044-32 Wyo. Code R. § 32-8

Current through April 27, 2019

Section 32-8 - Designation and Authority of Hearing Officer; Recusal

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

(b) Upon referral for contested case by the agency that will not be present for the hearing, a hearing officer shall conduct a contested case and may enter proposed findings of fact and conclusions of law or may provide a complete record of the contested case to the agency for entry of a final decision.

(c) At any time while a contested case is pending, a hearing officer may withdraw from a contested case by filing written notice of recusal. From and after the date the written notice of recusal is entered, the recused hearing officer shall not participate in the contested case.

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

(i) has been engaged as counsel in the action prior to being appointed as hearing officer;

(ii) has an interest in the outcome of the action;

(iii) is related by consanguinity to a party;

(iv) is a material witness in the action;

(v) is biased or prejudiced against the party or the party's attorney or representative; or

(vi) any other grounds provided by law.

(e) 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 hearing officer shall immediately designate another hearing officer to preside over the contested case.

(f) A hearing officer shall not be subject to a voir dire examination by any party.

044-32 Wyo. Code R. § 32-8

Amended, Eff. 2/21/2018.