Wyo. Code R. 053-0018-28
Effective Date: 10/28/1994 to 06/20/1996
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0018.28.10281994
Agency EMPLOYMENT Employment, Dept. of Program UNEMPLINS Unemployment Insurance Division Chapter Name Rehearings Chapter No.28 Date Filed 07/27/93 Expr Date Supr Date Repeal Date Document Type RULES
Section 1. Proceedings Covered. A party to a contested case and the Division staff may apply to the examiner for rehearing of a case before the appeals examiner or to the Commission for rehearing of a case before the Commission in accordance with the following rules.
(a) An individual desiring rehearing or reopening of a case before the appeals examiner must file a written application to do so with the examiner no later than fifteen (15) days after the mailing of the examiner decision to his address of record. If good cause is shown for failing to appear at the examiner hearing, the examiner may rehear or reopen the matter. The rehearing may be held solely for the purpose of taking the absent party's evidence without granting him the right to cross-examine opposing witnesses who testified at the first hearing.
(b) If the examiner denies the request to reopen or rehear, he shall issue a written decision to that effect. The aggrieved party shall have fifteen (15) days from the date that decision was mailed to his address of record to file an appeal to the Commission pursuant to W.S. 27-3-404.
(c) The examiner may also reopen a case before him on his own motion any time before issuing his decision.
Section 3. Commission Decisions. If the Division staff or another party to a case decided by the Commission desires to have the Commission reconsider or rehear the matter, he must file a petition for rehearing or reconsideration within thirty days of the mailing of the Commission decision to him. Said petition shall be in writing and state the grounds for reconsideration. The petition for reconsideration shall be considered first by the Unemployment Insurance Administrator without a hearing. If he decides that reconsideration is appropriate, he shall have the matter set for reconsideration at a Commission meeting. If he decides that reconsideration is not appropriate, he shall notify the parties of that decision, and this will be the final agency decision on the matter.