049-5 Wyo. Code R. § 5-13

Current through April 27, 2019
Section 5-13 - Order of Procedure

(a) As nearly as practicable, the following order of procedure shall be followed:

  • (i) The hearing officer shall announce the hearing is open and call, by docket number and title, the case to be heard. The hearing officer shall ask if parties are ready to proceed and will allow parties an opportunity to dispose of any preliminary matters.
  • (ii) The hearing officer shall administer the oath to all witnesses who will present testimony.
  • (iii) The hearing officer may, in his discretion, allow evidence to be heard in an order other than that prescribed here, and shift the burden of proof accordingly.
  • (iv) Opening statements will be made by contestant first, then respondent.
  • (v) Evidence will be heard for contestant first, then respondent. The contestant may then offer rebuttal evidence. Parties may each exercise the right to crossexamine.
  • (vi) No testimony shall be received by the hearing officer unless given under oath/ affirmation administered by the hearing officer.
  • (vii) Closing statements will be made by the contestant first, then respondent, then the contestant in rebuttal.
  • (viii) The hearing officer may limit the time for opening and closing statements.
  • (ix) The hearing officer may recess the proceedings as appropriate.
  • (x) After all parties have had an opportunity to be heard, the hearing officer shall excuse all witnesses and close the evidence.

    Evidence may be reopened only upon a motion by a party to the proceeding on a showing of good cause.

(b) Upon their own motion, all parties or other interested persons may submit legal briefs after the close of the hearing. The hearing officer shall allow a reasonable time, not less than 10 working days from the date of the hearing, for preparation of the briefs. The time may be extended upon agreement between the parties, with the approval of the hearing officer.

049-5 Wyo. Code R. § 5-13