(a) Employer and employee contests to the Commission. - (i) Any employer to whom a Citation and Notification of Penalty has been issued may, notify the Program Manager in writing that he intends to contest a violation, abatement period or proposed penalty written in the Citation and Notification of Penalty. A notice of contest shall be postmarked within fifteen (15) working days of receipt of the Citation and Notification of Penalty by the employer. Every notice of contest shall specify whether it concerns the violation, the abatement period or the proposed penalty for a violation or all inclusive.
- (ii) Any employee or representative of employees of an employer to whom a Citation and Notification of Penalty has been received may, file a written notice with the Program Manager alleging that the period of time fixed in the Citation and Notification of Penalty for the abatement of the violation is unreasonable. Such notice shall be postmarked within fifteen (15) working days of the receipt by the employer of the Citation and Notification of Penalty. In discrimination cases, the employee shall have the right to contest the terms of the abatement as well as the time allowed for abatement. The employee shall also have the right to appeal a decision of the Commission for judicial review.
- (A) The procedures for employee contest or appeal of the above cited cases shall be the same as that provided the employer.
- (iii) The Chairman of the Commission shall require that action be taken to provide for an independent hearing officer to hear the contested case.
(b) The Program Manager shall contract with an independent hearing officer to hear all contests of violations, proposed penalty or abatement periods for violations,. The hearing officer shall be a qualified member of the bar of Wyoming and may not be an employee of the office of the attorney general or the Department or a member of the Commission. - (i) The employer shall have the right to contest the alleged violation, abatement period or proposed penalty for violation as written in the Citation and Notification of Penalty.
- (ii) The employee or the employee representative shall have the right to contest the abatement period as stated in the notice of violation Citation and Notification of Penalty and to participate in any hearings concerning such abatement period.
- (iii) The hearing shall be held as soon after receiving the letter of contest and in a city as near the site of occurrence as practicable.
- (iv) All hearings shall be conducted pursuant to the Wyoming Administrative Procedure Act. The hearing officers have the powers specified in W.S. 16-3-112(b). The hearing officer shall make written findings of fact and conclusions of law in each contested case.
- (v) The hearing officer shall recommend a decision to the Commission. The decision of the Commission is the final administrative decision. A party adversely affected by a decision of the Commission may appeal to the district court in the county where the violation occurred.
(c) The hearing officer shall be governed by the provisions of the Act, the Wyoming Administrative Procedure Act and shall have the powers specified in W.S. W.S. 16-3-112(b).
(d) Nothing contained in these Rules of Practice and Procedure, the Administrative Procedure Act, or the Act shall be construed as requiring any party (including a corporation) to be represented by an attorney-at-law.
(e) The hearing officer shall hear all contested cases referred by the Program Manager. - (i) The hearing officer shall, within thirty (30) calendar days after closing each contested case, submit written findings of fact, conclusions of law and a recommended decision to the Commission.
(f) At the next regularly scheduled meeting, or any special meeting of the Commission, the Commission shall consider each contested case file as listed on the meeting agenda. - (i) Each contested case file shall contain a record of the hearing and the hearing officer's findings of fact, conclusions of law and recommended decision.
- (ii) The Commission shall have the power to accept, amend or overturn the recommended decision of the hearing officer.
(g) After due and proper consideration of the contested case, the Commission shall render its decision. The decision of the Commission shall be the final administrative decision. - (i) Each party shall receive written notice of the decision of the Commission.
- (ii) A party adversely affected by a decision of the Commission may appeal to the district court in the county where the violation allegedly occurred.
- (iii) When the Department's findings are upheld by the Commission or where modification is made by the Commission, the Program Manager shall wait for a period of thirty (30) calendar days, during which time the employer may appeal the decision of the Commission. When at the end of the thirty (30) calendar day period no notice of appeal is received, and when no letter of abatement or notification of settlement of the proposed penalty is received, the Program Manager shall forward the case to the Attorney General or his representative.
- (A) In cases where the Citation and Notification of Penalty alleges a criminal violation and proposed penalty, the Attorney General or his representative shall forward the case to the appropriate County Attorney for prosecution.
- (B) In cases where the Citation and Notification of Penalty alleges a civil violation and proposed penalty, the Attorney General or his representative shall take appropriate action.
- (iv) When the Commission determines that the employer has in fact not violated the Act, these Rules of Practice and Procedure, or any rule, regulation or order of the Commission, the Program Manager may consult with the Attorney General or his representative to determine if the Department should appeal the decision of the Commission to the District Court.
(h) In the event the employer or the Department desires to appeal the decision of the Commission to the district court, the employer or the Department may appeal said Commission decision within thirty (30) calendar days of the receipt of the decision of the Commission.