Statutes, codes, and regulations
Wyoming Administrative Code
Agency 053 - Workforce Services, Department ofSubagency 0014 - OSHA - Practice & Procedure
Chapter 6 - INFORMAL CONFERENCES, HEARINGS & CONTESTED CASES
Section 6-13 - Order of Procedure in Contested Case Hearing

053-6 Wyo. Code R. § 6-13

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Current through April 27, 2019
Section 6-13 - Order of Procedure in Contested Case Hearing

(a) The Department shall have the burden of proof in all cases in which Department action is contested. The employer shall have the burden to produce evidence of any affirmative defense it may have to any Department action. Department action includes, but is not limited to, issuance of a Citation and Notification of Penalty and amendments to a Citation and Notification of Penalty.

(b) Evidence.

  • (i) Admissibility. A party shall be entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct cross-examination. Any oral or documentary evidence may be received, but the hearing officer shall exclude evidence which is irrelevant, immaterial, or unduly repetitious.
  • (ii) Objections. If a party objects to the admission or rejection of any evidence, or to the limitation of the scope of any examination or cross-examination, or to the failure to limit such scope, he shall state briefly the grounds for such objection. Rulings on all objections shall appear in the record. Only objections made before the hearing officer may be relied upon subsequently in a proceeding.
  • (iii) Exceptions. Formal exception to an adverse ruling is not required.

(c) Official notice. The hearing officer may take official notice of judicially cognizable facts including technical or scientific facts within the agency's specialized knowledge or of information, data and material included within the agency's files. The parties shall be given adequate notice, either before, during, or after the hearing, but before the agency decision, of material facts noticed and shall be afforded an opportunity to contest the facts noticed.

(d) Order of procedure at hearing. Hearings should be conducted in the following order or procedure:

  • (i) The hearing officer shall announce that the bearing is open and call by docket number and title the case to be heard.
  • (ii) The department will be allowed an opening statement.
  • (iii) The contestant will be allowed an opening statement.
  • (iv) Any additional parties will be allowed an opening statement.
  • (v) The Department's evidence will be heard. Witnesses may be cross-examined by the contestant or his attorney. The Department's exhibits will be marked by letters of the alphabet beginning with "A".
  • (vi) The evidence of the contestant will be heard, and exhibits of such contestant will be marked with numbers beginning with "1". The Department shall have the right to cross-examine all witnesses presented by the contestant.
  • (vii) The Department may offer rebuttal evidence.
  • (viii) The hearing officer, in his discretion, may allow evidence to be offered out of order.
  • (ix) Closing statements will be made in the following sequence:
    • (A) Department
    • (B) Contestant
    • (C) Department in rebuttal
    • (D) Time for oral argument may be limited by the hearing officer.
  • (x) The hearing officer may recess the hearing as required.
  • (xi) After all interested parties have been offered an opportunity to be heard, the hearing officer shall excuse all witnesses and declare the evidence closed. The evidence of the case may be reopened at a later date, for good cause shown, by order of the hearing officer upon motion of any party to the proceeding.
  • (xii) Parties may tender briefs, or the hearing officer may call for such briefs as may be desirable.
  • (xiii) The hearing officer may take the matter under advisement with the final decision and order of the Commission to be announced at a later date.

(e) Witnesses to be sworn. All individuals testifying at any contested case hearings before the hearing officer shall stand and be administered the following oath by the hearing officer: "Do you swear (or affirm) to tell the truth, the whole truth, and nothing but the truth, so help you God?" No testimony will be received from a witness except under such oath or affirmation.

(f) Applicable rules of civil procedure. The rules of practice and procedure contained in the Rules of Civil Procedure of the State of Wyoming, as applicable, shall apply in all hearings before the hearing officer.

(g) Attorneys. The filing of a pleading or other appearance by an attorney constitutes his appearance for the party for whom made. The hearing officer must be notified in writing of the attorney's withdrawal from any matter. Only an individual appearing before the hearing officer or Commission in a representative capacity or his attorney, if licensed to practice law in the State of Wyoming, or a nonresident attorney associated with a Wyoming attorney, shall be allowed to examine or cross-examine any witness. The hearing officer shall determine if a representative capacity exists.

(h) Transcript. Hearings shall be electronically recorded or stenographically reported. Copies of the transcript may be obtained by the parties upon written application filed with the Department, and upon payment of fees at the rate provided by the Department, or, where stenographically reported, upon written application filed with the reporter and upon payment of fees at the rate provided in the agreement with the reporter. At the request of either party, a reproduction of the electronic recording may be purchased from the Department in lieu of a transcript of the hearing, upon payment of fees at the rate provided by the Department.

053-6 Wyo. Code R. § 6-13