206-3 Wyo. Code R. § 3-8

Current through April 27, 2019

Section 3-8 - General Procedure

(a) The State Superintendent or the presiding officer shall:

• (i) Examine the petition, notify the petitioner of any apparent errors or omissions, and request any additional information deemed necessary;

• (ii) Dismiss any petition not timely filed, except in instances where the State Superintendent determines good cause has been shown and an exception is necessary;

• (iii) Assign the contested case a docket number and schedule the commencement of contested case proceedings in accordance with the Wyoming Administrative Procedures Act;

• (iv) Establish a separate file for each docketed contested case in which all papers, pleadings, documents, transcripts, evidence and exhibits pertaining thereto shall be filed. All items contained in this file shall contain the assigned docket number.

• (v) Upon docketing, take appropriate action towards the ultimate decision, which may include, but is not limited to, scheduling informal conferences, pretrial hearings, motions hearings, settlement conferences and a contested case evidentiary hearing.

(b) Each party may be ordered to file with the presiding officer and serve upon the other parties a preliminary statement or joint preliminary statement. The parties shall be afforded at least thirty (30) days for the preparation and filing of any preliminary statement. Unless otherwise ordered, the statement shall set forth:

• (i) A brief summary of the contentions of the party;

• (ii) Significant facts about which there is no genuine issue (these may be admissions by stipulation);

• (iii) Contested issues of fact remaining for decision;

• (iv) Contested issues of law to be determined at the hearing. The parties may include memorandums of law on significant legal issues the parties wish to call to the attention of the presiding officer;

• (v) The names, addresses, and a brief description of the testimony of each witness the party intends to present at the hearing;

• (vi) A list and copies of all exhibits to be introduced. This does not foreclose the ability to introduce exhibits which become available at a later date; and,

• (vii) Estimated time required for the hearing.

(c) The taking of depositions and discovery shall be available to the parties in accordance with the provisions of Rules 26 and 28 through 37 (excepting 37(b)(1) and (2)(D) there from) of the Wyoming Rule of Civil Procedure.

(d) Upon application the presiding officer shall issue a subpoena requiring the appearance of witnesses for the purpose of taking evidence or requiring the production of any books, papers or other documents relevant or material to inquiry in accordance with Wyo.Stat. § 16-3-107(d).

(e) Motions shall be in writing and state the grounds and the relief sought. Prior to filing a motion for dismissal, default, or compliance with discovery procedures the moving party shall make reasonable good faith efforts to discuss the content and purpose of the motion, such efforts should be documented in writing and attached to the motion. Response to a motion shall be made within fifteen (15) days of service of the motion. All motions and responses shall be filed with the State Superintendent and the presiding officer, is applicable, and served upon all parties.

(f) All parties shall be permitted to file a brief with the presiding officer.

(g) Oral argument shall be allowed at the discretion of the presiding officer.

(h) Except to the extent authorized by law, a party or that party's attorney shall not communicate, directly or indirectly, in connection with any issue of fact or law with the presiding officer concerning any pending case, except upon notice and opportunity for all parties to participate. Should ex parte communications occur, the presiding officer shall advise all parties of the communication as soon as possible thereafter, and if requested, allow any party an opportunity to respond.

(i) The record of the contested case shall include:

• (i) All formal and informal notices, pleadings, motions and intermediate rulings;

• (ii) Evidence received or considered including matters officially noticed;

• (iii) Questions and offers of proof, objections and rulings thereon;

• (iv) Any proposed findings and exceptions thereto;

• (v) Any opinion, findings, decision or order of the State Superintendent and any report by the presiding officer of the hearing.

(j) Proceedings, including all testimony, shall be reported verbatim stenographically or by any other appropriate means determined by the Agency or the officer presiding at the hearing.

(k) The losing party shall be responsible for all reasonable costs associated with conducting the contested case hearing, excluding any attorneys' fees.

206-3 Wyo. Code R. § 3-8