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 2-20 - Decisions

048-2 Wyo. Code R. § 2-20

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Current through April 27, 2019
Section 2-20 - Decisions

(a) The hearing officer shall propose a final determination, including findings of fact and conclusions of law, within twenty (20) working days of the close of the hearing and forward them to the Director for final determination. This time may be extended if the parties or other interested persons are to submit briefs, but may not be extended by more than ten (10) working days, unless the parties stipulate in writing or on the record at the hearing to a later date.

  • (i) Within ten (10) working days of the close of the hearing, or such additional time as the hearing officer may allow, each party shall be allowed to file with the hearing officer any proposed findings of fact and conclusions of law, and a supporting brief. Such proposals and briefs shall be served on all other parties.
  • (ii) Within ten (10) working days after the issuance of the hearing officer's proposed findings of fact and conclusions of law, any of the parties may submit exceptions. Such exceptions shall be filed with the Director and served on all other parties.

(b) Within ten (10) working days after the period for submitting exceptions pursuant to Subsection (a)(ii), the Director shall make and enter into the record the final decision. The final decision shall be served on all parties to the proceedings. The final decision shall include:

  • (i) A statement of the findings of fact and conclusions of law; and
  • (ii) The appropriate rule, order, relief, or denial thereof. The decision shall be based upon the contested case record or any portion stipulated to by the parties. The decision shall include facts officially noticed and relief upon, as provided by W.S. § 16-3-108(d). It shall be made on the basis of a preponderance of evidence contained in the record.

(c) Final decisions of the Department shall be effective immediately after being entered in the record and served upon all parties. Service shall be personal or by mailing a copy of any decision or order to each party or the party's attorney of record within a reasonable time after the entry of the decision into the record.

048-2 Wyo. Code R. § 2-20