Wyo. Code R. 053-0024-6
Effective Date: 01/14/1986 to 01/26/2004
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0024.6.01141986
a. Who shall conduct hearing. The hearing shall be conducted before a quorum of the Commission and the Chairman of the Commission or his duly appointed designee shall be the presiding officer. A quorum shall consist of any three of the Commissioners and/or the Chairman. The Chairman of the Commission may designate a Commissioner to serve as Chairman in his/her absence provided a quorum of the Commission is present to conduct a hearing.
Upon the consent and waiver of all parties, a hearing may be held before one or more members of the Commission less than a quorum.
The investigating officials shall not participate in the hearing except as a witness nor shall he/she participate in the deliberations of the Commission. No presiding officer shall have taken any administrative part in any action prior to or during hearing.
b. Appearance.
(1) Complainants and Respondents shall be present at hearings with or without counsel.
(2) A default decree may be entered in favor of the party present against the party absent by the Commission.
(3) In the event either party is unable to attend the hearing on the date set by the Commission, he/she or it shall immediately notify the Commission of this fact together with the reasons for such absence. Failure to do so may result in an adverse decree by default.
(4) If, in its exercise of sound discretion, the Commission finds that the party absenting itself or himself does so with good reason, the Commission may grant a continuance under these Rules. If the Commission finds there is no good reason for such party to be absent, the Commission may issue a default decree in favor of the opposite party.
c. Place of hearing. Hearings shall be held in the place and at the date and time specified in the notice of hearing. Due regard for the convenience of parties, witnesses and the Commission shall be exercised.
d. Order of procedure at hearing. As nearly as is possible and feasible, hearings shall be conducted in accordance with the following order of procedure.
(1) The presiding officer shall announce that the Commission is convened to hear the case and shall call the case by title.
(2) All persons who are present to give testimony in the hearing shall arise, identify themselves, indicate on whose behalf their testimony will be given and be sworn by the presiding officer.
(3) The Complainant or his/her attorney shall make an opening statement briefly stating his/her contentions and the proof he/she intends to present.
(4) The Respondent or his/her attorney shall make an opening statement briefly stating his/her contentions and the proof he/she intends to present. The Respondent may reserve opening statement and state it prior to presentation of its casein-chief
(5) The Complainant or his/her attorney shall present his/her evidence. Witnesses may be cross-examined by the Respondent or his/her attorney and may also be cross-examined by any member of the Commission and/or the member of the Attorney General's Staff assisting the Commission in the conduct of hearing. The Complainant's offered exhibits will be marked by letters of the alphabet, beginning with 'A'.
(6) The evidence of the Respondent shall be presented. Witnesses may be cross-examined by the Complainant or his/her attorney and may also be cross-examined by any member of the Commission and/or the member of the Attorney General's Staff assisting the Commission in the conduct of the hearing. The Respondents offered exhibits will be marked with Arabic numerals beginning with '1'.
(7) The Complainant may offer rebuttal evidence.
(8) The Commission may, in its discretion, allow evidence to be offered out of order, as herein prescribed.
(9) Closing statements will be made in the following sequence:
(c) Complainant in rebuttal.
The time for oral argument may be limited by the presiding officer, but in any case, each party shall be given equal time.
(10) The presiding officer may recess the hearing upon request of either party or on his/her own motion as he/she deems appropriate.
e. Closing proceedings. After all participants have been offered an opportunity to be heard, the presiding officer shall excuse all witnesses and declare the evidence closed. The evidence in the case may be reopened at a later date for good cause shown by order of the presiding officer upon his/her motion or motion of any party to the proceedings.
f. Briefs. Parties may tender briefs and a proposed order containing findings of fact and conclusions of law, or the Commission may call for such briefs or proposed order, as may be desirable.
g. Decision. The presiding officer shall declare that the case is to be taken under advisement and that its decision and order will be announced in accordance with W.S. 27-9-106.
h. Witnesses/Parties. Witnesses/parties at hearings to be sworn. All persons testifying at any hearing before the Commission shall stand and be administered the following oath or affirmation by a member of the Commission.
“Do you swear (or affirm) to tell the truth, the whole truth, and nothing but the truth in the matter now before the Commission, so help you, God?”
No testimony will be received from a witness or party except under such oath or affirmation.
i. Expert testimony. If scientific, technical, or other specialized knowledge will assist the Commission to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise as provided in the Wyoming Rules of Evidence.
j. Burden of proof.
(1) Complainant - the Complainant, in order to prevail, shall have the burden of making a prima facie showing of a discriminatory or unfair employment practice.
(2) Respondent - The Respondent, in order to prevail, must rebut the Complainant’s prima facie showing of a discriminatory or unfair employment practice.
k. Settlement.
(1) Settlement. Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order, or default, as provided for in Chapter V, Section 11, supra.
(2) Prehearing Conferences. A prehearing conference among the parties shall be conducted at least fifteen (15) days prior to hearing and no more than thirty (30) days prior to hearing at the request of the Commission or its Director.
The purpose of the prehearing conference shall be the same as provided for in Rule 16 of the Wyoming Rules of Civil Procedure. The Chairman or his designee shall preside over the conference.
Such conferences shall be conducted informally. A memorandum will be prepared by the Commission which recites the actions taken at the conference, amendments allowed, agreements of the parties and limitation of the issues to those undisposed of by admissions or agreements of counsel and the parties. The prehearing memorandum will control the course of the hearing unless modified by the Commission to prevent manifest injustice.
l. Motions. The Commission or the Motions Commissioner may at any time after ten (10) days notice to all parties hear orally, or otherwise, any motion filed in connection with hearings under these rules.
m. Improper conduct. The presiding officer may exclude from the hearing room or from further participation in the proceedings any person who engages in improper conduct, excepting only a party or his attorney or a witness engaged in testifying.
n. Public hearings. All hearings shall be public.
o. Exclusion of witnesses. Upon motion of either party or upon the motion of the presiding officer, all witnesses except one who is testifying may be excused from the hearing room.
p. Reporting testimony. In all hearings held pursuant to the Act and these Rules and Regulations, all testimony shall be reported verbatim stenographically or by other appropriate means determined by the presiding officer. The cost for such reporting may be assessed against the party who fails to prevail at the hearing.
a. Subpoenas.
(1) Issuance. The Commission or one of its presiding officers shall, upon the application of either party or on its own motion issue a subpoena requiring the appearance of witnesses for the purpose of taking evidence or requiring the production of any books, papers, or other documents relevant or material to the inquiry.
(2) Enforcement. In case of contumacy or refusal by any person to obey a subpoena issued by the Commission, the District Court, for the district in which the hearing or other proceeding is being conducted shall, upon application of the Commission, issue to the person refusing to obey the subpoena an order requiring such person to appear before the Commission or other person designated by it, there to produce documentary evidence if so ordered or there to give evidence touching the matter in question; and any failure to obey such order of court may be punished by said court as a contempt thereof.
(3) Modification. The Commission, upon application of either party or its own motion made before the time specified in the subpoena for compliance therewith may:
(a) Quash or modify the subpoena if it is unreasonable and oppressive or;
(b) May condition denial of the motion upon advancement by the person in whose behalf the subpoena is requested, of the reasonable cost of producing the books, papers, documents, or tangible things.
(4) Service. Witness and mileage fees. The cost of service, witness, and mileage fees shall be borne by the party at whose instance subpoenas and discovery procedures are issued and the fees paid therefor shall be the same as those paid by the District Courts of the state.
b. Discovery.
(1) Complainant and Respondent. Rights of discovery. The Complainant and Respondent shall both enjoy the same rights of discovery as are provided for in W.S. 27-9-104 and in the Wyoming Administrative Procedures Act, W.S. 9-4-107(g), subsequent to the Commission’s issuance of the
Notice of Hearing, or other notification of completion of the investigation.
(2) Commission. The Commission and its staff shall enjoy the same rights of discovery enjoyed by the Complainant and Respondent, except that the Commission’s rights shall commence the date a verified complaint is filed and shall terminate on the date the Commission issues a Notice of Hearing, except that this section shall not apply to a charge filed by the Commission or a Commissioner as provided for in Section 27-9106(l) of the Act. In such an instance, the Commission’s discovery rights shall not terminate on the date any notice of hearing is issued.
(3) Enforcement. Any party, including the Commission’s staff, shall have the right to petition the Commission for an order to compel and enforce discovery, including but not limited to, a failure to comply with a motion to produce documents, notice to take depositions, and failure to answer interrogatories. Such an order shall be deemed a final order as described in Section 27-9-107(a) of the Act.
a. Requisites. The Commission following a full and complete hearing shall make and enter a written decision and order containing findings of fact, and conclusions of law based upon the evidence, both testimonial and documentary, introduced and admitted during the course of the hearing. In addition, all matters which have been officially noticed by the Commission will be taken into consideration as a basis for making findings of fact and conclusions of law, separately stated. Such decisions, findings of fact and conclusions of law shall be separately stated and shall without further action, become such based upon the hearing.
b. Notification. Parties shall be notified of the final decision personally or by certified mail at their last known address. A copy of the decision and order shall be delivered or mailed forthwith to each party or attorney of record.
a. Appeals to the District Court. Appeals to the District Court from a decision of the Commission shall be perfected pursuant to the provisions of W. S. 9-4-114, and Rule 72.1 of the Rules of Civil Procedure, as promulgated by the Supreme Court of the State of Wyoming.
b. Transcripts. Oral proceedings or any part thereof shall be transcribed on request of any party upon payment of the cost thereof. In case of an appeal to the District Court, the party appealing shall secure and file a transcript of the testimony and other evidence offered at the hearing with the Commission, which transcript shall be verified by the oath of the reporter or transcriber as a true and correct transcript of the testimony and other evidence in the hearing. The cost of making the transcript shall be paid by the party prosecuting such appeal. The complete record on appeal, including the transcript of testimony, shall be verified by the presiding officer.
Copies of these Rules of Practice and Procedure shall be available to the public on request, and shall, be kept on file in the office of the Commissioner of Labor and Statistics, Cheyenne, Wyoming.
a. Appearance. The filing of a pleading or other appearance by an attorney constitutes his appearance for the party for whom made. The Commission must be notified in writing of his withdrawal from any matter. Any person appearing before the Commission at a hearing in a representative capacity shall be precluded from presenting any evidence or examining or crossexamining any witness, unless such person shall be an attorney licensed to practice law in the State of Wyoming, or a nonresident attorney associated with a Wyoming attorney. This rule shall not be construed to prohibit any person from representing himself/herself in any hearing before the Commission.
b. Assistance of Attorney General. In all matters before the Commission, the Attorney General of Wyoming, or a representative of his staff, shall be present throughout the hearing to assist and advise the Commission in the conduct of the hearing and shall at the request of the Commission assist the Commission in its deliberation and decision.
c. Attorney at Hearing on Commission or Commissioner’s Complaint. The public hearing on a Commission or a Commissioner’s complaint shall be the same as any hearing on any other complaint, except an Assistant Attorney General shall present the case for the Commission. The Assistant Attorney General presenting the case shall not assist or advise the Commission with regard to such case, as provided for in Rule 17(b), supra.
BE IT HEREAFTER RESOLVED that the Wyoming Fair Employment Practices Commission desires to cooperate with advertisers and newspapers to stop the use of “help wanted” advertisements which discriminate because of race, color, religion, national origin or sex.
Pursuant to Section 27-260(2), Wyoming Statutes 1957, as amended, the Fair Employment Practices Commission has adopted a resolution pertaining to Discriminatory Employment Advertising. It shall hereafter be in violation of Sections 27-257 through 27-264, Wyoming Statutes 1957, as amended, for any employment advertisements to be published which express or indicate any preference, limitation, specification, or discrimination based on race, color, religion, national origin, or sex. A limitation, specification, discrimination, or preference as to religion, national origin, or sex is not a violation where such limitation, specification, discrimination, or preference is a bona fide occupational qualification for the particular job advertised.
A “bona fide” occupational qualification shall include only those vocational qualifications which are reasonably necessary to the normal operation of the particular business.
The use of language including but not limited to “black”, “Negro”, “colored”, “white”, “restricted”, “interracial”, “segregated”, “Christian”, “Jewish”, “men”, “women”, “boy”, “gal”, or any other word, term, phrase, or expression which tends to influence, persuade or dissuade, encourage or discourage, attract or repel, any person or persons because of race, color, religion, national origin or sex shall be considered discriminatory