Statutes, codes, and regulations
Wyoming Administrative Code
Agency 053 - Workforce Services, Department ofSubagency 0018 - Unemployment Insurance
Chapter 31 - APPEAL HEARINGS
Section 31-8 - Subpoenas and Orders for Production of Information or Objects

053-31 Wyo. Code R. § 31-8

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Current through April 27, 2019
Section 31-8 - Subpoenas and Orders for Production of Information or Objects

(a) Any member of the commission, the chairman of an appeal tribunal, an appeals examiner, or a division administrator and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official accounts, and issue subpoenas to compel the attendance of witnesses and the production of book, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or investigation into employer coverage or liability.

(b) Subpoenas and other orders for the production of documents issued by the division or its agents may be served by certified mail or delivery by the county sheriff or the division's agents. Such subpoena or order for production of documents is considered served when delivered to or received by the person named therein, his attorney, his agent, a member of his household of the age of fourteen years or older residing therein, or the person in charge of any of his places of business at the time of delivery.

(c) A person who objects to obeying such a subpoena shall file an objection in writing with the division agent who issued the subpoena and send a copy to the parties prior to the compliance date. Such objection shall state the grounds for objecting. Any grounds not stated may be deemed waived. The division agent may rule on the objection based on the facts stated therein, may hold a hearing and rule on the objection, or may informally try to get the persons involved to resolve the matter. The ruling may direct that the subpoena be obeyed in whole or part, or may quash the subpoena. The hearing on the issue that created the appeal may be held in abeyance pending resolution of the objection to the subpoena, or may proceed.

(d) Witnesses subpoenaed for any hearing before an appeal tribunal or the division shall, upon written request within 30 days of the hearing, be paid witness and mileage fees by the commission in accordance with the following schedule: For attending, twenty percent of the maximum weekly benefit amount rounded to the nearest dollar per 8 hours and ten percent of the weekly benefit amount rounded to the nearest dollar per 4 or fewer hours, including driving time; for each mile actually and necessarily traveled in going to and returning from place of hearing, the mileage rate paid to State employees when they travel on official business. Any additional compensation for a witness is not the responsibility of the division.

(e) Orders for supplying information from the records of the division to a claimant or employer or his representative, to the extent necessary for the proper litigation of a benefit claim, shall issue upon written application therefore, setting forth the information required thereby. All applications for information from records of the division shall state, as nearly as possible, the nature of the information desired.

(f) In all cases where an application to supply a claimant or his representative with information from the records of the division is granted, the party shall be furnished with a copy of such information.

(g) Representation Before Appeal Tribunals and the Commission.

  • (i) Any individual may appear for himself in any proceeding before any appeal tribunal and the commission. Any partnership may be represented by any of its members or a duly authorized representative. Any corporation or association may be represented by an officer or a duly authorized representative.
  • (ii) Any party may appear by an attorney at law admitted to practice before any appeal tribunal or the commission, or by any other person who is qualified to represent others.
  • (iii) Attorneys at law who are admitted to practice before the highest court of this State, or the highest court of any state or territory of the United States, may practice before any appeal tribunal and the commission.
  • (iv) The division and the commission, in its discretion, may refuse to allow any person to represent others in any proceeding before it who it finds is guilty of unethical conduct or who intentionally and repeatedly fails to observe the provisions of the Wyoming Employment Security Law or the rules and instructions of the commission.

053-31 Wyo. Code R. § 31-8