(a) For purposes of this section, the functions of the Chairman of the Board and the Board may be exercised by a presiding officer appointed pursuant to Section 9 of this Chapter. Where oral arguments are ordered, the time for the presentation of the oral arguments may be limited. As nearly as possible, where evidence is presented, hearings shall be conducted in accordance with the following order of procedure: - (i) The Chairman of the Board shall conduct the hearing, shall announce that the hearing is convened and shall indicate the docket number and title of the appeal to be heard. The Chairman shall then read or summarize the case notice and shall note for the record all subpoenas issued and all appearances of record;
- (ii) The Chairman of the Board shall then take up any motions or preliminary matters to be heard;
- (iii) Opening statements will be heard at the discretion of the Board;
- (iv) Unless otherwise directed by the Chairman or hearing officer, the Petitioner, or his designated agent, or his attorney, then shall present his evidence after which the Director of the Department, or his designee or attorney, shall present his evidence. Evidentiary issues shall be governed by W.S. 16-3-108. All testimony shall be under oath or affirmation. Any part of the evidence may be received in written form if doing so will facilitate the hearing without substantial prejudice to the interests of any party. Parties shall make every effort to disclose to the opposing party within a reasonable time before the hearing any intention to introduce and rely upon written evidence. Documentary evidence may be received in the form of a copy or excerpt. Upon request, parties shall be given an opportunity to compare the copy with the original if available. The members of the Board may ask questions of any party or any witness for the purpose of clarifying their understanding of the case;
- (v) Closing statements may be made at the conclusion of the presentation of evidence by the parties. These statements may include summaries of the evidence and legal arguments.
(b) The Board may order the parties to submit proposed findings of fact and conclusions of law at a time and in a format specified by the Board.
(c) After all proceedings have been concluded, the Board shall dismiss and excuse all parties and declare the hearing closed. The Board may announce a tentative decision prior to taking the case under advisement. The Board shall advise the parties that the final decision of the Board shall be announced within due and proper time following consideration of all matters presented at the hearing. The Board may request parties to submit supplemental briefs after the hearing is closed and during consideration of the case.
211-2 Wyo. Code R. § 2-18