049-15 Wyo. Code R. § 15-18

Current through April 27, 2019

Section 15-18 - Hearing Officer

(a) The Chairman or designee shall appoint a Hearing Officer to preside over contested case hearings on a case-by-case basis or for a scheduled period of time, as deemed appropriate.

(b) The Hearing Officer shall be any person determined by the Chairman or designee to be qualified to serve in such a capacity, who has not taken part in the investigation, preparation, or earlier disposition of the case to be heard.

(i) The Hearing Officer may withdraw from a hearing at any time a contested case is pending by filing a written notice of withdrawal with the Chairman or designee and serving all parties.

(ii) Any party may request in writing the Chairman remove and replace the Hearing Officer in a contested case. This request must be accompanied by a statement and affidavits, if appropriate, setting forth the alleged grounds for disqualification. The Chairman or designee may deny a party's request for removal and shall issue a written statement explaining the grounds for denial which shall be made a part of the record. If the request is granted, the Chairman or designee shall appoint a new Hearing Officer as soon as is practicable.

(iii) The party requesting the hearing may object to the appointment of the Hearing Officer on the record at the hearing. The objection shall set forth the alleged grounds for disqualification.

(c) The Hearing Officer shall have all powers necessary to conduct a fair and impartial hearing, including but not necessarily limited to, the following authority:

(i) To administer oaths and affirmations;

(ii) To subpoena witnesses and require the production of any books, papers or other documents relevant or material to the inquiry;

(iii) To rule upon offers of proof and relevant evidence;

(iv) To provide for discovery and determine its scope;

(v) To regulate the course of the hearing;

(vi) To hold conferences for the settlement or simplification of the issues;

(vii) To dispose of procedural requests or similar matters; and

(viii) To take any other action authorized by the Department's rules.

(d) Failure or refusal to appear or obey orders of the Hearing Officer may result in the sanctions provided in W.S. § 16-3-107(c) and (f).

(e) Except to the extent authorized by W.S. § 16-3-111 or by other state law, a party or that party's attorney shall not communicate directly or indirectly in connection with any issue of fact or law with the Hearing Officer or any member of the Board concerning any pending case, except upon notice and opportunity for all parties to participate. Should ex parte communication occur, the Hearing Officer or the Board member contacted shall advise all parties of the communication as soon as possible thereafter, and if requested, allow any party the opportunity to respond. If a Board member needs counsel regarding the hearing, he/she shall contact the Attorney General's office. If the individual requesting the hearing needs counsel, he/she shall be encouraged to contact the Wyoming State Bar or a private attorney.

049-15 Wyo. Code R. § 15-18