Section 3-11 - Appeal of Audit Findings (a) A district aggrieved by the Department of Education's implementation or enforcement of findings made by the Department of Audit in accordance with Wyo. Stat. § 9-1-513 may request a hearing in accordance with this Chapter.
(b) The following provisions shall apply to such proceedings: - (i) In accordance with Section 5(c) of this Chapter, petitioner shall request a hearing no later than forty-five (45) days after receipt of notification by the Department of Education of audit findings. Upon good cause being shown, the State Superintendent may extend this period or grant an exception to this limitation.
- (ii) All petitions, pleading and motions shall be served upon the Department of Audit in addition to all other necessary parties.
- (iii) Within thirty (30) days after a petition is filed with the State Superintendent and served upon the Department of Audit, the Department of Audit shall transmit a certified copy of the complete record, including but not limited to, the report which contains the findings and any proposed solutions in relation to the aggrieved district, any and all correspondence between the Department of Audit and the district which relates to the findings at issue, documentation of all efforts taken by the Department of Audit to ensure the Department of Education and the district resolve any problems identified within the audit and documentation which establishes the determination of the materiality levels for findings as required by Wyo. Stat. § 9-1-513(b)(vii).
- (iv) The Department of Audit shall include a general index of the record, which identifies the documents and instruments in the record with reasonable certainty. The index shall be served upon all parties.
- (v) No adjustment or remittance of funds shall take place until a final decision is rendered by the State Superintendent in accordance with the provisions of this Chapter.
- (vi) The decision rendered by the State Superintendent in accordance with Section 9 of this Chapter, and the adjustment of future entitlements or remittance by the district of funds in accordance with this decision, shall be a final agency action and subject to judicial review in accordance with the provisions of Wyo. Stat. § 16-3-114.
206-3 Wyo. Code R. § 3-11