(a) Except as may be otherwise ordered by the Hearing Officer, the Department bears the burden of proof in cases where an existing license was suspended, revoked, or denied a renewal. The Petitioner shall bear the burden of proof in instances where an initial license was denied. The burden of proof shall be by a preponderance of the evidence.
(b) Admissibility of evidence - (i) The parties shall be entitled to present any oral or documentary evidence, submit rebuttal evidence and conduct cross-examinations, as may be required for a full disclosure of the facts.
- (ii) All documentary or physical evidence submitted for consideration shall be marked as exhibits. Petitioner's exhibits shall be marked by letters of the alphabet beginning with "A". Respondent's exhibits shall be marked by numbers beginning with "1".
- (iii) The Hearing Officer shall allow any oral or documentary evidence. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. Hearsay is admissible.
- (iv) Evidence may be received in written form, yet if such written evidence would not be admissible under the Wyoming Rules of Evidence, all parties should be afforded a reasonable opportunity to confront and cross-examine the author of the written evidence. Generally, such a reasonable opportunity is afforded by giving all parties written notice of the intent to introduce and rely upon the written evidence a reasonable period of time prior to the scheduled evidentiary hearing.
(c) Objections - (i) The grounds for objection to any evidentiary ruling by the Hearing Officer shall be briefly stated. Rulings on all objections shall appear in the record.
- (ii) Formal exception to an adverse ruling is not required.
(d) Privileged and confidential information - (i) Any privilege at law shall be recognized by the Hearing Officer in considering evidence.
- (ii) No employee of the Department shall be compelled to testify or to divulge information which is confidential or privileged at law and which is contained within the records of the Department or acquired within the scope of employment except as provided in W.S. § 16-3-107.
(e) Administrative notice may be taken of any material fact not appearing in evidence in the record that is of the nature of traditional matters of judicial notice or within the special technical knowledge or files of the Department. Parties shall be given an opportunity to contest matters administratively noticed prior to a final decision by the Department in accordance with W.S. § 16-3-108.
(f) Each witness who is present to give testimony must identify himself or herself by stating his or her name and address; indicate on whose behalf he or she will testify; and be administered an oath by affirmation by the Hearing Officer.
(g) At the discretion of the Hearing Officer, telephone calls may be used to conduct any hearing or other proceeding. At the discretion of the Hearing Officer, parties or their witnesses may be allowed to participate in hearings by telephone.
049-15 Wyo. Code R. § 15-20