023-2 Wyo. Code R. § 2-22

Current through April 27, 2019
Section 2-22 - Evidence

(a) The hearing officer shall rule on the admissibility of evidence in accordance with the following:

  • (i) Evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.
  • (ii) Evidence may be offered through witness testimony or in documentary form;
  • (iii) Hearings shall generally be conducted as follows:
    • (A) The presiding officer may allow into evidence, after appropriate filing and service, the written testimony of a witness in question and answer form. The testimony shall have line numbers inserted at the left margin and shall be authenticated by affidavit of the witness. If admitted, the testimony shall be marked and incorporated into the record as existing without being read into the record. Parties shall have full opportunity to cross-examine the witness on the testimony. The presiding officer may require additional written testimony during the pendency of a case;
  • (iv) The rules of privilege recognized by Wyoming law shall be given effect; and
  • (v) A hearing officer may take administrative notice of judicially cognizable facts, provided the parties are properly notified of any material facts noticed.

(b) Each party shall have the opportunity to cross-examine witnesses. The hearing officer may allow cross-examination on matters not covered on direct examination.

(c) The hearing officer, the hearing panel, agency staff or other persons delegated to do so by the hearing officer or hearing panel, when applicable, may ask questions of any party or witness.

023-2 Wyo. Code R. § 2-22

Adopted, Eff. 3/21/2016.