(a) The Director shall appoint a hearing officer to preside over contested case hearings on a case-by-case basis, or for a scheduled period of time, as the Director sees fit or may refer the case to the Office of Administrative Hearings (OAH) for a recommended decision under its rules. If the case is referred to OAH, then notwithstanding anything to the contrary in this Chapter, the OAH Rules for contested cases shall apply.
(b) The hearing officer shall be an employee of the Department, or other individual determined by the Director to be qualified to serve in such a capacity, who has not taken part in the investigation, preparation, or earlier disposition of the case to be heard. - (i) The hearing officer shall withdraw from consideration of a case at any time he or she deems himself or herself disqualified, providing there are other qualified presiding officers available to act. Withdrawal shall be made in writing to the Director.
- (ii) Any party may request in writing that the Director remove and replace the hearing officer in a contested case hearing. This request must be accompanied by a statement and affidavits setting forth the alleged grounds for disqualification. The Director may deny a party's request for removal and shall issue a written statement explaining the grounds for his denial which shall be made a part of the record. If the request is granted, the Director shall appoint a new hearing officer as soon as is practicable.
- (iii) The contestant may object to the appointment of the hearing officer in the record at the hearing. The objection shall set forth the alleged grounds for disqualification.
(c) The hearing officer shall have all powers necessary to conduct a fair and impartial hearing, including, but not limited to, the following authority: - (i) To administer oaths and affirmations;
- (ii) To subpoena witnesses and require the production of any books, papers or other documents relevant or material to the inquiry;
- (iii) To rule upon offers of proof and relevant evidence;
- (iv) To provide for discovery and determine its scope;
- (v) To regulate the course of the hearing;
- (vi) To hold conferences for the settlement or simplification of the issues;
- (vii) To dispose of procedural requests or similar matters;
- (viii) To dismiss cases as specified by this rule or on agreement of the parties; and
- (ix) To take any other action authorized by the Department's rules.
(d) Failure or refusal to appear or obey orders of the hearing officer may result in the sanctions provided in W.S. § 16-3-107(c) and (f).
(e) Except to the extent required for the disposition of ex parte matters authorized by law, the hearing officer shall not consult with any individual or party on any fact at issue except as allowed in W.S. § 16-3-111.
048-4 Wyo. Code R. § 4-18