053-6 Wyo. Code R. § 6-11

Current through April 27, 2019

Section 6-11 - Consent Findings and Rules or Orders in Contested Case Hearings

(a) General. At any time before the introduction of evidence in any contested case hearing, or during any such hearing, a reasonable opportunity may be afforded to permit negotiation by the parties of an agreement containing consent findings and a rule or order disposing of the whole or any part of the proceeding. Such opportunity and the duration thereof shall be at the discretion of the hearing officer, after consideration of the nature of the proceeding, the requirements of the public interest, the representations of the parties, and the probability of an agreement which will result in a just disposition of the issues involved.

(b) Contents. Any agreement containing consent findings or orders disposing of a proceeding shall also provide:

• (i) That the finding or order shall have the same force and effect as if made after a full hearing;

• (ii) That the entire record on which any finding or order may be based shall consist solely of the application and agreement;

• (iii) A waiver of any further administrative procedural steps; and

• (iv) A waiver of any right to challenge or contest the validity of the findings and of the rule or order made in accordance with the agreement.

(c) Submission. On or before the expiration time granted for negotiations, the parties or their counsel may:

• (i) Submit the proposed agreement to the hearing officer for his consideration; or

• (ii) Inform the hearing officer that agreement cannot be reached.

(d) Disposition. In the event an agreement containing consent findings and rule or order is submitted within the time allowed therefore, the hearing officer may accept such agreement by issuing his decision based upon the agreed findings.

053-6 Wyo. Code R. § 6-11