014-2 Wyo. Code R. § 2-7

Current through April 27, 2019

Section 2-7 - Denial of Registration, Services, or Benefits

(a) Upon receiving of a registration form or claim for benefits, the Executive Director or staff shall review the form and information or claim submitted. If the applicant clearly qualifies, the applicant shall be registered or benefits shall be dispersed. If there are questions regarding eligibility or claims, the Executive Director shall forward the application or claim to the Review Committee (RC). The RC shall consist of the Executive Director and two (2) members of the board designated by the board chairman.

• (i) The RC shall review the application or claim and all other information available and following the review may:
  • (A) Approve the application or claim; or
  • (B) If there are questions as to whether denial is appropriate, forward the application and a RC report to the Assistant Attorney General assigned to the Board for prosecution to review.

• (ii) If, after review, the RC and Assistant Attorney General recommends denial of an application or claim:
  • (A) A preliminary denial letter shall be sent to applicant or claimant by registered mail, return receipt requested. The letter shall state the basis for the denial, including applicable rules.
  • (B) If preliminarily denied, the applicant or claimant shall submit a written request for a hearing within 15 days of the date of the denial letter or the denial is final.

(b) A denial hearing is a formal contested case hearing conducted pursuant to the Wyoming Administrative Procedure Act.

(c) The applicant has the burden of proving that the applicant is eligible for registration. The claimant has the burden of proving the claim should be paid.

(d) The hearing will be conducted by the Office of Administrative Hearings in accordance with its Uniform Rules for Contested Case Practice and Procedure. The hearing officer shall submit proposed findings of fact, conclusions of law and order to the Board within thirty (30) days of the hearing's conclusion. The miner and review committee may submit exceptions to the proposed order within ten (10) days after service. By incorporating the Office of Administrative Hearings' Uniform Rules, the Board makes the following findings;

• (i) Incorporating the full text of the Uniform Rules would be cumbersome and inefficient given the length and nature of the rules;

• (ii) The incorporation is limited to the Uniform Rules adopted by the Office of Administrative Hearings and effective on October 17, 2014, and shall not include any subsequent editions or amendments to the Uniform Rules.

• (iii) Copies of the Uniform Rules are available to the public at the Board's office at 2001 W. Lakeway Road, Suite B, Gillette, WY 82718.

• (iv) An electronic copy of the Uniform Rules is available to the public at the following web address: http://mhb.state.wy.us

(e) Proposed orders will be given consideration, but are not binding upon the Board. All final decisions will be issued by the Board and shall be based exclusively upon the evidence in the record and matters officially noticed. The Review Committee shall not participate in the Board's final decision.

• (i) A Petition for Judicial Review of the Board decision may be filed in the district court in accordance with the Wyoming Rules of Appellate Procedure.

• (ii) If a Petition for Judicial Review is filed in the district court, the petitioner shall either arrange the preparation and pay for the transcript of the testimony, or reimburse the Board for the cost of the transcript if previously prepared at Board expense.

014-2 Wyo. Code R. § 2-7

Adopted, Eff. 1/8/2016.