Statutes, codes, and regulations
Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. ofSubagency 0008 - Practice and Procedure
Chapter 2 - CONTESTED CASE HEARINGS
Section 2-7 - Designation and Authority of Hearing Officer; Recusal

020-2 Wyo. Code R. § 2-7

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Current through April 27, 2019
Section 2-7 - Designation and Authority of Hearing Officer; Recusal

(a) The Chair may refer, assign, or designate a hearing officer to preside over any contested case unless otherwise provided by law. When appropriate under applicable law and at the Council's request, the hearing officer may provide a recommended decision.

(b) At any time while a contested case is pending, a hearing officer or Council member may withdraw from a contested case by filing written notice of recusal or entering a verbal notice of recusal into the record. As soon as the notice of recusal is entered, the recused hearing officer or Council member shall not participate in the contested case.

(c) Upon motion of any party, recusal of a hearing officer or Council member shall be for cause. Whenever the grounds for such motion become known, any party may move for recusal of a hearing officer or Council member on the ground that the hearing officer or Council member:

  • (i) Has been engaged as counsel in the action prior to being appointed as hearing officer;
  • (ii) Has a material interest in the outcome of the action;
  • (iii) Is related by consanguinity to a party;
  • (iv) Is a witness in the action;
  • (v) Is biased or prejudiced against the party or the party's attorney or representative; or
  • (vi) Any other ground provided by law.

(d) A motion for recusal shall be supported by an affidavit or affidavits of any person or persons stating sufficient facts to show the existence of grounds for the motion. Prior to a hearing on the motion, any party may file counter-affidavits. The motion shall be heard by the hearing officer or, at the discretion of the hearing officer, by another hearing officer. If the motion is granted, the Council Chair shall immediately designate another hearing officer to preside over the contested case or shall excuse the Council member(s).

(e) A hearing officer appointed from outside the Council members shall not be subject to a voir dire examination by any party.

(f) Subject to limitations imposed by the hearing officer, any party may be permitted to conduct a voir dire examination of a Council member.

020-2 Wyo. Code R. § 2-7

Amended, Eff. 4/24/2017.