049-5 Wyo. Code R. § 5-5

Current through April 27, 2019
Section 5-5 - Notice of Hearing

(a) In any contested case, the Administrator shall afford reasonable notice of the hearing to all parties.

  • (i) Reasonable notice, as used in this Section, shall be not less than 20 days prior to the hearing date. The time period specified herein may be waived by the contestant upon written or oral notification to the Administrator. Where notification of waiver is made orally, it shall be reduced to writing by the Administrator and entered in the contestant's record.
  • (ii) Notice shall be served personally or by certified mail to the last known address of the party.
  • (iii) Where the necessary and indispensable parties are composed of a large class, notice shall be:
    • (A) Served upon a reasonable number of representatives of the class; or
    • (B) Published in newspaper(s) of the state in reasonable numbers and times, and at a minimum in the county in which the contestant resides, and in at least one newspaper with statewide circulation. In any county in which more than one newspaper is published, notice shall be published in the official paper of the county designated pursuant to W.S. 18-3-517.

(b) A notice of the hearing shall contain, at least: the time, place and nature of the hearing; the legal authority and jurisdiction under which the hearing is being held; the particular sections of the statutes or rules involved; a short and plain statement of the matters asserted; the docket number assigned to the case; and the right to be represented by an attorney.

  • (i) If the respondent is unable to state the matters in detail at the time notice is served, the initial notice may be limited to a statement of the issues involved and thereafter, upon request of any party, a more definite and detailed statement shall be furnished within 10 days of receipt of that request by the party.
  • (ii) Upon request by the party served, the Administrator or his/her designee shall, upon a showing of good cause, allow the party an alternative time and place for the hearing, provided such request is made within 10 days of the receipt of the notice of hearing. When such a request is granted, the Administrator or his/her designee shall reissue the notice in accordance with these rules, except that reasonable notice as used in this subsection shall be five days prior to the hearing date.
    • (A) Only one request for rescheduling of a hearing shall be honored unless, in the Administrator's judgment, additional changes must be allowed to avoid manifest injustice. Notice shall be issued as provided above.
    • (B) A hearing shall be held within 90 days of the agency action that gives rise to the complaint, unless otherwise provided by law.

049-5 Wyo. Code R. § 5-5