Wyoming Administrative Code › Agency 040 - Game and Fish Commission › Sub-Agency 0001 - Game and Fish Commission Regulations › Chapter 28 - REGULATION GOVERNING BIG OR TROPHY GAME ANIMAL OR GAME BIRD OR GRAY WOLF DAMAGE CLAIMS › Section 28-8 - Arbitration

Current through July 13, 2024
(a) If the claimant wishes to appeal the
				Commission's decision regarding a verified claim, the claimant shall file a
				written call for arbitration with the Office of the Department within ninety
				(90) consecutive days from the date the claimant received notice of the
				Commission's decision.
(b) If the
				claimant calls for arbitration, the claimant and the Office of the Department
				shall each appoint a disinterested arbitrator within fifteen (15) consecutive
				days from the date the Office of the Department received the written call for
				arbitration.
(c) When the claimant
				and the Office of the Department appoint arbitrators, written notification of
				the name, mailing address, and telephone number of arbitrators shall be made by
				each party to the other within fifteen (15) consecutive days from the date the
				Office of the Department received the written call for arbitration.
(d) Within twenty (20) consecutive days after
				their appointment, the two (2) arbitrators shall appoint a third arbitrator.
				The two (2) arbitrators selected shall notify both the claimant and the Office
				of the Department in writing of the name, mailing address, and telephone number
				of the third arbitrator selected. If the third arbitrator is not appointed
				within this time period, the judge of the district court of the county or the
				court commissioner in the absence of the judge shall appoint the third
				arbitrator upon the application of either arbitrator.
(e) The three (3) arbitrators shall appoint a
				chairman who shall chair the Board and serve as secretary to carry out the
				correspondence of the Board.
(f) At
				least twenty (20) consecutive days before the hearing, the Board shall provide
				the claimant and the Office of the Department written notice of the time and
				place in the county when and where the testimony of the claimant and the
				Department shall be heard and the claim investigated and decided by the
				Board.
(g) Arbitration hearings
				shall be conducted as contested cases by the Office of Administrative Hearings
				or other independent hearing administrator as selected by the Department. Upon
				referral from the Department, the Office of Administrative Hearings or the
				independent hearing administrator shall have the authority to conduct the
				arbitration hearing in an impartial manner pursuant to the Wyoming
				Administrative Procedure Act, applicable provisions of the Wyoming Rules of
				Civil Procedure, and Chapters 1 and 2 of the Uniform Contested Case Rules
				adopted by the Office of Administrative Hearings (Chapter 1 effective October
				17, 2014; Chapter 2 effective July 20, 2017) and found at
http://rules.wyo.gov
hereby
				incorporated by reference but not including any later amendments or editions,
				to the extent those statutes and rules do not conflict with W.S. §
									23-1-901 or the Uniform
				Arbitration Act.
(h) Following the
				arbitration hearing, the Board shall within ten (10) consecutive days provide a
				written copy of its decision to the Office of the Department and the
				claimant.
(i) Unless otherwise
				specified in this section, the Uniform Arbitration Act, W.S. §
									1-36-101 et seq. shall apply to the
				hearing.
(j) The decision of the
				Board shall become part of the Office of the Department's file and shall be
				made part of the record in the event of an appeal of the Board's decision and
				any appeal to district court shall be conducted in conformity with the Uniform
				Arbitration Act, W.S. §
									1-36-114 (a) or
				W.S. §
									1-36-115.