206-3 Wyo. Code R. § 3-9

Current through April 27, 2019
Section 3-9 - Decisions and Final Agency Action

(a) The State Superintendent shall make and enter a written decision and order containing findings of fact and conclusions of law stated separately.

(b) The findings of fact shall be based exclusively on the evidence and matters officially noticed. Technical or scientific facts within the State Superintendent's specialized knowledge may be considered in making a final determination.

(c) Findings of fact shall be made on all material issues and ultimate facts.

(d) The written decision shall be filed with the State Superintendent and will, without further action, become the decision and order as a result of the hearing.

(e) All written decisions and orders shall be served upon all parties upon formal filing of the State Superintendent with the Department.

(f) If the State Superintendent acts as the presiding officer over the contested case proceeding, he/she shall have sixty (60) days from the end of the hearing to issue a written decision and order. If a presiding officer is appointed by the State Superintendent, the State Superintendent shall have thirty (30) days from receipt of the recommended decision and proposed order to enter a final decision in accordance with this Section.

(g) In the event a recommended decision is rendered by a designee, all parties shall be afforded a reasonable opportunity to file exceptions thereto which shall be deemed a part of the record.

(h) The decision rendered in accordance with this Section shall serve as the final decision of the State Superintendent and shall be subject to judicial review in accordance with Wyo. Stat. § 16-3-114.

206-3 Wyo. Code R. § 3-9