049-5 Wyo. Code R. § 5-3

Current through April 27, 2019
Section 5-3 - Definitions

The definitions set forth in the Wyoming Administrative Procedures Act, W.S. 16-3-101, are incorporated by reference and, for the purposes of a contested case hearing, the following definitions shall apply:

(a) "Affidavit" means a written notarized statement of facts made voluntarily under oath.

(b) "Contestant" refers to the person or person's representative bringing the complaint against the Division.

(c) "Contested case" means a proceeding by the Division in which legal rights, duties or privileges of a party are required by law or regulation to be determined by the Division.

(d) "Division" refers to the Division of Public Assistance and Social Services of the Department of Health and Social Services.

(e) "Administrator" refers to the Administrator of the Division of Public Assistance and Social Services.

(f) "Ex parte matter" refers to matters that may be heard by the hearing officer in the absence of and without notice to the adverse party.

(g) "Hearing officer" means any employee of the Attorney General's office or other individual designated by the Administrator to serve as the presiding officer at a hearing held under these rules.

(h) "Indispensable party" means any person whose joinder as a party is so important to a just resolution of the contested case that if he cannot be joined, the action should not be allowed to proceed. The hearing officer will determine who is an "indispensable party".

(i) "Person" means any individual, partnership, corporation, association, municipality, governmental subdivision, public or private organization of any character, other than an agency.

(j) "Respondent" refers to the Division of Public Assistance and Social Services and/or the state Department of Education.

(k) "WAPA" refers to the Wyoming Administrative Procedures Act, W.S. W.S. W.S. 16-3-101 through 16-3-115.

049-5 Wyo. Code R. § 5-3