Statutes, codes, and regulations
Wyoming Administrative Code
Agency 048 - Health, Department ofSubagency 0062 - Developmental Disabilities Division-Wyoming Life Resource Center
Chapter 2 - ADMINISTRATIVE HEARINGS
Section 2-17 - Evidence and testimony

048-2 Wyo. Code R. § 2-17

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Current through April 27, 2019
Section 2-17 - Evidence and testimony

(a) Burden of proof. The Agency shall have the burden of proof, unless otherwise provided by law. The burden shall be to prove by a preponderance of the evidence that the adverse action is not arbitrary and capricious, or otherwise in violation of law.

(b) Admissibility of evidence.

  • (i) The parties shall be entitled to present any oral or documentary evidence, submit rebuttal evidence, and conduct cross-examinations as may be required for a full disclosure of the facts. All documentary or physical evidence submitted for consideration shall be marked as exhibits. Agency's exhibits shall be marked by letters of the alphabet beginning with "A." Contestant's exhibits will be marked by numbers beginning with "1."
  • (ii) The hearing officer shall allow any oral or documentary evidence, except irrelevant, immaterial, or unduly repetitious evidence.

(c) Objections.

  • (i) The grounds for objection to any evidentiary ruling by the hearing officer shall be briefly stated. Rulings on all objections shall appear in the record. Only those objections made before the hearing officer, or specifically stipulated to by both parties, may be relied on in a subsequent proceeding.
  • (ii) Formal exception to an adverse ruling is not required.

(d) Privileged and confidential information.

  • (i) Any privilege at law shall be recognized by the hearing officer in considering evidence.
  • (ii) No employee of the Department shall be compelled to testify or to divulge information which is confidential or privileged at law and which is contained within the records of the Department or acquired within the scope of his employment except as provided in W.S. § 16-3-107.

(e) The hearing officer may take official notice of any material fact not appearing in evidence in the record that is of the nature of traditional matters of judicial notice or within the special technical knowledge or files of the Department. Parties shall be given an opportunity to contest matters officially noticed prior to a final decision by the Department in accordance with W.S. § 16-3-108.

(f) Each witness who is present to give testimony must identify himself by stating his name and address, indicate on whose behalf he will testify, and be administered the following oath by the hearing officer: "Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?"

(g) Only a party or their attorney may examine or cross-examine witnesses.

(h) The hearing officer may examine witnesses.

048-2 Wyo. Code R. § 2-17