Wyo. Code R. 053-0018-33
Effective Date: 11/28/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 053.0018.33.11282023
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) A party desiring rehearing or reopening of a case before the appeals examiner must file a written application or use the internet website approved by the Division with the examiner no later than twenty-eight (28) days after the mailing of the examiner decision to the party's 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 twenty-eight (28) 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 the decision becomes final under W.S. 27-3-403.
Section 3. Commission Decisions. If the division staff or another party to a case decided by the commission desires to have the commission redetermine any matter it decided, the party must file a petition for rehearing within twenty-eight (28) days of the mailing of the commission decision with the Appeals Division and must send a copy to the last known address of all other parties. The petition shall be in writing and state the legal and factual grounds for redetermination. The filing of a petition for rehearing shall stay the order or decision of the commission, as well as the time within which to file a petition for review with a district court, until the commission denies the petition for rehearing or enters an order following rehearing. If in the commission's judgment the party seeking redetermination provides sufficient reason(s), the commission shall grant the petition and hold a rehearing. The rehearing shall be subject to the commission's rules. If the commission denies the petition for rehearing, the stay set forth herein is immediately terminated, the original order or decision shall be in full force and effect, and the time period for any appeal will begin to run again. The party who sought the redetermination may not file another petition for rehearing following an order or decision made after the rehearing which vacates, amends or modifies the original order or decision.