Administrative Hearings, Office of

General Agency, Board or Commission Rules

Chapter 6: Special Rules Relating to Drivers' Licenses

Effective Date: 12/15/1994 to 11/18/2002

Rule Type: Superceded Rules & Regulations

Reference Number: 270.0001.6.12151994

CHAPTER 6

SPECIAL RULES RELATING TO DRIVER'S LICENSES

Section 1. General Construction. These special rules relating to driver's license contested case proceedings before the Office, are intended to supplement the foregoing provisions of Chapters 1 through 4. To the extent that any difference exists, the special rule takes precedence over any foregoing provision.

Section 2. Evidence.

(a) In addition to other evidence properly received in all driver's license contested cases, the presiding officer shall admit into evidence the Wyoming Department of Transportation's certified record prepared in accordance with Section 31-7-120, W.S. 1977, as amended 1991.

(b) For any contested case hearing concerning Implied Consent - Administrative Per Se suspension (Sections 31-6-101 through 31-6-107, W.S. 1977, as amended), or Commercial Driver's License Implied Consent disqualification - blood alcohol concentration of four one-hundredths of one percent (0.04%) or more (Section 31-7-307, W.S. 1993), the Wyoming Department of Transportation's certified record shall consist of:

1. (i) The peace officer's signed statement of probable cause;
2. (ii) The notice of suspension or disqualification;
3. (iii) A copy of the temporary license, if issued;
4. (iv) The operational checklist or chemical test result provided by the Wyoming Chemical Testing Program, Division of Health and Medical Services;
5. (v) A copy of the peace officer's certification, if applicable; and,
6. (vi) All other evidence which is material to the matter.

(c) For those contested case hearings referenced in subsection (b) above, when the Wyoming Department of Transportation presents evidence establishing that the chemical testing was conducted using methods approved under Section 31-6-105, W.S. 1991, it shall be presumed that the test result is accurate. This presumption may be rebutted by evidence establishing that the specific test result is inaccurate as a result of equipment malfunction or improper administration.

(d) For any contested case hearing concerning Implied Consent - Refusal suspension (Section 31-6-101 through 31-6-107, W.S. 1977, as amended), or Implied Consent - Refusal disqualification (Section 31-7-307, W.S. 1993), the Wyoming Department of Transportation's certified record shall consist of:

1. (i) The peace officer's signed statement of probable cause;

(ii) The notice of suspension or disqualification;

(iii) A copy of the temporary license, if issued; and,

(iv) All other evidence which is material to the matter.