Wyo. Code R. 053-0018-16
Chapter 16: Enjoining & Assessing Employers Pursuant to W.S. 27-3-502(f)
Effective Date: 03/20/2007 to Current
Rule Type: Current Rules & Regulations
Reference Number: 053.0018.16.03202007
Section 1. When to Utilize Procedure. When the division staff has a reasonable suspicion that an employer has failed to comply with W.S. 27-3-502(f), 27-3-510(c) or (d), it may issue a notice to that effect and schedule a hearing for the purpose of determining whether the employing unit should be enjoined from engaging in business subject to the Wyoming Employment Security Law and assessed up to three times the delinquent contributions as provided by W.S. 27-3-502(f).
Section 2. Notice of Hearing. Such notice shall state the time, place, and purpose of the hearing. It may be mailed to the alleged non-complying employer by ordinary, certified, or registered mail, served on him in the manner provided by law for service of a summons and complaint in a civil action in court, or delivered to the employer or his agent by an authorized representative of the division.
Section 3. Conduct of Hearing. The hearing on enjoining an employer shall be held under the Wyoming Administrative Procedure Act, W.S. 16-3-101, et seq., and shall be conducted by the division's appeals examiner or other appropriate personnel designated by the division.
Section 4. Decision. After the hearing, the appeals examiner will issue a decision enjoining the employer and assessing delinquent contributions, or declining to do so. If the alleged employer or employing unit fails to appear at the hearing after notice as provided in Section 2, or cooperate in the discovery process, that may be considered as a default by the examiner and he may issue a decision enjoining the employer and assessing delinquent contributions. The examiner shall send the decision by certified mail to the address of record of the alleged employer.
Section 5. Appeal. An employer who is dissatisfied with the examiner's decision or action, may file an appeal from same within twenty days after the examiner's decision is mailed; otherwise, the examiner's decision is final. If an appeal is filed, the commission will review the record and evidence taken at the examiner hearing. The alleged employer will be notified by ordinary mail and given the opportunity to appear at the hearing conducted by the commission to review the examiner's decision. The commission will issue a decision which will affirm, reverse, or modify the examiner's decision, or, if necessary in the commission's option, may remand the case to the examiner for the taking of additional evidence. Such decision shall be sent to the address of record of the alleged employer by certified mail. The employer may seek further
review in the district court or Wyoming Supreme Court pursuant to the Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.
Section 6. Subsequent Compliance. If, after being so enjoined, the employer subsequently complies with W.S. 27-3-502(f) and 27-3-510(c) and (d), the division may dissolve the injunction. If the staff and the employer do not agree on whether he has so complied, the employer shall be given an opportunity for a hearing with rights of appeal as provided in this chapter; provided, however, that such hearing shall involve only the issue of subsequent compliance, not whether the original injunction or assessment should have been issued.