reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-14 - Meeting of Council and Advisory Boards

Current through July 13, 2024
(a) All meetings of
				the Council and the Advisory Board shall be conducted in accordance with
				Robert's Rules of Order.
(b) The
				four regular meetings of the Council and the Advisory Boards required by
				W.S.
				35-11-113 and W.S. 35-11111(d) of the Act
				shall be called by the Chairman after consultation and coordination with the
				Administrator or Director, respectively.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-15 - Contested Water Discharge Permit Hearings

Current through July 13, 2024
Members of the Environmental Quality Council who do not
				  comply with the requirements set forth in
				  40 C.F.R.
				  123.25 (July 2003) shall recuse themselves
				  from contested case proceedings in which the approval of a surface water
				  discharge permit, or portions of a permit, is being considered by the
				  Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-16 - Air Quality Division, State Implementation Plan

Current through July 13, 2024
(a) The following
				are the only requirements in these procedural rules that are part of the Air
				Quality Division's State Implementation Plan:
(i) The Council shall have at least a
				majority of members who represent the public interest and do not derive a
				significant portion of their income from persons subject to Air Quality permits
				or enforcement orders, as required by the Clean Air Act, Section 128(a)(1),
				42
				U.S.C. §
											7428(a)(1);
(ii) Members of the Council shall
				disclose any potential conflicts of interest in a public meeting of the
				Council, as required by the Clean Air Act, Section 128(a)(2),
				42
				U.S.C. §
											7428(a)(2).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-17 - Appeals to Council

Current through July 13, 2024
(a) Unless
				otherwise provided by these Rules or the Environmental Quality Act, all appeals
				to Council from final actions of the Administrators or Director shall be made
				within sixty (60) days of such action.
(b) Within 30 days after notification of any
				administrative decision following an informal conference relating to a surface
				coal mining operation, the applicant or any person with an interest which is or
				may be adversely affected may appeal the decision to the Council for a hearing
				in accordance with Chapters I and II. The Council shall make a final written
				decision within thirty (30) days after the hearing and furnish the decision to
				the applicant and all parties to the hearing.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-1 - Purpose and Scope

Current through July 13, 2024
These rules are promulgated with the intent to adopt as much
				  of the Chapter 2 Rules for Contested Case Practice and Procedure before the
				  Office of Administrative Hearings (OAH Rules) adopted under
				  W.S.
				  16-3-102(d) as is consistent
				  with the specific and distinct requirements of the Department and the Council
				  and applicable law. These rules shall govern all contested case proceedings
				  before the Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-2 - Applicability of the Wyoming Rules of Civil Procedure

Current through July 13, 2024
The Council shall conduct all contested case hearings with
				  reference to the Wyoming Rules of Civil Procedure. Section 26 of this chapter
				  specifically incorporates Rules 11, 12(b)(6), 24, 45, 52, 56, and 56.1 of the
				  Wyoming Rules of Civil Procedure.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-3 - Informal Proceedings and Alternative Dispute Resolution

Current through July 13, 2024
(a) Parties to a
				contested case are encouraged to resolve the contested case through settlement,
				mediation, arbitration, or other means throughout the duration of a contested
				case. If the parties choose to engage in mediation or arbitration, they shall
				file a joint request for continuance pending outcome of the mediation or
				arbitration. If the parties choose to engage in informal settlement
				discussions, they may file a joint request for continuance pending outcome of
				the informal settlement discussions.
(b) With the consent of all parties, the
				hearing officer may assign a contested case to a mediating hearing officer on
				limited assignment for the purpose of nonbinding alternative dispute resolution
				methods. Such methods shall be conducted in accordance with the procedures
				prescribed by the mediating hearing officer.
(c) Parties shall promptly notify the hearing
				officer of all settlements, stipulations, agency orders, or other action
				eliminating the need for a contested case hearing. The hearing officer shall
				forward such notice to the Council. Upon such notice, the Council shall enter
				an order dismissing the case.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-4 - Initiation of Contested Case

Current through July 13, 2024
(a) All persons
				requesting a contested case hearing or protesting a permit shall file the
				original written petition with the Council and serve additional copies to the
				Director of the Department and any other parties.
(i) A person initiating a contested case
				shall serve the petition by registered mail, return receipt requested.
				Thereafter, all service shall be proved in accordance with the Wyoming Rules of
				Civil Procedure.
(ii) Where a
				person is objecting to a permit, service of all documents shall include the
				permit applicant when serving the petition and all other pleadings and
				motions.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-5 - Filing and Service of Papers

Current through July 13, 2024
(a) In all
				contested case proceedings, the parties shall file all original documents,
				pleadings, and motions with the Council and serve all other parties with true
				and correct copies of the particular document, pleading, or motion. The
				original and all copies shall be accompanied by a certificate of service. The
				Council shall maintain the complete original file, and all parties and the
				hearing officer shall be provided copies of all contested case documents,
				pleadings, and motions contained therein.
(b) Filing and service under this rule shall
				be made by hand delivery, U.S. mail transmittal to the last known address, or
				electronically uploaded to the relevant docket at
http://wyomingeqc.wyo.gov/
.
				Where all parties have not consented to receive electronic service, the party
				electronically filing shall otherwise serve the documents to the parties who
				have not consented to receive electronic service. Parties may file by means
				other than those described in this Section upon approval from the hearing
				officer.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-6 - Referral to Office

Current through July 13, 2024
(a) Upon referral
				to the Office to conduct a contested case in accordance with
				W.S.
				35-11-112(a), the Council
				shall transmit to the Office copies of appropriate documents reflecting the
				dispute and the basis thereof, including any written challenge(s) initiating
				the contested case and a reference to applicable law.
(b) The Council shall submit a transmittal
				sheet, on a form provided by the Office, sufficiently identifying the contested
				case, including:
(i) The name of the known
				parties and their attorneys or representatives;
(ii) A concise statement of the nature of the
				contested case;
(iii) Notification
				of any time limits for the setting of a hearing or entry of a decision,
				location requirements, and anticipated special features or unique requirements;
				and
(iv) Certification by an
				authorized officer of the Council that all parties have been properly served
				with a true and complete copy of the transmittal form.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-7 - Designation and Authority of Hearing Officer; Recusal

Current through July 13, 2024
(a) The Chair may
				refer, assign, or designate a hearing officer to preside over any contested
				case unless otherwise provided by law. When appropriate under applicable law
				and at the Council's request, the hearing officer may provide a recommended
				decision.
(b) At any time while a
				contested case is pending, a hearing officer or Council member may withdraw
				from a contested case by filing written notice of recusal or entering a verbal
				notice of recusal into the record. As soon as the notice of recusal is entered,
				the recused hearing officer or Council member shall not participate in the
				contested case.
(c) Upon motion of
				any party, recusal of a hearing officer or Council member shall be for cause.
				Whenever the grounds for such motion become known, any party may move for
				recusal of a hearing officer or Council member on the ground that the hearing
				officer or Council member:
(i) Has been
				engaged as counsel in the action prior to being appointed as hearing
				officer;
(ii) Has a material
				interest in the outcome of the action;
(iii) Is related by consanguinity to a
				party;
(iv) Is a witness in the
				action;
(v) Is biased or prejudiced
				against the party or the party's attorney or representative; or
(vi) Any other ground provided by
				law.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-8 - Appearances and Withdrawals

Current through July 13, 2024
(a) A party,
				whether it be an individual, corporation, partnership, governmental
				organization, or other entity may appear through an attorney or representative.
				An individual may represent himself/herself. An individual or entity seeking to
				intervene in a contested case under Rule 24 of the Wyoming Rules of Civil
				Procedure may appear through an attorney or representative prior to a ruling on
				the motion to intervene.
(b) Prior
				to withdrawing from a contested case, an attorney shall file a motion to
				withdraw. The motion for an attorney's withdrawal shall include a statement
				indicating the manner in which notification was given to the client and setting
				forth the client's last known address and telephone number. The hearing officer
				shall not grant the motion to withdraw unless the attorney has made reasonable
				efforts to give actual notice to the client that:
(i) The attorney wishes to
				withdraw;
(ii) The client has the
				burden of keeping the hearing officer informed of the address where notices,
				pleadings, or other papers may be served;
(iii) The client has the obligation to
				prepare, or to hire another attorney or representative to prepare, for the
				contested case and the dates of proceedings;
(iv) The client may suffer an adverse
				determination in the contested case if the client fails or refuses to meet
				these burdens;
(v) The pleadings
				and papers in the case shall be served upon the client at the client's last
				known address; and
(vi) The client
				has the right to object within fifteen (15) days of the date of
				notice.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-9 - Intervention

Current through July 13, 2024
(a) Any person
				interested in obtaining the relief sought by a party or otherwise interested in
				the determination of a proceeding, other than surface coal mining operations
				pending before the Council, may file a motion to intervene before or at the
				hearing, but not thereafter except for good cause shown. The motion shall set
				forth the grounds of the proposed intervention, the position and interest of
				the petitioner in the proceeding, and affirmative relief sought. Leave shall
				not be granted unless the Council determines that the movant is adversely
				affected by the action and has a legal right to intervene, under the standards
				set out in W.R.C.P. Rule 24.
(b)
				For proceedings related to surface coal mining operations, any person may file
				a motion for leave to intervene as a full party or in a limited capacity at any
				stage of a proceeding conducted by the Council. The motion shall include the
				basis for intervention and shall be granted to any person who either could have
				initiated the proceeding or has an interest that may be adversely affected by
				the outcome of the proceeding. Regardless of these bases, intervention may be
				granted whenever appropriate after considering the nature of the issues, the
				adequacy of the existing parties' representation of movant's interest, the
				ability of the movant to present relevant evidence and argument, and the effect
				of intervention on the implementation of the Wyoming Environmental Quality Act.
				The extent and terms of participation by an intervenor in a limited capacity
				shall be determined by the Council.
(c) If the motion to intervene is granted,
				the movant becomes an intervenor and a party to the proceeding with the right
				to have notice, appear at the taking of testimony, produce and cross-examine
				witnesses, and be heard on the argument of the case. The party intervening
				shall give notice of intervention to all other parties.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-10 - Ex Parte Communications

Current through July 13, 2024
Except as authorized by law, a party or a party's attorney or
				  representative shall not communicate with any Council member in connection with
				  any issue of fact or law concerning any pending contested case, except upon
				  notice and opportunity for all parties to participate. Should ex parte
				  communication occur, the Council member shall advise all parties of the
				  communication as soon as possible thereafter and, if requested, shall allow any
				  party an opportunity to respond prior to ruling on the issue.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-11 - Motions and Motion Practice

Current through July 13, 2024
(a) Unless these
				rules or an order of the hearing officer establish time limitations other than
				those contained herein, all motions except motions for enlargement of time and
				motions made during hearing shall be served at least ten (10) days prior to the
				hearing on the motion. A party affected by the motion may serve a response
				together with affidavits, if any, at least three (3) days before the hearing on
				the motion or within twenty (20) days after service of the motion, whichever is
				earlier. Unless the hearing officer permits service at some other time, the
				moving party may serve a reply, if any, at least one day prior to the hearing
				on the motion or within fifteen (15) days after service of the response,
				whichever is earlier. Unless the hearing officer otherwise orders, any party
				may serve supplemental memoranda or rebuttal affidavits at least one day prior
				to the hearing on the motion.
(b)
				Unless the hearing officer otherwise orders, a request for a hearing on the
				motion may be served by the moving party or any party affected by the motion
				within twenty ( 20) days after service of the motion. The hearing officer may
				determine such motion without a hearing.
(c) Prior to filing any non-dispositive
				motion, a moving party shall make reasonable efforts to contact all other
				parties, representatives, and attorneys. Any such non-dispositive motion shall
				include a statement concerning efforts made to confer with the other party(s)
				and position(s) on the motion.
(d)
				All written motions filed with the Council shall be accompanied by a proposed
				order.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-12 - Setting Hearings and Other Proceedings

Current through July 13, 2024
(a) The hearing
				officer or Chair of the Council, as applicable, shall assign a docket number to
				each contested case. All papers, pleadings, motions, and orders filed
				thereafter shall contain:
(i) A conspicuous
				reference to the assigned docket number;
(ii) A caption setting forth the title of the
				contested case and a brief designation describing the document filed;
				and
(iii) The name, address,
				telephone number, and signature of the person who prepared the
				document.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-13 - Consolidation

Current through July 13, 2024
A party may seek consolidation of two or more contested cases
				  by filing a motion to consolidate in each case sought to be consolidated. If
				  consolidation is ordered and unless otherwise ordered by the hearing officer,
				  all subsequent filings shall be in the case first filed, and all previous
				  filings related to the consolidated cases shall be placed together under that
				  docket number. Consolidation may be ordered on a hearing officer's own
				  motion.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-14 - Continuances and Extensions of Time

Current through July 13, 2024
(a) A motion for a
				continuance of any scheduled hearing shall be in writing, state the reasons for
				the motion, and be filed and served on all parties and the hearing officer. A
				motion for a continuance shall be granted only upon a showing of good
				cause.
(b) A motion for an
				extension of time for performing any act prescribed or allowed by these rules
				or by order of the hearing officer shall be filed and served on all parties and
				the hearing officer prior to the expiration of the applicable time period. A
				motion for extension of time shall be granted only upon a showing of good
				cause.
(c) For contested cases
				conducted regarding objections pursuant to
				W.S.
				35-11-406(k), a motion for
				continuance may not be granted if the motion would continue the hearing beyond
				the 20-day period provided in that statute unless the parties stipulate to a
				different period.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-15 - Discovery

Current through July 13, 2024
(a) The taking of
				depositions and discovery shall be in accordance with
				W.S.
				16-3-107(g).
(b) Unless the hearing officer orders
				otherwise, parties shall not file discovery requests, answers, and deposition
				notices with the Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-16 - Subpoenas

Current through July 13, 2024
Any party may request the hearing officer to issue a subpoena
				  to compel the attendance of a witness or for the production of documents.
				  Requests for a subpoena shall be accompanied by a completed subpoena that
				  conforms to Rule 45 of the Wyoming Rules of Civil Procedure.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-17 - Summary Disposition

Current through July 13, 2024
Rules 12(b)(6), 52(c), 56.1, and 56, Wyoming Rules of Civil
				  Procedure, apply to contested cases.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-18 - Prehearing Procedures

Current through July 13, 2024
(a) Unless
				otherwise ordered by the hearing officer, each party to a contested case shall
				file and serve on all other parties and the hearing officer a prehearing
				disclosure statement setting forth:
(i) A
				complete list of all witnesses who will or may testify, together with
				information on how that witness may be contacted, and a brief description of
				the testimony the witness is expected to give in the case. If a deposition is
				to be offered into evidence, the original shall be filed with the
				Council;
(ii) A statement of the
				specific claims, defenses, and issues which the party asserts are before the
				hearing officer for hearing, based on the party's initial filing;
(iii) A statement of the burden of proof to
				be assigned in the contested case with reference to specific regulatory,
				statutory, constitutional, or other authority established by relevant case
				law;
(iv) A statement of stipulated
				facts. If the parties are unable to stipulate to facts, the parties shall
				indicate what efforts have been made to stipulate to facts and the reasons
				facts cannot be stipulated;
(v) A
				complete list of all documents, statements, etc., which the party will or may
				introduce into evidence; and
(vi)
				An approximation of the time required for the hearing.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-20 - Evidence

Current through July 13, 2024
(a) The hearing
				officer shall rule on the admissibility of evidence in accordance with the
				following:
(i) Evidence of the type commonly
				relied upon by reasonably prudent persons in the conduct of their serious
				affairs shall be admissible. Irrelevant, immaterial, or unduly repetitious
				evidence shall be excluded.
(ii)
				Evidence may be offered through witness testimony or in documentary
				form;
(iii) Testimony shall be
				given under oath administered by the hearing officer. Deposition testimony and
				other pre-filed testimony may be submitted as evidence, provided the testimony
				is given under oath administered by an appropriate authority, and is subject to
				cross- examination by all parties;
(iv) The rules of privilege recognized by
				Wyoming law shall be given effect; and
(v) A hearing officer may take administrative
				notice of judicially cognizable facts, provided the parties are properly
				notified of any material facts noticed.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-21 - Contested Case Hearing Procedure

Current through July 13, 2024
(a) The hearing
				officer shall conduct the contested case and shall have discretion to direct
				the order of the proceedings.
(b)
				Unless otherwise provided by law, and at the hearing officer's discretion, the
				party with the burden of proof shall be the first to present evidence. All
				other parties shall be allowed to cross-examine witnesses in an orderly
				fashion. When that party rests, other parties shall then be allowed to present
				their evidence. Rebuttal and surrebuttal evidence shall be allowed only at the
				discretion of the hearing officer.
(c) The hearing officer shall have discretion
				to allow opening statements and closing arguments.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-22 - Default

Current through July 13, 2024
Unless otherwise provided by law, a hearing officer may enter
				  an order of default or an order affirming agency action for a party's failure
				  to appear at a lawfully noticed hearing.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-23 - Expedited Hearing

Current through July 13, 2024
(a) At the hearing
				officer's or Council's discretion and when allowed by applicable law, a
				contested case may be heard as an expedited hearing upon the motion of any
				party.
(b) An expedited hearing
				shall be decided on written arguments, evidence, and stipulations submitted by
				the parties. A hearing officer or the Council may permit oral arguments upon
				the request of any party.
(c) The
				hearing officer may require an evidentiary hearing in any case in which it
				appears that facts material to a decision in the case cannot be properly
				determined by an expedited hearing.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-24 - Recommended Decision

Current through July 13, 2024
In those contested cases where the hearing officer makes a
				  recommended decision, the hearing officer shall file the recommended decision
				  with the Council and serve copies of the recommended decision on all parties to
				  the contested case. Unless otherwise ordered, parties shall have ten (10) days
				  to file written exceptions to the hearing officer's recommended decision.
				  Written exceptions shall be filed with the Council and served on all
				  parties.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-25 - Final Decision

Current through July 13, 2024
(a) A final
				decision containing findings of fact, conclusions of law, and an order entered
				by the Council shall be in writing and served upon all parties to the contested
				case and the hearing officer, if applicable.
(b) A final decision shall include findings
				of fact and conclusions of law, separately stated. When the hearing officer
				allows the parties to submit a proposed final order, the parties shall file the
				original with the Council and serve copies of the proposed order on all other
				parties and the hearing officer.
(c) A hearing officer may at any time prior
				to judicial review correct clerical errors in final decisions or other parts of
				the record. A party may move that clerical errors or other parts of the record
				be corrected. During the pendency of judicial review, such errors may be
				corrected only with leave of the court having jurisdiction.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 2 - CONTESTED CASE HEARINGS › Section 2-26 - Incorporation by Reference

Current through July 13, 2024
(a) The code,
				standard, rule, or regulation below is incorporated by reference and can be
				found at:
http://www.courts.state.wy.us/Documents/CourtRules/Rules/WYOMING_RULES_OF_CIVIL_PROCEDURE.pdf
(i) Rule 11, Wyoming Rules of Civil
				Procedure, adopted by the Wyoming Supreme Court and in effect on March 1,
				2017:
(ii) Rule 12(b)(6), Wyoming
				Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on
				March 1, 2017;
(iii) Rule 24,
				Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in
				effect on March 1, 2017;
(iv) Rule
				45, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and
				in effect on March 1, 2017;
(v)
				Rule 52, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court
				and in effect on March 1, 2017;
(vi) Rule 56, Wyoming Rules of Civil
				Procedure, adopted by the Wyoming Supreme Court and in effect on March 1,
				2017;
(vii) Rule 56.1, Wyoming
				Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on
				March 1, 2017.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 3 - RULEMAKING › Section 3-1 - Authority

Current through July 13, 2024
The Council may promulgate rules necessary for the
				  administration of the Wyoming Environmental Quality Act after receiving a
				  recommendation to adopt a proposed rule or rules from the Director under
				  Wyoming Statute (W.S.) §
									
										35-11-112(a)(i). The
				  Department may begin preliminary rulemaking on its own, in response to a
				  suggestion from the Council or advisory boards, or in response to a petition
				  for rulemaking.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 3 - RULEMAKING › Section 3-2 - Definitions

Current through July 13, 2024
The following definitions supplement the definitions found in
				  the Wyoming Administrative Procedure Act and the Wyoming Environmental Quality
				  Act.
(a) "Initiate rulemaking" means
				to submit notice of the intent to adopt, amend, or repeal any rule, other than
				an interpretive rule or statement of general policy, to the Secretary of
				State's Office, the Legislative Service Office, and the Attorney General's
				Office, as required by W.S. §
									
										16-3-103(a)(i).
(b) "Preliminary rulemaking" is the rule
				development process that occurs at the Department prior to initiating
				rulemaking.
(c) "Preliminary rule"
				is a rule that the Department has not filed with the Council.
(d) "Proposed rule" is a rule that the
				Department has filed with the Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 3 - RULEMAKING › Section 3-3 - Petition for Rulemaking

Current through July 13, 2024
Any interested person may petition the Council or the
				  Department requesting the promulgation, amendment, or repeal of any rule. The
				  Director shall be copied on any petition directed to the Council and the Chair
				  of the Council shall be copied on any petition directed to the
				  Department.
(a) Each petition shall
				identify the rule or rules to be promulgated, amended, or repealed and shall
				provide support for the proposed rulemaking in the form of argument, data,
				legal citation, or other justification, as appropriate.
(b) For any petition that is directed to the
				Council, the Council shall, as soon as practicable, either deny or redirect the
				petition to the Director.
(i) The Council may
				hold a hearing to request additional information from the petitioner or members
				of the public before acting on a petition.
(ii) If the Council denies the petition, the
				Council shall notify the petitioner in writing, setting forth the reasons for
				denial. The Council shall provide a copy of the denial to the
				Director.
(iii) If the Council
				redirects the petition to the Director, the Council shall provide a copy of
				that determination to the petitioner.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 3 - RULEMAKING › Section 3-4 - Preliminary Rulemaking Hearings before the Advisory Boards

Current through July 13, 2024
(a) The air, land,
				solid and hazardous waste management, and water divisions of the Department may
				conduct preliminary rulemaking hearings before their related advisory boards by
				submitting the following materials to the affected board:
(i) Strike and underscore and clean copies of
				the preliminary rule;
(ii) Copies
				of all public comments received to date and proposed responses, if applicable;
				and
(iii) Any additional materials
				that the divisions and advisory boards believe are necessary to explain the
				content of the preliminary rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 3 - RULEMAKING › Section 3-5 - Promulgating Rules

Current through July 13, 2024
(a) When the
				Department initiates rulemaking, it shall file the following with the Council:
(i) Strike and underscore and clean copies of
				the proposed rule;
(ii) Proposed
				Statement of Principal Reasons for adopting the proposed rule;
(iii) Copies of all public comments received
				to date and proposed responses, if applicable;
(iv) Record or minutes of any public hearings
				or meetings conducted by the Department and the affected advisory board or
				boards;
(v) Statement from the
				Director indicating that the Department consulted with the affected advisory
				board or boards and the affected division administrator or administrators on
				the proposed rule;
(vi)
				Recommendation from the Director that the Council adopt the proposed rule;
				and
(vii) Any additional materials
				that the Department believes are necessary to explain the contents of the
				proposed rule.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 3 - RULEMAKING › Section 3-6 - Rulemaking Hearings before the Council

Current through July 13, 2024
(a) The Council
				chair shall assign a hearing officer from among the Council members within
				thirty (30) days of the Department filing the proposed rule with the Council.
				The appointed hearing officer shall preside over all proceedings before the
				Council related to the proposed rule. If the assigned Council member leaves the
				Council through resignation, expiration of membership, or otherwise, the chair
				shall assign a hearing officer as a replacement and shall serve as the hearing
				officer in the interim before the substitute assignment is made.
(b) Any member of the public, subject to
				reasonable time restrictions established by the presiding officer, may address
				the Council at any meeting in which the Council is considering proposed rules.
				The Council shall allow meaningful opportunity for public comment at each
				rulemaking hearing.
(i) No person may address
				the Council without first being recognized by the presiding officer.
(ii) The Council may provide a telephonic or
				internet-based method to receive public comments during Council
				proceedings.
(iii) Members of the
				public may not directly address each other in proceedings before the Council,
				and shall address any questions to the hearing officer.
(iv) Members of the public seeking
				recognition in proceedings before the Council shall state their name and
				whether they are speaking on behalf of an organization. The Council shall
				consider all comments to be made in a person's individual capacity unless an
				affiliation is disclosed to the Council.
(v) In considering proposed rules, the
				Council shall consider all properly submitted public comments.
(vi) Comments shall be directed to the
				Council as a whole and not to individual Council members. If a member of the
				public approaches an individual Council member to discuss a proposed rule, that
				member shall direct the person to submit a comment for full consideration by
				the Council. If a Council member receives information through informal contact
				with a member of the public, that member shall disclose the contact and the
				information received to the rest of the Council in an open meeting. If the
				information is reduced to writing in physical or electronic format, the Council
				member shall provide the information to the other Council members and the
				writing shall become part of the record.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 4 - REHEARING › Section 4-1 - Petition for Rehearing

Current through July 13, 2024
(a) Any party
				seeking any change in any decision of the Council may file a petition for
				rehearing within twenty (20) days after the written decision of the Council has
				been issued.
(b) Any petition for
				rehearing filed under this section must be confined to new questions raised by
				the decision and upon which the petitioner had no opportunity to argue before
				the Council.
(c) Any petition for
				rehearing must specify whether the prayer is for reconsideration, rehearing,
				further hearing, modification of effective date, vacation, suspension or
				otherwise.
(d) Except as the
				Council may otherwise direct, the filing of a petition under this section shall
				not stay the effectiveness of any decision respecting the promulgation,
				amendment, or repeal of any rule or rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 4 - REHEARING › Section 4-2 - Scope

Current through July 13, 2024
(a) A petition for rehearing may be filed in
				hearings conducted under Chapter II or Chapter III.
(b) The granting of a petition to rehear is
				solely within the discretion of the Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 5 - PETITIONS FOR AWARD OF COSTS AND EXPENSES UNDER W.S. 35-11-437(f) › Section 5-1 - Petition and Answer

Current through July 13, 2024
(a) As described in
				W.S.
				35-11-437(f), a petition for
				award of costs and expenses must be filed with the Council within forty-five
				(45) days of receipt of a final order from the Council, in accordance with
				Chapter 2, Section
				5 of these rules. Any person served with a
				copy of the petition shall have thirty (30) days from service within which to
				file an answer to the petition. Failure to make a timely filing of the petition
				may constitute a waiver of the right to such an award.
(b) The petition shall contain the
				petitioner's name and a detailed accounting, including receipts, of all costs
				and expenses authorized under
				W.S.
				35-11-437(f). Where
				attorneys' fees are claimed, the petition shall include evidence concerning the
				hours expended on the case, the customary commercial rate of payment for such
				services in the area, and the experience, reputation and ability of the
				individual(s) performing the services.
(c) Any proceeding to award costs under
				W.S.
				35-11-437(f) shall follow
				the contested case procedures outlined in Chapter 2 of these rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 5 - PETITIONS FOR AWARD OF COSTS AND EXPENSES UNDER W.S. 35-11-437(f) › Section 5-2 - Who May Receive an Award

Current through July 13, 2024
(a) Appropriate
				costs and expenses including attorneys' fees may be awarded:
(i) To a permittee from any person, but only
				if the Council finds that:
(A) The person
				initiated or participated in enforcement action in bad faith for the purpose of
				harassing or embarrassing the permittee.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 5 - PETITIONS FOR AWARD OF COSTS AND EXPENSES UNDER W.S. 35-11-437(f) › Section 5-3 - Awards

Current through July 13, 2024
(a) An award under
				this chapter may include:
(i) All costs and
				expenses, including attorneys' fees and expert witness fees, reasonably
				incurred as a result of initiation and/or participation in a proceeding under
				the Wyoming Environmental Quality Act as it provides for regulation of surface
				coal mining and reclamation operations in accordance with P.L. 95-87.
(ii) All costs and expenses, including
				attorneys' fees and expert witness fees, reasonably incurred in seeking the
				award before the council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 6 - REVIEW BY THE DIRECTOR › Section 6-1 - Review by the Director

Current through July 13, 2024
(a) Pursuant to the
				supervisory authority recognized in
				W.S.
				35-11-110, and subject to any applicable law
				and to any right of appeal to the Council, the Director may review by informal
				conference or otherwise and affirm, modify, terminate or vacate any decision,
				order, notice by the Administrator, or assessment of penalty by the
				agency.
(b) Such review and action
				shall be taken by the Director when required by law. Apart from this, the
				Director may grant a petition for review filed with him by any interested
				person after considering the following factors: the need for a consistent
				policy in the area; the final nature of the decision; the amount of discretion
				statutorily vested with the Administrator; any potential adverse environmental
				or public health or safety related impacts; and consistency of the
				Administrator's decision with law or regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 6 - REVIEW BY THE DIRECTOR › Section 6-2 - Initiation of Review

Current through July 13, 2024
(a) The petition
				for review by the Director shall set forth in writing those items required by
				Chapter I, Section
				3. c.(1)-(3). Upon receipt, the Director
				shall forward a copy thereof to the affected Administrator and to any party who
				appeared in prior proceedings pertaining to the same matter. A petition for
				review of a notice of abatement under
				W.S.
				35-11-437 shall be filed within thirty (30)
				days. All other notices shall be filed within fifteen (15) days.
(b) Within thirty (30) days the Director
				shall grant or deny the petition and schedule any requested conference. Notice
				of the decision on the petition shall be sent to the petitioner, the affected
				Administrator, any person served with the petition and all district offices. If
				the petition is denied, the Director shall give a brief statement of the
				reasons for the denial.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 6 - REVIEW BY THE DIRECTOR › Section 6-3 - Conduct of Conference and Decision

Current through July 13, 2024
(a) If an informal
				conference is held, any person has the right to attend and participate in the
				conference. The procedure shall be informal, with no pre-hearing conference,
				discovery or cross-examination. The Director may accept oral or written
				statements and any other relevant information from any participant to the
				conference. An electronic or stenographic record shall be made of the
				conference proceeding, unless waived by all the participants. The record shall
				be maintained and shall be accessible to the participants of the
				conference.
(b) Following the
				Director's review, including any informal conference, the Director shall give
				each participant and the Administrator a brief written statement of findings of
				fact, conclusions of law, and policy reasons for the decision if it is an
				exercise of the agency's discretion, together with a notice of any available
				appeal to the Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 6 - REVIEW BY THE DIRECTOR › Section 6-4 - Appeal to the Council

Current through July 13, 2024
(a) Where an appeal
				to the Council of the Administrator's decision is afforded, a petition should
				be filed with the Council within the time provided by law. This proceeding will
				be stayed if an informal conference with the Director is requested until the
				Director has made his determination. If the petitioner is not satisfied with
				the Director's determination, he shall inform the Council that he wishes to
				proceed with appeal to the Council. The Council shall conduct the hearing as if
				the informal hearing had not occurred, provided however, that the Director's
				decision may be introduced into evidence.
(b) At formal review proceedings before the
				Council, no evidence as to statements made or evidence produced by one
				participant at a conference shall be introduced as evidence by another
				participant.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 6 - REVIEW BY THE DIRECTOR › Section 6-5 - Miscellaneous

Current through July 13, 2024
(a) This Chapter shall not be construed to
				allow the Director to review matters or issues and grant relief either in areas
				which are within the exclusive jurisdiction of the Council, or from any
				informal conference proceeding requested and held pursuant to
				W.S.
				35-11-406(k).
(b) Unless review by the Director is required
				by law, failure to seek review shall not be construed as a failure to exhaust
				administrative remedies.
(c) For
				the purposes of this Chapter, "Administrator" shall also include the Solid
				Waste Management Program Supervisor.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-1 - Purpose and Scope

Current through July 13, 2024
These rules are intended to provide a process to implement
				  W.S.
				  35-11-112(a)(v), which
				  provides that the Council may remove rare and uncommon designations made prior
				  to July 1, 2011.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-2 - Definitions

Current through July 13, 2024
(a) "Critical
				habitat" means fish and wildlife habitat designated as critical by the United
				States Secretary of the Interior or Secretary of Commerce, for the survival and
				recovery of listed threatened and endangered species.
(b) "Fragile lands" means geographic areas
				containing natural, ecologic, scientific or aesthetic resources that could be
				damaged or destroyed by mining operations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-3 - General Procedure

Current through July 13, 2024
(a) The rules in
				this Chapter govern petitions to remove designation of lands pursuant to
				W.S.
				35-11-112(a)(v).
(b) The hearing under this chapter is not a
				contested case proceeding. Hearings shall be conducted consistent with rules
				hearings before the Council under Chapter 3 of the Rules of Practice and
				Procedure.