Wyo. Code R. 084-0001-6
Geologists, Board of Professional
Chapter 6: Hearing Procedures
Effective Date: 08/22/1995 to 07/15/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 084.0001.6.08221995
Section 1. Administrative Procedure Act. All hearings shall be conducted pursuant to the provisions of the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq.
Section 2. Service of Notice and Formal Complaint. Proper Notice and Complaint shall be served by mail at least thirty (30) days prior to the date set for hearing. It shall be sent by certified or registered mail with return receipt thereof to the last known address of the licensee.
Section 3. Docket. A contested case shall be assigned a number when a complaint is filed with the Board. A separate file shall be established for each docketed case, in which shall be placed all papers, pleadings, documents, transcripts, evidence, and exhibits.
Section 4. Answer or Appearance. The licensee shall file an Answer or Notice of Appearance, which shall be received by the Board at least three (3) working days prior to the date set for hearing in the matter.
Section 5. Default in Licensee Answering or Appearing. In the event of the failure to answer or otherwise appear within the time allowed, a default shall be entered and the allegations as set forth in the Notice and Complaint shall be taken as true and an Order of the Board entered accordingly.
Section 6. Discovery. In all contested cases coming before the Board, the taking of depositions and discovery shall be available to the parties.
Section 7. Subpoenas. Subpoenas for appearance and to produce testimony, books, papers, documents, or exhibits may be issued by the Board or hearing officer on behalf of any party to the contested case.
Section 8. Contested Case Hearing. All issues and matters set forth in the Notice and Complaint shall be presented to the Board. A licensee may be represented by an attorney licensed to practice law in this State or associated with an attorney licensed to practice law in this State.
Section 9. Hearing Officer. The Board may employ and retain a hearing officer to assist and advise the Board in the conduct of a hearing and the preparation of recommended findings of fact, conclusions of law, and the order.
Section 10. Order of Procedure at Hearing. Hearings should be conducted with the following order of procedure:
(a) The Board or hearing officer shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard, and thereupon the Board or hearing officer shall incorporate all pleadings into the record and shall note for the record all subpoenas issued and all appearances of record;
(b) Opening statements may be made;
(c) All persons testifying at the hearing shall be administered the standard oath;
(d) The party bearing the burden of proof shall thereupon proceed to present its evidence. Witnesses may be cross-examined and redirect examination may be permitted;
(e) The State's and licensee's evidence shall be heard in the same manner. Each shall have the opportunity of cross-examination and redirect examination may be permitted;
(f) Closing statements, at the conclusion of the presentation of evidence, may be made by the parties or attorneys. A rebuttal statement may be allowed. The time for oral argument may be limited;
(g) After all proceedings have been concluded, the Board or hearing officer shall excuse all witnesses and declare the hearing closed. Any party may submit written briefs of law to the Board or hearing officer. The Board may take the case under advisement. The decision of the Board shall be announced within due and proper time following consideration of all of the matters presented at the hearing and exceptions filed by any party to a hearing officer's recommended decision.
(h) The Board and hearing officer shall retain the right and opportunity to examine any witness upon the conclusion of all testimony offered by a particular witness.
Section 11. Rules of Civil Procedure to Apply. The rules of practice and procedure contained in the Wyoming Rules of Civil Procedure insofar as they are applicable and not inconsistent with the matters before the Board and applicable to the rules and orders promulgated by the Board shall apply.
Section 12. Attorneys. The filing of an answer or other appearance by an attorney constitutes an appearance for the party for whom the pleading is filed. The Board and all parties shall be notified in writing of any withdrawal. Any person appearing before the Board at a hearing in a representative capacity shall be precluded from examining or cross-examining any witness unless the person is an attorney licensed to practice law in this State or associated with an attorney licensed to practice law in this State. This rule shall not be construed to prohibit any licensee from representing themselves before the Board, but any licensee appearing in their own behalf shall not be relieved of abiding by all procedural rules established for the hearing.
Section 13. Attorney General to be Present. In all hearings held upon formal action brought before the Board, a representative of the Office of the Attorney General of Wyoming shall appear on behalf of the State, and shall present all evidence, testimony, and legal authority in support of the Notice and Complaint to be considered by the Board.
Section 14. Record of Proceedings. When the denial, revocation, or suspension of any license is the subject for hearing, it shall be regarded as a contested case and the proceedings, including all testimony, shall be reported verbatim by a court reporter or taped.
(a) The Board shall, with the assistance of the hearing officer, following the full and complete hearing, make and enter a written decision and order containing findings of fact and conclusions of law. The decision and order shall be filed with the Board and shall, bear execution, become the decision and order as a result of the hearing.
(b) No member, staff, or agent of the Board who participated or advised in the investigation or presentation of evidence at the hearing shall participate or advise in the decision.
(c) Upon entry and filing, the Board shall mail copies of the decision to each licensee and attorneys of record.
Section 16. Appeals to District Court. Appeals from final Board decisions shall be taken to the district court having jurisdiction and proper venue in accordance with applicable statutes and the Wyoming Rules of Appellate Procedure.
Section 17. Transcript in Case of Appeal. In an appeal to the district court, the appellant shall pay and arrange for the transcript of the testimony. The transcript shall be verified by oath of the reporter or transcriber as a true and correct transcript of the testimony and other evidence in the case.