Fire Prevention & Electrical Safety, Dept. of

Council on Fire Prevention, Electrical Safety

Effective Date: 02/11/2008 to 02/21/2012

Rule Type: Superceded Rules & Regulations

Reference Number: 041.0002.6.02112008

CHAPTER VI

APPEAL PROCEDURES

Section 1. Authority.

These rules are promulgated by authority of W.S. 35-9-106 and W.S. 16-3-101 through 16-3-115.

Section 2. Definitions. The following definitions will apply under these rules:

1. (a) Complainant - the person or person's representative, bringing the complaint against the Department or its divisions.
2. (b) Department - Wyoming Department of Fire Prevention and Electrical Safety.
3. (c) Council - the Council on Fire Prevention; and Electrical Safety in Buildings "Council".
4. (d) Respondent - the Department of Fire Prevention and Electrical Safety "Department" or one of its divisions.

Section 3. Purpose.

These rules are established to provide a fair and efficient method for the Council to hear appeals to determine the suitability of alternate materials and types of construction and to interpret and grant variances from rules and regulations of the Council.

Section 4. Commencement of Action.

Commencement of Action shall be as follows:

1. (a) Any person aggrieved by an order or final action of the Department may appeal to the Council within 30 days.

2. (b) Any person, or his representative, may make a request to the Department, in writing, for a hearing. An Appeal Request Form will be provided by the Department upon request.

3. (c) The request shall contain at least:

4. (i) Name and address of Complainant;
5. (ii) Telephone contact number for Complainant;
6. (iii) Name of attorney or person who will be representing Complainant on the appeal before the Council;
7. (iv) Name and address of facility or installation involved, and:
8. (v) Issue for appeal, which must fall into at least one of the following categories, along with the attached materials specified below:
   1. 1. Determine suitability of alternate materials or types of construction: If the appeal concerns a determination, attach separate sheet(s) clearly detailing the specific materials to be used or methods used to achieve suitability of alternate materials or types of construction, including all test data, etc., necessary to substantiate the submittal, or;
   2. 1. Interpretation or variance of rules and regulations: If the appeal concerns an interpretation of or variance from the rules and regulations of the Council, attach separate sheet(s) detailing the section(s) of the rules and regulations for which the applicant is requesting the interpretation or variance along with any documentation substantiating or supporting the reasons and rationale for the request.
9. (d) The packet will be immediately forwarded to each Council member.
10. (e) The Council shall hold the requested hearing at the next regularly scheduled meeting.
11. (f) The appeal request shall be filed with the Department at least 5 days prior to the next regularly scheduled meeting.
12. (g) Upon the request of the Respondent or Complainant, at the discretion of the Council, a hearing may be held at an earlier time.

As nearly as practicable, the following order of procedure shall be followed:

1. The Council shall be present at the hearing and the Council Chairman shall act as presiding officer over the case.

2. The Council Chairman shall announce the hearing is open and call by title the case to be heard. The Council Chairman shall ask if parties are ready to proceed and will allow parties an opportunity to dispose of any preliminary matters.

3. The Council Chairman shall administer the oath to all witnesses who will present testimony.

4. The Council Chairman may, at their discretion, allow evidence to be heard in an order other than prescribed here and shift the burden of proof accordingly.

5. Opening statements will be made, Complainant first, then Respondent.

6. The Complainant presents its case including witness testimony. There shall be opportunity for cross-examination by Respondent. The Council may exercise the right to ask questions of witnesses as well.

7. The Respondent presents its case including witness testimony. There shall be opportunity for cross-examination by Complainant. The Council may exercise the right to ask questions of witnesses as well.

8. Closing statements will be made, Complainant first, then Respondent, then the Complainant in rebuttal.

9. The Council Chairman may limit the time for opening and closing statements.

10. The Council Chairman may recess the proceedings as appropriate.

11. After all parties have had an opportunity to be heard, the Council Chairman shall excuse all witnesses and close the evidence.

12. All deliberations will be done in an open meeting.

Section 6. Decision.

The Council will issue the final written decision within 30 days. The decision will consist of findings of fact and conclusions of law and the appropriate order, relief or denial thereof.

Section 7. Informal Disposition.

Settlement of an appeal by any informal means (i.e. stipulation, agreed settlement or consent order) shall be allowed at any time, unless precluded by law. Such settlements shall be in writing by both parties and included as a part of the record. The Council shall enter an order dismissing the hearing proceeding upon such settlement, and such order shall be considered the final order.