021-9 Wyo. Code R. § 9-6

Current through April 27, 2019

Section 9-6 - Pre-hearing Conference; Agenda

(a) At least five (5) days before the hearing, the hearing officer shall conduct a pre-hearing conference to consider the matters specified in subsection (d) of this Section. All parties shall attend the conference. The hearing officer may require each party to submit a memorandum to address the matters specified in subsection (d) of this Section. The conference may be conducted by telephone conference call or other suitable means by which all persons who are part of the conference may actively participate in the conference and can be heard by all other persons who are part of the conference.

(b) The Commissioner, after consultation with the hearing officer, may delegate the responsibility for conducting the pre-hearing conference to the deputy banking commissioner, to division counsel or to such other employee of the Division as he may deem appropriate.

(c) The hearing officer shall give each party at least five (5) days notice of the date, time and place for the pre-hearing conference.

(d) The following matters shall be considered at the pre-hearing conference:

(i) The names and addresses of witnesses whom each party intends to call to testify at the hearing, together with a detailed summary of the testimony expected from each witness;

(ii) The documentary evidence each party intends to introduce at the hearing;

(iii) The number, description, and purpose of all demonstrative exhibits each party intends to use at the hearing;

(iv) Material facts, if any, of which the Commissioner will be requested to take official notice pursuant to W.S. 16-3-108(d);

(v) Stipulations of fact and documentary evidence to be admitted into the record; and

(vi) Matters requiring consideration or submission to the Commissioner in executive session;

(vii) The length of time to be devoted to presentation of cases and delivery of opening and closing statements;

(viii) Any other matters that will simplify the issues or otherwise allow the hearing to be conducted more efficiently and quickly; and

(ix) A determination as to whether briefs are to be filed.

(e) At the hearing, the hearing shall admit into the record all facts, evidence and other matters to which the parties stipulated at the conference. The Commissioner also shall identify those matters of which he will take official notice.

(f) The hearing officer shall prepare an agenda that sets forth the order of business to come before him during the hearing, and the witnesses to be called, the documentary evidence to be introduced, and the exhibits to be used at the hearing. Before the hearing, the Commissioner shall provide a copy of the agenda to each party. The agenda will govern the order of business during the hearing unless modified by the Commissioner.

(g) The hearing officer shall exclude from the hearing on, and from the record of, an application any economic feasibility study and all testimony and other evidence derived from it, unless the party offering the study shall have, at least ten (10) days before the hearing, filed the study with the Commissioner and delivered a copy of the study to all other parties.

021-9 Wyo. Code R. § 9-6