Wyo. Code R. 053-0018-31
Effective Date: 04/25/2014 to Current
Rule Type: Current Rules & Regulations
Reference Number: 053.0018.31.04252014
Section 1. Hearings by Telephone. Evidentiary hearings before an appeals examiner or appeal tribunal may be conducted by telephone in whole or part in the discretion of the appeal tribunal or examiner. All or part of the witnesses or parties may appear and testify, and the parties may cross-examine, present arguments and otherwise participate in the hearing by telephone. If a party to the examiner hearing objects to a telephone hearing within five days of the mailing of the notice, the examiner will schedule an in-person hearing at a time and place to be determined at the discretion of the examiner. The examiner, in his discretion, may allow a witness to appear by telephone in an in-person hearing if:
Section 2. Recording of Hearings. Evidentiary hearings before an appeal tribunal or examiner shall be recorded on tape or recorded by other appropriate means in the discretion of the examiner or appeal tribunal. If necessary to pursue an appeal, the division may provide a party a copy of the tape of such hearing within a reasonable time after the party requests it. Recordings of examiner hearings are subject to being erased or purged three months after the final time limit to appeal the decision has passed and no further appeal has been filed.
Section 3. Scheduling and Notice of Hearings. Upon the scheduling of a hearing on an appeal at a time and place reasonably convenient for the parties, notices of hearing shall be mailed to the claimant and other parties interested in the decision of the deputy which is being appealed. Said notices shall specify the place and time of hearing, and shall also be mailed, to the claimant and other parties interested in the decision being appealed, at least ten (10) days before the date of hearing, unless otherwise agreed upon by the parties. Bifurcated (two part) hearings may be held at the discretion of the examiner.
Section 4. Hearing Procedure. All hearings shall be conducted informally by the examiner in charge and in such manner as to ascertain the substantial rights of the parties. All issues relevant to the appeal shall be considered and passed upon. Any party to an appeal before an appeals examiner may present such evidence as may be pertinent.
The members of an appeal tribunal or examiner may examine and cross-examine any party and his witness.
Section 5. Stipulations to Facts. The parties to an appeal, with the consent of the person conducting the hearing, may stipulate the facts involved in writing. The examiner or appeal tribunal may decide the appeal on the basis of such stipulation or, in its discretion, may set the appeal for hearing and take such further evidence as it deems necessary to enable it to determine the appeal.
Section 6. Failure to Appear at Examiner or Appeal Tribunal Hearing. If any party fails to appear at the hearing, the examiner or chairman of the appeal tribunal shall proceed to make his decision on the appeal, unless it appears to the satisfaction of the examiner or chairman of the appeal tribunal that there is good cause for a continuance. If an appellant fails to appear at a hearing or respond to a notice of a telephone hearing, that shall be grounds for affirming the prior decision without taking evidence, and shall be considered a default.
(a) An appeal of a commission action or decision must be in writing. Such appeal should convey the idea that the person wants to appeal, the action or decision he wants to appeal, and the grounds for the appeal. The commission may disregard any purported 'appeal' not complying with this subsection.
(b) Upon receipt of such a written appeal, the commission may affirm, modify, or reverse the decision of the appeal tribunal on the basis of the evidence previously submitted or may direct that additional evidence be taken.
(c) Commission hearings on the appeal shall be at the time and place designated by the commission.
(d) Any decision of an appeals examiner or appeals tribunal may be appealed to the commission by the administrator. Such an appeal must be filed in the same manner and within the same time limits as applies to any other party to a hearing before an appeals examiner or appeals tribunal.
(a) Any member of the commission, the chairman of an appeal tribunal, an appeals examiner, or a division administrator and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official accounts, and issue subpoenas to compel the attendance of witnesses and the production of book, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or investigation into employer coverage or liability.
(b) Subpoenas and other orders for the production of documents issued by the division or its agents may be served by certified mail or delivery by the county sheriff or the division's agents. Such subpoena or order for production of documents is considered served when delivered to or received by the person named therein, his attorney, his agent, a member of his household of the age of fourteen years or older residing therein, or the person in charge of any of his places of business at the time of delivery.
(c) A person who objects to obeying such a subpoena shall file an objection in writing with the division agent who issued the subpoena and send a copy to the parties prior to the compliance date. Such objection shall state the grounds for objecting. Any grounds not stated may be deemed waived. The division agent may rule on the objection based on the facts stated therein, may hold a hearing and rule on the objection, or may informally try to get the persons involved to resolve the matter. The ruling may direct that the subpoena be obeyed in whole or part, or may quash the subpoena. The hearing on the issue that created the appeal may be held in abeyance pending resolution of the objection to the subpoena, or may proceed.
(d) Witnesses subpoenaed for any hearing before an appeal tribunal or the division shall, upon written request within 30 days of the hearing, be paid witness and mileage fees by the commission in accordance with the following schedule: For attending, twenty percent of the maximum weekly benefit amount rounded to the nearest dollar per 8 hours and ten percent of the weekly benefit amount rounded to the nearest dollar per 4 or fewer hours, including driving time; for each mile actually and necessarily traveled in going to and returning from place of hearing, the mileage rate paid to State employees when they travel on official business. Any additional compensation for a witness is not the responsibility of the division.
(e) Orders for supplying information from the records of the division to a claimant or employer or his representative, to the extent necessary for the proper litigation of a benefit claim, shall issue upon written application therefore, setting forth the information required thereby. All applications for information from records of the division shall state, as nearly as possible, the nature of the information desired.
(f) In all cases where an application to supply a claimant or his representative with information from the records of the division is granted, the party shall be furnished with a copy of such information.
(g) Representation Before Appeal Tribunals and the Commission.
(i) Any individual may appear for himself in any proceeding before any appeal tribunal and the commission. Any partnership may be represented by any of its members or a duly authorized representative. Any corporation or association may be represented by an officer or a duly authorized representative.
(ii) Any party may appear by an attorney at law admitted to practice before any appeal tribunal or the commission, or by any other person who is qualified to represent others.
(iii) Attorneys at law who are admitted to practice before the highest court of this State, or the highest court of any state or territory of the United States, may practice before any appeal tribunal and the commission.
(iv) The division and the commission, in its discretion, may refuse to allow any person to represent others in any proceeding before it who it finds is guilty of unethical conduct or who intentionally and repeatedly fails to observe the provisions of the Wyoming Employment Security Law or the rules and instructions of the commission.