049-5 Wyo. Code R. § 5-16

Current through April 27, 2019

Section 5-16 - Transcripts and Record

(a) When a contested case is set for hearing, the Administrator or his/her designee shall assign a docket number to each case and enter the case with its number and date of filing in a docket book maintained by the Administrator or his/her designee. The Administrator or his/her designee shall maintain a separate file for each docketed case in which all pleadings, transcripts, correspondence, papers and exhibits for that case shall be maintained. All such items shall have noted thereon the assigned docket number and the date of filing.

(b) The Division shall record all contested case proceedings electronically, through the use of a qualified court reporter or any other appropriate means determined by the agency or the hearing officer. Transcriptions of oral proceedings or written transcripts of a witness' testimony may be obtained by the contestant upon payment of the cost.

(i) In a nonpublic investigatory proceeding, requests for copies or transcripts may be limited to testimony of the requesting party.

(ii) Where the contestant can demonstrate that he/she is indigent and cannot effectively perfect his/her appeal without such transcription, the Division may waive the payment of the fee.

(c) The record of the hearing shall contain:

(i) All formal or informal notices, pleadings, motions, intermediate rulings;

(ii) Evidence received or considered, including matters judicially noticed;

(iii) Questions and offers of proof, objections and rulings;

(iv) Any proposed findings and exceptions thereto; and

(v) The report of the hearing officer to the Administrator and the final decision of the Administrator.

049-5 Wyo. Code R. § 5-16