Wyo. Code R. 053-0024-1
Effective Date: 08/10/1966 to 11/30/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0024.1.08101966
Section 1. Authority. These rules are promulgated by the Commissioner of Labor and Statistics as authorized by Section 27-18, Wyoming Statutes, 1957, as amended, and Sections 9-276.19 to 9-276.33 inclusive, Wyoming Statutes, 1957 (Laws 1965), the Wyoming Administrative Procedure Act.
Section 2. Definitions. The following words, when used in these Rules, shall have the meanings respectively ascribed, as follows:
“COMMISSIONER” - the Commissioner of Labor and Statistics.
“CONTESTANT” - any party bringing a petition before the Department of Labor and Statistics:
“CONTESTEE” - any party opposing any petition brought before the Department of Labor and Statistics.
“HEARING OFFICER” - the Commissioner of Labor and Statistics, the Deputy Commissioner of Labor and Statistics, and any authorized person assigned by the Commissioner of Labor and Statistics to preside at a hearing.
Section 3. Applicability. These Rules are applicable to all contested or adversary proceedings held before the Commissioner of Labor and Statistics. These Rules shall be liberally construed to secure just, speedy and inexpensive determination of the issues presented to it.
Section 4. Docket. A Docket of contested hearings held by the Department of Labor and Statistics shall be maintained in the Office of the Commissioner of Labor and Statistics and shall be open for public inspection. It shall contain the names of the parties, a brief resume of the issues, date filed, date of scheduled hearing, date of disposition, type of disposition, and have a space for remarks pertaining to the respective hearings so docketed.
Section 5. Institution of Proceedings.
a. A hearing may be instituted by:
(1) Notice by the Commissioner;
(2) Petition by any interested person for the promulgation, repeal or amendment of any Rule of the Commissioner;
(3) Petition by any person, firm, corporation or other business organization who feels itself aggrieved by any order or decision of the Commissioner of Labor having been made without a hearing, provided that said petition is filed within thirty (30) days after notice of the order or decision aforesaid.
b. The petition shall be in writing signed by or on behalf of the contestant and shall contain a detailed statement of:
(1) Ultimate facts sufficient to show that the contestant is entitled to the relief requested;
(2) The specific relief requested;
(4) The name and address of contestant and of any other person or persons necessary to the proceeding.
c. An original and two copies of the petition, either in typewritten or printed form, shall be filed with the Commissioner. A petition shall be deemed filed when received by the Commissioner.
d. The service of petition, notices, orders and other matters is regulated as follows:
(1) After the petition has been filed, the Commissioner shall dispatch by registered or certified mail or personal delivery, a true copy of the petition, together with a copy of the applicable rules of practice to all necessary parties as named in the petition. Such petition shall be deemed served on the date of mailing to or personal delivery at the last known address of the person or persons being served.
(2) All motions, notices, pleadings, orders, and decisions shall be deemed served upon mailing by regular mail to the last known address of all other parties.
e. Answers to petitions or other pleadings will not be required. Where no answer is filed with the Commissioner, all allegations of the petition will be deemed denied. If an answer or other pleadings are desired, they shall be served and filed in the same manner and form as provided by law.
f. The Commissioner, on his own motion or motion of any interested party, may require, within ten (10) days of the filing of the petition, that the allegation in the petition be made more definite and certain. Such motion shall point out the defects complained of and the details desired. If the motion is granted, the contestant shall be given fifteen (15) days after notice to comply with the order of the officer in charge of the hearing. Allegations complained of may be stricken upon failure to comply with such order.
g. At any time more than ten (10) days prior to hearing, the contestant may amend his petition by serving a copy of the amended petition on all necessary parties and by filing two copies with the Commissioner. After that time, amendment may be allowed at the discretion of the Commissioner.
h. The contestant may withdraw his petition at any time prior to hearing without prejudice. Thereafter, the petition may be withdrawn only upon approval of the Commissioner.
a. When a hearing has been requested by filing a petition, the Commissioner shall ascertain the time most convenient to him and shall give all interested parties twenty (20) days' notice of the date and place where such hearing will be held and the nature of such hearing. This time may be shortened or extended by stipulation of all parties, or upon request to the Commissioner by any party, which request may be granted or denied at the discretion of the Commissioner. The time may also be extended or shortened upon motion of the Commissioner for good cause shown. The request shall be supported by affidavit setting out facts in support thereof and may be opposed by any other party in the same manner upon good cause shown. The request shall be served as is provided in these Rules.
b. The Notice of Hearing shall include a statement of:
(1) Time, place and nature of the hearing; (2) The legal authority and jurisdiction under which the hearing is to be held; (3) The particular sections of the statute and rules involved; and (4) A short plain statement of the matters asserted.
Section 7. Subpoenas. Subpoenas requiring the attendance of witnesses or the production of documentary or tangible evidence at a hearing or the taking of a deposition may be issued by the Commissioner, upon written request by any party to the proceeding including the Commissioner himself.
Section 8. Intervention. Any person having an interest in the subject matter of any proceeding may petition for leave to intervene in such proceeding and may become a party thereto, if the Commissioner finds that such person may be bound by the order to be entered in the proceeding, or that such person has a property or financial interest which may not be adequately represented by existing parties; provided, that such intervention would not unduly broaden the issues or delay the proceedings. Except for good cause shown, no petition for leave to intervene will be entertained if filed less than ten (10) days prior to hearing.
Section 9. Assignment to Hear Proceeding. The hearing shall be before the Commissioner, the Deputy Commissioner, or any authorized person assigned by the Commissioner of Labor and Statistics to preside at a hearing.
Section 10. Disqualification. Any party to a proceeding before the Commissioner may file an affidavit of personal bias of any officer conducting the hearing. The filing of such affidavit does not disqualify the officer from conducting said hearing. The Commissioner or any other hearing officer may withdraw from the proceeding whenever he deems himself disqualified because of personal bias or for any other good and substantial reason in those cases where such withdrawal is authorized. The Commissioner, in his discretion, may order a hearing on a charge of bias or disqualification. Disqualification of any hearing officer to act shall be in the discretion of the Commissioner.
Section 11. Powers of Commissioner and Hearing Officer.
a. A hearing officer shall have the following powers:
(1) To give notice and hold hearings; (2) To administer oaths and affirmations; (3) To examine witnesses; (4) To issue subpoenas; (5) To rule upon offers of proof and receive evidence; (6) To regulate the course of the hearing, including the power to eject any person who in any manner interferes with the orderly procedure of a hearing; (7) To hold conferences, before or during the hearing, for the settlement or simplification of issues; (8) To dispose of procedural requests or similar matters; (9) To make initial decisions;
(10) To take any other action proper under these Rules or the Wyoming Administrative Procedure Act.
b. The hearing officer's authority in each case will terminate when:
(1) He shall have withdrawn from the case for any reason; (2) The time for appeal has terminated.
Section 12. Who May Appear.
a. Each party may be represented by an attorney.
b. Any individual may appear for himself.
Section 13. Standard of Conduct. Contemptuous conduct by any person appearing at a hearing shall be ground for his exclusion from the hearing by the hearing officer.
Section 14. Hearing Reporter. The official record of the hearing shall be stenographically recorded or recorded by some other appropriate means by a person procured by the Commissioner capable of doing such reporting. The method used shall be in the discretion of the Commissioner.
Section 15. Transcript of Testimony. A transcript of the official record shall be furnished by the Commissioner only upon request and upon payment of the cost thereof.
Section 16. Continuances and Postponements. Motion for the continuance or postponement of any hearing may be granted by the Commissioner for good cause shown.
Section 17. Evidence.
a. The testimony of witnesses will be regulated as follows:
(1) The testimony of witnesses at a hearing shall be upon oath or affirmation administered by a hearing officer and shall be subject to cross-examination; (2) Any witness may, in the discretion of the Commissioner, be examined separately and apart from all other witnesses except those who are parties to the proceeding; (3) The Commissioner may limit oral argument in his discretion.
b. The oath or affirmation taken by a witness before he may testify shall be in the same form and manner as is provided by law for trial before a court.
c. Every party shall have the right to present his case or defense by oral, documentary or other satisfactory evidence, to submit evidence in rebuttal, and to conduct such cross-examination as may be required for a full and complete disclosure of the facts.
d. The contestant shall have the burden of proof.
e. The rules of evidence and requirements of proof shall conform to Section 9-276.26 of the Administrative Procedure Act.
f. If a party objects to the admission or rejection of any evidence or to the limitation of the scope of any examination or cross-examination, he shall state briefly the grounds of such objection, whereupon the Commissioner shall give the party adversely affected by his ruling on the objection an automatic exception.
g. After first advising all parties of his intention to do so, the Commissioner may take notice of judicially cognizable facts as is provided by law and of general, technical or scientific facts within the specialized knowledge of the Commissioner or other hearing officer or of information, data and material in the Commissioner's files.
Section 18. Informal Disposition. Informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default; provided that any order adverse to a party may be issued upon default only upon prima facie case made in the case by the Commissioner.
Section 19. Argument and Submittals. The Commissioner shall give the parties to the proceedings adequate opportunity for the presentation of arguments in support of motions, objections and exceptions to its proposed decision. Prior to a proposed decision, the parties shall be afforded a reasonable opportunity to submit for consideration proposed findings and conclusions and supporting reasons therefor.
Section 20. Order of Procedure at Hearing. As nearly as may be practicable, hearings shall be conducted in accordance with the following order of procedure:
a. The hearing officer shall announce that the hearing is called to order to transact business and call by docket number and title the case to be heard.
b. The contestant will be allowed an opening statement to briefly explain his position and outline the evidence he proposes to offer, together with its purpose.
c. The contestee will be allowed an opening statement, in the same manner as allowed the contestant.
d. The contestant's evidence will be heard. Witnesses may be cross-examined by the contestee. The hearing officer may examine witnesses. Contestant's offered exhibits will be marked by letters of the alphabet, beginning with "A".
e. The contestee's evidence will be heard in the same manner as allowed contestant's. The contestee's exhibits will be marked with numbers, beginning with "1".
f. The hearing officer, with the assistance of the Attorney General, or member of his staff, will introduce any evidence required on behalf of the Commissioner.
g. The contestant may offer rebuttal evidence.
h. The hearing officer may, at his discretion, allow evidence to be offered out of order as herein prescribed. A witness will be permanently excused when all his testimony has been concluded and no good reason exists for his remaining in attendance.
i. Closing statements will be made in the following sequence:
(3) Contestant in rebuttal.
j. The hearing officer may recess the hearing as required.
k. Parties may tender briefs, or the Commissioner may call for such briefs as to him appear desirable.
l. After all interested parties have been offered an opportunity to be heard, the hearing officer shall excuse all witnesses not previously excused and declare the evidence closed. The evidence of a case may be reopened at a later date and before a final order has been made, for good cause shown, by Order of the Commissioner, upon motion of any party to the proceeding or the Commissioner.
m. The hearing officer will declare that the case is being taken under advisement and that findings and an order will be announced. He will make such announcement as may be appropriate with respect to further disposition of the case.
Section 21. Record. Stenographic or other record of the testimony and exhibits, together with all papers, requests and rulings filed in the proceedings, shall constitute the record for the decision. The record shall include any proceeding upon an affidavit of personal bias or disqualification of any hearing officer of the Commissioner, and the proposed and final decision, if any.
Section 22. Decision. The form and contents of any decision will conform to Sections 9-276.27 and 9-276.28 of the Administrative Procedure Act. The final decision, including findings of fact and conclusions of the law by the Commissioner, shall be handed down and a copy mailed or delivered in person to each party or to his attorney of record within sixty (60) days of the presentation of exceptions and argument.
Section 23. Appeal. Any party to a hearing who may feel himself aggrieved or adversely affected by the final decision of the Commissioner or hearing officer may appeal to the District Court in the form prescribed by Section 27-18, Wyoming Statutes, 1957, as amended, the Wyoming Administrative Procedure Act, and the Rules of the Supreme Court of Wyoming.
Section 24. Applicable Rules of Civil Procedure. Any situation not provided for or controlled by the foregoing Rules of Practice shall be governed by the Wyoming Rules of Civil Procedure.