(a) Except as may be otherwise ordered by the hearing officer, the contestant bears the burden of proof.
(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 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 that he may exclude 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) Privilege at law shall be recognized by the hearing office in considering evidence.
- (ii) No employee of the Division shall be compelled to testify or to divulge information that is confidential or privileged at law and that is contained within the records of the Division or acquired within the scope of his employment, except as provided in W.S. 16-3-107.
(e) Judicial notice may be taken of any material fact not appearing in evidence in the record that is of the nature of traditional matter of judicial notice or within the special technical knowledge or files of the Division. Parties shall be given an opportunity to contest matters judicially noticed prior to a final decision by the Division, in accordance with W.S. W.S. W.S. 16-3-108.
(f) Each witness who is present to give testimony will identify himself or herself by stating his/ her name and address, by indicating on whose behalf he/she will testify, and will 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?"
049-5 Wyo. Code R. § 5-11