Wyo. Code R. 044-0002-32
General Agency, Board or Commission Rules
Chapter 32: Practice & Procedure Before the Department of Insurance, State of WY
Effective Date: 12/31/1996 to 02/21/2018
Rule Type: Superceded Rules & Regulations
Reference Number: 044.0002.32.12311996
RULES OF PRACTICE AND PROCEDURE BEFORE THE DEPARTMENT OF INSURANCE, STATE OF WYOMING (Amended)
These rules are promulgated by authority of the Wyoming Insurance Code (particularly 26-2-108 through 26-2-111, W.S. 1977) and provisions of the Wyoming Administrative Procedure Act (16-3-101 et seq., W.S. 1977). These rules shall apply to contested cases as defined in the Administrative Procedure Act and to other formal proceedings before the Commissioner or as the Commissioner deems appropriate.
By reference, all of the definitions set forth and contained in the Wyoming Insurance Code and the Administrative Procedure Act are incorporated herein. For the purpose of hearings to be held hereunder, the following definitions shall prevail:
All contested case hearings shall be commenced by filing a written petition, complaint, notice or order or notice to show cause, wherein shall be alleged the acts or omissions of acts claimed in violation of the laws and statutes, or any of the lawful rules, regulations or order promulgated by the Commissioner thereunder and by authority thereof, or the notice to show cause pursuant to Section 26-2-126, W.S. 1977. All other matters which are to be brought to hearing pursuant to the Wyoming Insurance
Code, any other lawful rule, regulation, or order promulgated by the Commissioner thereunder and by authority thereof, shall be commenced by filing a Notice of Hearing setting forth the reasons and authority of said hearing and indicating the date, time, and place of said hearing.
The applicant desiring, or required by law, to institute a hearing shall prepare and file with the Department a petition, complaint, order, notice or notice to show cause setting forth:
(a) The name and address of each respondent.
(b) A statement, in ordinary and concise language of the facts upon which the petition, complaint, order or notice to show cause is based, including, whenever applicable, particular reference to the statute or statutes, or rules, regulations and orders that the applicant alleges have been violated.
Upon filing of a petition, complaint, order or notice the Department shall provide notice of the filing in conformity with the provisions of the Wyoming Administrative Procedure Act.
Notice may be served personally or by mail as provided by the Wyoming Administrative Procedure Act (16-3-107(a), W.S. 1977). Service by mail shall be deemed complete at the date of mailing.
In addition to the notice above provided, the Hearing Officer may, in his discretion, require additional notice to be given in such manner as he shall direct.
Unless otherwise provided for in the notice, order, complaint or petition, the respondent or respondents shall be allowed twenty (20) days from the date of such service of notice upon him or them in which time to file in the office of the Department an answer.
When a hearing is instituted, it shall be assigned a number and entered with the date of its filing on a separate page of a docket provided for such purpose. The Department shall establish a separate file for each such docketed case in which shall be systematically placed all papers, pleadings, documents, transcripts, evidence and exhibits pertaining thereto, and all such items shall have noted thereon the docket number assigned and the date of filing.
In the event of failure of any respondent to answer or otherwise appear within the time allowed, and provided that the foregoing rules as to service have been complied with, the respondent or respondents so failing to answer or otherwise plead or to appear, shall be deemed to be in default, and the allegations or statements of the complaint, petition, or order or notice to show cause may be taken as true and the Order of the Commissioner entered accordingly.
As authorized by Wyoming's Administrative Procedure Act and Insurance Code (16-3-107 and 26-2-123, W.S. 1977), subpoenas for appearance and to produce books, papers, documents or exhibits will be issued by the Hearing Officer upon written request of any party.
At the date, time and place of hearing as having been set down by the Hearing Officer, and in accordance with the notice given, the Hearing Officer shall hear all matters presented. All issues and matters enumerated and described in the pleadings given shall be presented by the applicant. Parties may be represented personally or by counsel, provided that such counsel be duly authorized to practice law in the State of Wyoming or is otherwise associated at the hearing with one or more attorneys authorized to practice law in this State.
Hearings shall be conducted in accordance with the following order of procedure unless otherwise modified by the Hearing Officer after notice to the parties:
(a) The Hearing Officer 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 shall note for the record all subpoenas issued and all appearances of record, including counsels of record.
(b) The applicant shall thereupon proceed to present his evidence. Witnesses may be cross-examined by the respondent or respondents. All exhibits offered by and on behalf of the applicant shall be marked by letters of the alphabet beginning with 'A'.
(c) The respondent or respondents shall, in the order of answers or appearances made, be heard in the same manner as the applicant's evidence, witnesses and exhibits have been heard and presented. Each respondent's exhibits shall be marked separately so as to identify the respective respondents and numbered commencing with the number '1'.
(d) Opening statements may be permitted and rebuttal evidence presented at the discretion and order of the Hearing Officer.
(e) Closing statements, at the conclusion of the presentation of evidence, may be made by the applicant and by each respondent. The time for oral argument may be limited by the Hearing Officer.
(f) After all proceedings have been concluded, the Hearing Officer shall dismiss and excuse all witnesses and declare the hearing closed. Any party who may wish or desire to tender written briefs of law and proposed findings of fact and conclusions of law and order to the Hearing Officer may do so.
All persons testifying at any hearing before the Hearing Officer shall stand and be administered the following by the Hearing Officer:
“Do you swear (or affirm) to tell the truth, the whole truth and nothing but the truth in this hearing ? So help you God.”
Pursuant to 1-2-103 W.S. 1977, persons conscientiously opposed to swearing or to taking any oath may affirm, and are subject to the penalties of perjury as in the case of swearing an oath.
The rules of practice and procedure contained in the Wyoming Rules of Civil Procedure, insofar as the same may be applicable and not inconsistent with these rules, lawful Department regulations, and the laws of the State of Wyoming, including the Wyoming Administrative Procedure Act, shall apply and be followed in hearings before the Hearing Officer.
The filing of an answer or other appearance by an attorney constitutes his appearance for the party for whom the pleadings is filed. Any person appearing before the Commissioner, or his designee, at a hearing in a representative capacity shall be precluded from examining or cross-examining any witness unless such representative shall be an attorney licensed to practice law in the State of Wyoming, or a non-resident attorney associated with a Wyoming attorney qualified to practice law in the State of Wyoming or a representative of the Department designated by the Commissioner. This rule shall not be construed to prohibit any person from representing himself in any hearing before the Commissioner, or his designee, but any such person appearing personally must abide by the Rules of Civil Procedure and the Rules of Evidence under the laws of the State of Wyoming so far as they are applicable under these rules and under the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq.
In all matters before the Commissioner, or his designee, the Commissioner may request the Attorney General of the State of Wyoming, or a representative of his staff, to be present to assist and advise the Commissioner, his designee, or the Department.
Hearings in all contested cases or as otherwise required by law, including all testimony, shall be reported or preserved, verbatim by any appropriate means determined by the Hearing Officer. The compensation of a reporter shall be paid by the party or parties requesting such reporter. If a transcript of testimony is required by the Hearing Officer, the cost thereof shall be paid by the Department, or as otherwise provided by law. The Hearing Officer may direct any party or parties to assume the cost of the transcript if transcribed at his or their request. This rule shall not be construed to prohibit any party in any public hearing from providing for a reporting or preservation of the proceedings thereof, provided the same is produced at his expense.
In all contested cases coming before the Commissioner, the taking of depositions and discovery shall be available to the parties pursuant to 16-3-107 W.S. 1977.
The Commissioner shall, following the full and complete hearing, make and enter a written decision and order containing Findings of Fact and Conclusions of Law. Such decision and order shall be filed with the Department and will, without further action, become the decision and order of the Commissioner. Forthwith upon entry and filing, the Department shall send a copy by prepaid mail to each party, or their attorneys of record.
(a) Should the Hearing Officer be other than the Commissioner, said Hearing Officer shall, immediately following the full and complete hearing, prepare and forward to the Commissioner recommended findings of fact and conclusions of law. If upon reviewing the recommended findings of fact and conclusions of law the Commissioner finds them to be sufficient to meet the requirements of the law, the Commissioner shall enter a decision and order adopting the same which shall then be distributed in accordance with this Section. If upon reviewing the recommended findings of fact and conclusions of law the Commissioner determines they are not sufficient to meet the requirements of the law, he may remand the matter for additional or more complete findings of fact and conclusions of law or for the purpose of additional hearing and taking of evidence.
Appeals to the district court from decisions of the Commissioner are governed by the Wyoming Administrative Procedure Act (16-3-114 and 16-3-115, W.S. 1977) and Rule 12 of the Wyoming Rules of Appellate Procedure.
In case of an appeal to the district court as above provided, the party appealing shall secure and file a transcript of the testimony and all other evidence offered at the hearing, which transcript must be verified by the oath of the person who transcribed the testimony as a true and correct transcript of the testimony and other evidence in the case. The compensation of said person for making the transcript of the testimony and all other costs involved in such appeal shall be borne by the party prosecuting such appeal.
Nothing in these rules shall be construed to prohibit the Commissioner from holding informal meetings or proceedings for the purpose of aiding the Commissioner in ascertaining and determining facts necessary for the performance of his duties.
Disrespectful, disorderly or contemptuous conduct, refusal to comply with directions, continued use of dilatory tactics, or refusal to adhere to reasonable standards of orderly and ethical conduct, at any pre-hearing or hearing, shall constitute grounds for immediate exclusion from the hearing or pre-hearing.
At any time on or before the day of any hearing, the Hearing Officer may direct the parties to appear before the Hearing Officer to consider:
Such conferences shall be conducted informally. An order 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 order will control the course of the hearing unless modified by the Hearing Officer to prevent manifest injustice.
If a party determines an order does not fully cover the issues presented, or is unclear, he may petition for a further ruling within ten days after receipt of the order.
Witnesses who are summoned before the Commissioner, or his appointed designee, are entitled to the same fees as are paid for like service in the district courts of the State of Wyoming. Costs shall be allowed as of course to the prevailing party unless the Hearing Officer otherwise directs; but costs against the State of Wyoming, its officers or agencies, shall be imposed only to the extent permitted by law.