Statutes, codes, and regulations
Wyoming Administrative Code
Agency 206 - Education, Dept. ofSubagency 0002 - General Agency, Board or Commission Rules
Chapter 3 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE PROCEEDINGS
Section 3-3 - Contested Case Hearings

206-3 Wyo. Code R. § 3-3

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Current through April 27, 2019
Section 3-3 - Contested Case Hearings

(a) Contested cases shall be conducted pursuant to the Office of Administrative Hearings rules, Chapter 2, Uniform Rules for Contested Case Practice and Procedure ("Uniform Rules"), which are incorporated into this chapter by reference. In doing so, the Superintendent and Board find as follows:

  • (i) Incorporating the full text of the Uniform Rules would be cumbersome and inefficient given the length and nature of the rules;
  • (ii) The incorporation is limited to the Uniform Rules adopted by the Office of Administrative Hearings and effective October 17, 2014, and shall not include any later editions of or amendments to the Uniform Rules;
  • (iii) Copies of the Uniform Rules are available to the public at the Wyoming Department of Education offices at 2300 Capitol Ave., Hathaway Bldg. 2nd Floor, Cheyenne, Wyoming 82002.
  • (iv) An electronic copy of the Uniform Rules is available at the following web address: http://soswy.state.wy.us/Rules/RULES/9644.pdf.

(b) Where a contested case hearing is required by law, an aggrieved person may file a request according to the Uniform Rules § 5(a) with the Superintendent or the Board, as applicable, within thirty (30) days of the date of the administrative decision at issue or the date of mailing of the administrative decision as evidenced by a postmark, whichever is later.

(c) The request for a hearing shall be served on the Superintendent or Board and other necessary parties. Service shall be made to the Wyoming Department of Education, 2300 Capitol Avenue, Hathaway Building, 2nd Floor, Cheyenne, Wyoming 82002-0206. Service may be made in person or by mail.

(d) A request for a contested case hearing shall include the following:

  • (i) The name, telephone number, and mailing address of the petitioner and the same information for the representing attorney;
  • (ii) A statement in ordinary and concise language of the facts and of the errors alleged to have been committed and issues that the petition is based on, including particular reference to statutory sections, contract provisions or rules, regulations, and orders involved;
  • (iii) A copy of the decision or relevant material that relates to the decision at issue;
  • (iv) The specific relief sought; and
  • (v) The signature of the petitioner and the representing attorney.

(e) The notice of hearing required under the Uniform Rules § 5(b) shall be served on each party at least thirty (30) days before the hearing date unless an expedited hearing is otherwise required by law. In that event, parties shall be served the notice of hearing as soon as practicable.

(f) The Superintendent or Board, as applicable, may appoint a hearing officer to conduct the contested case and may request that the hearing officer issue a recommended decision.

(g) If a recommended decision is requested, the recommended decision and proposed order shall be submitted to the Superintendent or Board, as applicable, no later than thirty (30) days after the end of the contested case hearing.

(h) The Superintendent or Board, as applicable, shall make and enter a written decision and order containing findings of fact and conclusions of law stated separately.

(i) The written decision issued by the Superintendent or Board shall be the final agency action and be subject to judicial review under Wyo. Stat. § 16-3-114.

206-3 Wyo. Code R. § 3-3

Amended, Eff. 10/13/2016.