006-3 Wyo. Code R. § 3-8

Current through April 27, 2019
Section 3-8 - Hearing Procedure

(a) The Board shall set the matter for hearing no later than thirty (30) days from the filing of the response. Notice of the hearing shall be served personaUy or by mail upon all parties at least ten (10) days prior to the date set for the hearing. The notice shall contain the information required by W.S. 16-3-107(b). In the Board's discretion, and for good cause shown, the time for hearing may be extended for a period of time not to exceed an additional thirty (30) days.

(b) The Board shall designate a hearing officer to preside over pre-hearing matters and the hearing itself Said officer may be a member, the executive director of the Board, an employee of the Board, or an employee of another State agency. Any party may request that a different hearing officer be designated. Such request shall be made no later than ten days prior to the date set for the hearing. Any party may make onfy one such request. The hearing officer shall not participated in the decision, other than to inform the Board of the facts.

(c) Parties must mutuaUy request and provide informal discovery prior to filing formal discovery demands authorized by the Wyoming Rules of Civil Procedure. The Board shall liberaUy grant motions to shorten time for response to discovery requests, consistent with reasonable time for parties to provide requested information.

(d) Preparing conferences shall be held in all cases, pursuant to Rule 16 of the Wyoming Rules of Civil Procedure. The parties and the Board shall make a special effort at such conferences to narrow the issues, limit the amount of evidence, and to resolve the dispute prior to the actual hearing. Informal disposition may be made of any matter by stipulation, agreed settlement, consent order or default, pursuant toW.S. 163-107(n).

(e) Hearings shall be open to the public, except that pre-hearing conferences and hearings may be held by telephone conference call if agreed to by all parties. A state employee or official who is a party to the proceeding may request in writing that the hearing be closed. Said request shall be filed with the record in the matter.

(f) Evidence received during a hearing shall be in the form of sworn testimony, subject to cross-examination. Documentary evidence and written testimony may be received as provided in W.S. 16-3-108.

(g) A record shall be kept of the entire proceeding before the Board, as provided in W.S. 16-3-107(p). The Board shall provide for a tape recording of the hearing, but any party, at his own expense, may arrange for stenographic recording.

(h) The hearing shall proceed in the following order:

  • (i) opening statements by claimant and opposing party:
  • (ii) presentation of claimant's case:
  • (iii) presentation of opposing party's case:
  • (iv) rebuttal by both parties at the Board's discretion:
  • (V) closing statements at the Board's discretion.

006-3 Wyo. Code R. § 3-8

Amended, Eff. 3/28/1991.