037-6 Wyo. Code R. § 6-7

Current through April 27, 2019

Section 6-7 - Hearing Officer

a. In addition to such other duties as may be imposed by law, the hearing officer shall:

• (1) Issue Subpoenas;

• (2) Supervise the taking of depositions and other discovery as allowed by W.S. 16-3-107(g) and (h);

• (3) Conduct pre-hearing conferences as he or she deems necessary;

• (4) Arrange for attendance at the hearing of a certified court reporter and ensure that the hearing room is available as scheduled;

• (5) Officially open and close the hearing;

• (6) Administer oaths and affirmations;

• (7) Preside over the hearing and control the course of the proceedings;

• (8) Rule upon offers of proof and receive into the record of the case all competent evidence relevant to the issues;

• (9) Rule upon or otherwise dispose of all procedural motions and requests;

• (10) Prepare a recommended decision for consideration by the full Board at its next regularly scheduled meeting if so requested by the Board.

b. In performing his or her duties, the hearing officer may be assisted, in regard to procedural or legal questions, by the Attorney General, and by the adjudication officer in regard to the Board's books and records maintained in its Cheyenne office. Additionally, the hearing officer may allow or direct other State employees and officials to assist in the preparation of evidence. For example, State Engineer employees or ground water control advisory board members may be asked to advise the hearing officer as to technical facts. They may question witnesses as directed by the hearing officer. They may also be asked questions by other parties. Their recommendations may be requested in either written or oral form. However, testimony always shall be given under oath and in a hearing.

c. Preferably, the hearing officer will be addressed by names or titles such as "Mr. Examiner" or "The Hearing Officer."

037-6 Wyo. Code R. § 6-7