter. In all hearings, the proceedings, including all testimony, shall be reported verbatim, stenographically or by any other appropriate means determined by the Commission or the officer presiding at the hearing.
Section 23. Decisions, Findings of Fact, Conclusions of Law, Orders. The Commission, following a full and complete hearing, shall make and enter a written decision and order containing findings of fact and conclusions of law based upon the evidence, both testimonial and documentary, introduced and admitted during the course of the hearing. In addition, all matters which have been officially noticed by the Commission will be taken into consideration as a basis for making findings of fact and conclusions of law, separately stated. Such decision, findings of fact and conclusions of law, and the order shall be filed with the Secretary and will, without further action, become the decision, findings of fact, conclusions of law and order based upon the hearing. The Secretary shall upon receipt of any decision and order, send a copy to parties involved by certified mail, postage prepaid.
Section 24. Members of Commission Present. No member of the Commission shall vote upon a decision of the Commission unless he shall have been present at the hearing or has read the transcript of the proceedings. The vote of the Commission shall be shown in its decision, i.e., 10-0; 6-4; 6-0, 4 not participating, etc.
Section 25. Appeals to District Court. Appeals to the District Court from decisions of the Commission may be taken in the manner described by the Wyoming Administrative Procedures Act and the Wyoming Rules of Appellate Procedure.
Section 26. Standard of Conduct. Contemptuous conduct by any person appearing at a hearing shall be grounds for exclusion from the hearing by the hearing officer.