Wyo. Code R. 051-0001-7
General Agency, Board or Commission Rules
Chapter 7: Contests
Effective Date: 04/27/1981 to 11/12/2008
Rule Type: Superceded Rules & Regulations
Reference Number: 051.0001.7.04271981
Section 1. Authority. These rules are promulgated as authorized by Article XIX of the Wyoming Constitution and Sections 11-29 to 11-530, inclusive, and as modified and required by Sections 9-276.19 through 9-276.33, Wyoming Statutes 1957, as amended. (Effective January 31, 1967).
Section 2. Definitions. The following definitions shall prevail in these rules: "Board" - Wyoming Livestock Board, State of Wyoming. "Chairman" - The President of the Board.
Section 3. Contests. Contests may be initiated by a person (herein referred to as contestant) seeking hearing relative to any decision, order, ruling, or other action, taken by the Board, when such action, materially affects the rights of the contestant.
Section 4. Petitions. Any such contestant desiring to institute a contest must file with the Board, in its office at Cheyenne, Wyoming, a petition setting forth:
a. The name and address of contestant claiming or affected.
b. The legal description of land involved, if any.
c. A statement in ordinary, but concise, language of the facts on which the petition to contest is based, including reference to particular statutory law or rules involved, and any order entered by the Board.
d. A statement that the petition to contest is filed in good faith.
e. A request for a hearing on his petition.
f. The name and address of his attorney, if any.
Section 5. Filing of Petition. Any person, firm, company, corporation or association which may be aggrieved by any decision, order, ruling or other action taken by the Board must, within ten (10) days from and after receipt of formal notice of any such decision, order, ruling or other action received by registered or certified mail from the Board, file a petition in the office of the Board at Cheyenne, constituting an answer, protest and contest of any such decision, order, ruling or other action taken by the Board. No decision, order, ruling or other action taken by the Board shall be in force and effect until the period of time has run for the filing of said petition. In the event that such petition is not filed with the Board within a period ten (10) days from and after receipt of notice of any such decision, order, ruling or other action taken by the board, then and that event such action so taken shall be final.
Section 6. Docket. When a proceeding is instituted by the filing of a petition, the Clerk shall assign it a number and enter the proceeding, with the date of its filing, on a separate page of a docket provided for such purpose. The Clerk shall establish a separate file for each such 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 7. Form of Pleadings. The form of pleadings shall be substantially as follows:
STATE OF WYOMING
JOHN DOE, Contestant vs STATE OF WYOMING Contestee ) ) ) ) ) ) ) ) ) ) DOCKET NO. ______
STATE OF WYOMING COUNTY OF ______ ) ) ss. )
Contestant states:
1. 2. 3.
4. etc.
(Signature) Name typed or printed Contestant (Contestee)
(Signature) Name typed or printed Address Attorney for Contestant (Contestee)
Section 8. Default in Petitioning. In the event of the failure of the contestee to petition within the time allowed, the contestee shall be considered in default.
Section 9. Pre-Hearing Conference. At a time on or before the day of hearing in a contested case, the Board may direct the attorneys for the parties to appear before the Board to consider:
a. The simplification of the issues.
b. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof.
c. Such other matters as may aid in the disposition of the case. Such conference shall be conducted informally. A memorandum will be prepared which recites the action taken at the conference, agreements of the parties and limiting the issues to those not disposed 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 Board to prevent manifest injustice.
Section 10. Subpoenas. As authorized by Section 9-276.25 (d) Wyoming Statutes 1957, as amended, subpoenas for appearance and to produce books, papers or documents will be issued by the Chairman, upon written request.
Section 11. Hearing. After the issues shall have been made up the Chairman shall set a date for hearing before the Board and notify all parties in interest, of record, of the date and place of hearing, at least fifteen days prior to the date thereof, which notice may be given personally or by prepaid mail.
Section 12. 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 of the Board shall announce that the Board is open to transact business and call by Docket Number and Title the case to be heard.
b. The contestant will be allowed an opening statement to briefly explain his position to the Board and outline the evidence he proposes to offer, together with its purpose.
c. The contestant’s evidence will be heard. Witnesses may be cross-examined by contestees. Members of the Board may examine witnesses. Contestant’s offered exhibits will be marked by letters of the alphabet beginning with “A”.
d. The Board will be allowed an opening statement as in the case of contestant,
e. The Board’s evidence will be heard in the same manner as allowed contestants and contestee’s exhibits will be marked with numbers beginning with “1”.
f. The Chairman with the assistance of the Attorney General will introduce any evidence necessary on behalf of the Board.
g. The contestant may offer rebuttal evidence.
h. The Board may, in its discretion, allow evidence to be offered out of the order as herein prescribed.
i. Closing statements will be made in the following sequence:
(1) Contestant.
(3) Chairman, or other members of the Board.
The time for oral argument may be limited by the Chairman.
j. The Chairman may recess the hearing as required.
k. After all interested parties have been offered an opportunity to be heard, the Chairman shall excuse all witnesses and declare the evidence closed. The evidence of the case may be reopened at a later date, for good cause shown, by Order of the Board upon Motion of any party to the proceeding, the Chairman, or the Board itself.
l. Parties may tender briefs, or the Board may call for such briefs as may be desirable.
m. The Chairman may declare that the matter is being taken under advisement and that the decision and order of the Board will be announced at a later date.
Section 13. Witnesses at Hearings to be Sworn. All persons testifying at any hearing before the Board shall stand and be administered the following oath by a member of the Board: 'Do you swear (or affirm) to tell the truth, the whole truth and nothing but the truth in the matter now before the Board, so help you, God?'
Section 14. Applicable Rules of Civil Procedure to Apply. The rules of practice and procedure contained in the Rules of Civil Procedure of the State of Wyoming, insofar as the same may be applicable, and not inconsistent with the Laws of the State of Wyoming, shall apply in all contests before the Board. For the application of such rules, a secretary is designated as the Clerk of the Board, as in the relationship of a Clerk of Court to a Court.
Section 15. Attorneys. The filing of a pleading by an attorney constitutes his appearance for the party for whom the pleading is filed. The Board must be notified in writing of his withdrawal from any case. Any person appearing before the Board 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 rules shall not be construed to prohibit any person from representing himself in any hearing before the Board.
Section 16. Attorney General Present. In all contested matters before the Board, the Chairman shall request the Attorney General to be present, through himself or a member of his legal staff, to assist and advise the Board.
Section 17. Taking of Testimony - Reporter. Where oral testimony of witnesses is taken in a contested case before the Board, the testimony may be reported by a competent reporter. The compensation of the reporter, for such taking testimony, and transcript thereof, if necessary, shall be paid for in accordance with the order of the Board.
Section 18. Decision and Order. The Board shall make a written decision and order in all contested cases, which order and decision shall be filed by the Clerk in the file of the matter.
Section 19. Members of Board Present. No member of the Board shall vote upon a decision of the Board unless he shall have been present at the hearing or has read the transcript of the proceedings. The vote of the Board shall be shown in its decision.
Section 20. Appeals to District Court. Appeals to the District Court from decisions of the Board of County Commissioners are governed by Section 9-276.32, Wyoming Statutes 1957 (Laws 1965), and Rules 72 of the Rules of Civil Procedure promulgated by the Supreme Court of Wyoming.
Section 21. Transcript in Case of Appeal. In case of an appeal to the District Court, as provided in Rule 24, the party appealing shall secure and file a transcript of the testimony and other evidence offered at the hearing with the Board, which transcript must be verified by the oath of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case. The cost of making the transcript shall be paid by the party prosecuting such appeal.
Section 22. Amendment of Rules. Any amendments to these rules shall become effective as provided by Sections 9-276.21 and 9-276.22, Wyoming Statutes 1957, (Laws 1965).