Administrative Hearings, Office of

General Agency, Board or Commission Rules

Effective Date: 03/07/1997 to 11/18/2002

Rule Type: Superceded Rules & Regulations

Reference Number: 270.0001.1.03071997

RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS

CHAPTER 1

GENERAL PROVISIONS AND DEFINITIONS

Section 1. Authority. These rules of practice and procedure are promulgated by authority of Section 16-3-102, W.S. 1982, as amended, and Section 9-2-2203, W.S. 1992.

Section 2. Purpose. These rules are intended to set forth clear and comprehensive procedures for the conduct of contested cases pursuant to the Wyoming Administrative Procedure Act, Sections 16-3-101 through 16-3-115, W.S. 1982, as amended.

Section 3. Citation. Citation to these rules shall be 'Rules for Contested Case Practice and Procedure Before the Office of Administrative Hearings', or more simply 'OAH Rules'.

Section 4. Applicability. These rules shall apply to the conduct of administrative contested cases before the Office of Administrative Hearings, regardless of the identity of the particular agency whose action or inaction is being contested. These rules shall take precedence over all referring agency hearing rules and shall supersede all prior rules of the Office of Administrative Hearings. Sections 9-2-2202 and 2203, W.S. 1992.

Section 5. Construction. These rules are to be liberally construed to assure the unbiased, fair, expeditious and impartial conduct of contested case proceedings before the Office. Any procedural rule may be relaxed or modified by the presiding officer only in the interest of fairness or justice. In the absence of rule, the presiding officer may proceed in any manner consistent with the intent of these rules.

Section 6. General Course of Contested Case Proceedings. Unless otherwise provided by law, proceedings before the Office are governed by the contested case provisions of the Wyoming Administrative Procedure Act and, to the extent their application is not inconsistent with the particular administrative contested case proceeding, the Wyoming Rules of Civil Procedure and other court rules may be looked to for guidance.

Section 7. Definitions. In addition to those definitions found in Section 16-3-101, W.S. 1982, as amended, the following terms are defined as follows:

(a) 'Office' means the Office of Administrative Hearings created by Section 9-2-2201, W.S. 1992; and

(b) 'Referring agency' means any agency which, to the extent legally authorized, requests the Office to conduct the contested case, and includes those agencies which by law must utilize the Office to conduct the contested case. Section 9-2-2202, W.S. 1992.

Section 8. Severability. If any portion of these rules is found to be invalid or unenforceable, the remainder shall remain in effect.

Section 9. Effective Date. These rules shall become effective January 15, 1997.