020-2 Wyo. Code R. § 2-14

Current through April 27, 2019

Section 2-14 - Order of Procedure at Hearings

As nearly as possible and feasible, hearings shall be conducted in accordance with the following order of procedure. The presiding officer shall determine all procedural questions not governed by these rules of practice and procedure.

(a) The presiding officer shall announce that the Council is convened to hear the evidence relating to the application for an industrial siting permit and shall call by docket number and title the application to be considered.

(b) The presiding officer shall direct the reading into the record of the notice of hearing given by the Council through its Director and proof of publication thereof and shall direct that the record reflect the issuance of all subpoenas and all appearances of record including parties and their counsel of record, if any.

(c) All witnesses who are present to give testimony in the hearing shall rise, identify themselves and indicate on whose behalf their testimony will be given and be sworn by the presiding officer. All witnesses shall be administered the following oath by the presiding officer:

Do you swear (or affirm) that the testimony which you are about to give in the matter or in the hearing before this Council is the truth, the whole truth and nothing but the truth?

(d) The parties will each be allowed an opening statement to briefly explain their position to the Council and outline the evidence they propose to offer together with the purpose thereof. Opening statement shall be of a length and in an order as shall be determined by the presiding officer.

(e) The parties' evidence shall be heard in the following order and manner:

(i) The applicant.

(ii) Each local government entity, which is a party, shall then be heard in an order established by the presiding officer.

(iii) Each other party to the permit proceeding, in an order to be established by the presiding officer, shall then be allowed to present its evidence and be heard by the Council.

(iv) Witnesses may be cross-examined by any party or its attorney and by members of the Council and legal counsel.

(v) Parties may have the opportunity to offer, once only, rebuttal evidence in order.

(vi) Parties may have the opportunity to offer closing statements in order.

(f) At the request of the Council, the Division or any party, state agencies, which act as advisory members of the Council, shall have an opportunity to present statements concerning the advisability of issuance of a permit after the parties' evidence is heard.

(i) Such statements shall be limited in scope to the particular area of expertise, which the agency has and/or to the specific area of study assigned to an agency by the Council.

(ii) Upon objection by any party to the permit proceeding to the admission of such statements into the record, the objecting party shall be afforded the opportunity to cross-examine the state agency presenting the statement.

(g) Every person testifying shall, at the Council's discretion, be qualified prior to testifying. Such qualification will include ascertaining the residency, occupation, background, education, and expertise of said person.

(h) Documentary material used as evidence by any party or witness must be of size consistent with the ease of handling, transportation, and filing. Where relevant and material matter offered in evidence by any party is embraced in a book, paper or document containing other matter not material or relevant, to the permit proceeding, the party must plainly designate the relevant matter so offered. If the material matter therein contains other material which unnecessarily encumbers the record, such book, paper or document will not be received in evidence, but may be marked for identification, and if properly authenticated, the relevant and material matter may be read into the record or, if the Council so directs, a true copy of such matter in proper form shall be received as an exhibit.

(i) After all parties have been offered the opportunity to be heard, the presiding officer shall excuse all witnesses and declare the evidence closed. The evidence may be reopened at a later date prior to a decision of the Council upon motion by a party or on the Council's own motion.

(j) After the evidence is declared to be closed, the Council may request the parties to the permit proceeding to submit proposed findings of fact and conclusions of law within fifteen (15) days after the closing of the evidence.

(k) During all hearings under these rules, the presiding officer shall have the power to:

(i) Administer oaths and affirmations;

(ii) Issue subpoenas;

(iii) Rule upon offers of proof and receive relevant evidence;

(iv) Take or cause to be taken depositions;

(v) Preside over the hearing and regulate its proceedings;

(vi) Dispose of procedural requests. The presiding officer may be assisted by a representative of the Attorney General's office when such assistance is deemed necessary.

(vii) At his discretion, or with the consent of Council, require parties to tender written briefs and set the time for filing such briefs.

(viii) Preside over and set the time for such prehearing conferences as he deems necessary;

(ix) Exclude all irrelevant, immaterial, or unduly repetitious evidence;

(x) Recess the hearing as required;

(xi) Officiate and officially close the hearing.

(xii) With the consent of the Council, declare that the matter is taken under advisement and that the decision and order of the Council will be announced at a later date.

(xiii) Exclude any and all evidence and testimony which raises an issue of the jurisdiction of any agency which has regulatory authority over the industrial facility.

020-2 Wyo. Code R. § 2-14