Wyo. Code R. 053-0018-33
Unemployment Insurance
Effective Date: 04/01/2016 to 06/29/2018
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0018.33.04012016
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 to do so 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 reconsider or rehear the matter, the party 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 appropriate 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.