020-2 Wyo. Code R. § 2-21

Current through April 27, 2019

Section 2-21 - Rulemaking Hearings

(a) The provisions of the rules contained in this section shall govern:

• (i) Any hearings conducted pursuant to a petition (within the meaning of W.S. 16-3-106 for the promulgation, amendment, or repeal of any rule (as defined in W.S. W.S. W.S. 16-3-101(a)(ix) ).

• (ii) Any hearings conducted pursuant to W.S. W.S. W.S. 16-3-103 for the promulgation of rules and regulations recommended by the Director.

(b) Any party may petition the Council to promulgate, amend, or repeal any rule or rules.

• (i) Each petition must be submitted in duplicate to the Chairman of the Council and to the Director.

• (ii) The filing of a petition under this Section shall not stay the effectiveness of any rule or rules.

• (iii) After filing of a petition, the Council may hold a pre-hearing conference to review the petition and its persuasiveness.

• (iv) As soon as practicable, the Council shall deny the petition in writing (stating its reasons for denial) or initiate rule-making procedures. The action of the Council in denying a petition is final and not subject to review.

• (v) Before adoption, issuance, amendment, or repeal of any rule, or the commencement of any hearing on such proposed rule-making, the Council shall cause notice to be given in accordance with the provisions of W.S. W.S. W.S. 16-3-103.

(c) The adoption, amendment, or repeal of any rule, other than interpretive rules or statements of general policy, shall be in accordance with the requirements of the WAPA, except that the provisions of W.S. W.S. 16-3-107 through 16-3-112 (relating to conduct of hearings for contested cases) do not apply to hearings held under this section of these Rules. As a fact-finding legislative proceeding, each hearing is non-adversary and there are no formal pleadings or adverse parties. All information will be received by the Council without regard to rules of evidence.

(d) The hearing is directed to receiving factual evidence and expert opinion testimony relative to the issues in the proceeding.

(e) The Council, upon its own motion or upon the motion of any party, to promote the orderly presentation of evidence, may adopt one or more of the provisions contained in these Rules governing procedures in contested cases. Such action by the Council shall not constitute an agreement that the proceeding before the Council is in the nature of a contested case.

(f) The Council may impose time limitations upon oral presentations.

(g) Witnesses

• (i) The Council or designated hearing officer may direct that summaries of the testimony of witnesses be prepared in advance of the hearing. If so directed, copies of such summaries shall be served upon the members of the Council or Office or upon any other party as the designated hearing officer may direct.

• (ii) Witnesses will be permitted to read summaries of their testimony into the record or make other oral statements as they so desire. Witnesses shall not be available for cross-examination, but will be permitted to answer questions directed to them by members of the Council.

• (iii) When necessary to prevent undue prolongation of the hearing, the presiding officer may limit the number of times any witness may testify.

(h) All timely comments shall be considered by the Council before final action is taken on any proposal to promulgate, amend, or repeal any rule. Late filed comments may be considered so far as possible without incurring additional expense or delay.

(i) As soon as practicable after receipt of the official transcript or as soon as practicable after the expiration of the time set for the submittal of written comments, the Council shall render a written decision on the issue presented at the hearing.

020-2 Wyo. Code R. § 2-21