Transportation, Dept. of

General Agency, Board or Commission Rules

Chapter 3: Appeals and Hearings

Effective Date: 11/16/2015 to Current

Rule Type: Current Rules & Regulations

Reference Number: 045.0003.3.11162015

Wyoming Department of Transportation

Appeals and Hearings

CHAPTER 3

Section 1. Authority.

These rules are promulgated, authorized, and required by W. S. 16-3-102(a) and W.S. 24-2-105.

Section 2. Purpose.

The purpose of this chapter is to establish a system by which interested persons may appeal the decisions of the Wyoming Department of Transportation (WYDOT) and to provide standards of conduct for all contested case hearings, except as otherwise provided by law.

Section 3. Contested Case Proceedings.

(a) Any party notified by WYDOT of a decision that adversely affects that party shall be entitled to a hearing before a hearing officer designated by WYDOT if the party requests a hearing in writing within 30 days from the date the notice is received.

(b) The uniform rules for contested case practice and procedure adopted by the Office of Administrative Hearings shall govern all contested case proceedings.

Section 4. Incorporation by Reference.

(a) Any code, standard, rule, or regulation incorporated by reference does not include any later amendments or editions of the incorporated matter beyond the applicable data identified in subsection (b) of this section.

(b) The following code, standard, rule, or regulation is incorporated by reference: Chapter 2, Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on October 17, 2014. The incorporated material may be found at the following: http://soswy.state.wy.us/Rules/RULES/9644.pdf.

Section 5. Informal Hearings.

(a) Any party entitled to a contested case hearing in a matter involving WYDOT may waive rights to a formal hearing and may request an informal hearing before the Transportation Commission of Wyoming or a Commission-appointed individual or panel. Such request shall be filed in writing with the Secretary of the Transportation Commission of Wyoming, Wyoming Department of Transportation, 5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340.

(b) At all informal hearings, records of the proceedings shall be made to include all documentary evidence submitted by any party. WYDOT shall prepare findings of fact and conclusions of law and submit them to the Transportation Commission of Wyoming for consideration.