055-5 Wyo. Code R. § 5-22

Current through April 27, 2019
Section 5-22 - Evidence

(a) The hearing officer or Commission shall rule on the admissibility of evidence in accordance with the following:

  • (i) evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.
  • (ii) evidence may be offered through witness testimony or in documentary form;
  • (iii) testimony shall be given under oath administered by the hearing officer. Deposition testimony and other prefiled testimony may be submitted as evidence, provided the testimony is given under oath administered by an appropriate authority, and is subject to cross-examination by all parties;
  • (iv) the rules of privilege recognized by Wyoming law shall be given effect; and
  • (v) a hearing officer or Commission may take administrative notice of judicially cognizable facts, provided the parties are properly notified of any material facts noticed.

(b) Each party shall have the opportunity to cross-examine witnesses. The hearing officer or Commission may allow cross-examination on matters not covered on direct examination.

(c) The hearing officer, the hearing panel, agency staff, or other persons delegated to do so by the hearing officer or hearing panel, when applicable, may ask questions of any party or witness.

055-5 Wyo. Code R. § 5-22

Adopted, Eff. 1/22/2018.