021-9 Wyo. Code R. § 9-16

Current through April 27, 2019
Section 9-16 - Findings and Conclusions

In any proceeding before the Commissioner:

(a) The parties have a right to submit proposed findings of fact and conclusions of law or a proposal for decision. The hearing officer shall set reasonable deadlines for submission of proposed findings of fact and conclusions of law.

(b) Proposed findings of fact submitted under this section must be supported by concise and explicit statements of underlying facts developed from the record with specific reference to where in the record the facts appear.

(c) The Commissioner may direct the hearing officer to write proposed findings of fact and conclusions of law. The Commissioner may also direct the hearing officer to write a recommended decision.

(d) All parties shall have an opportunity to file objections to proposed findings of fact and conclusions of law and orders submitted by any party or by the hearing officer.

(e) The hearing officer shall establish deadlines for the filing of proposed findings of fact and conclusions of law and orders.

(f) After the expiration of time for filing objections, the Commissioner shall consider the proposal for decision. The Commissioner may:

  • (i) adopt the proposal for decision, in whole or in part;
  • (ii) decline to adopt the proposal for decision, in whole or in part; or
  • (iii) direct the hearing officer to give further consideration to the proceeding with or without reopening the hearing.

(g) Parties shall be given an opportunity to file exceptions, replies and briefs in the event a decision is remanded for further consideration.

(h) If on remand additional evidence is received which results in a substantial revision of the proposal for decision, a new proposal for decision shall be prepared, unless the Commissioner, on remand, has heard the case or read the record. A new proposal for decision must be clearly labeled as such and all parties of record are entitled to file exceptions, replies and briefs.

021-9 Wyo. Code R. § 9-16