reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 28 - REGULATION GOVERNING PERPETUAL CARE TRUST FUNDS FOR PRIVATELY OWNED CEMETERIES › Section 28-3 - Perpetual Care Trust Fund

Current through July 13, 2024
(a) Each seller shall establish a perpetual
				care trust fund before the advertisement or sale of disposition sites. All
				income and interest from the fund shall be used exclusively for perpetual care.
				The trust fund shall be irrevocable and deposited in Wyoming at a licensed
				bank, trust company, or federal savings and loan association and shall be
				invested as required herein.
(b)
				The deposit into the perpetual care trust fund shall be made by the seller not
				later than thirty (30) days after the close of the month in which any payment
				was received for the purchase of any disposition site. If payments are received
				in installments, the applicable pro rata share of each payment shall be
				deposited.
(c) A seller must
				deposit with the trustee an initial sum of ten thousand dollars ($10,000) or
				more in cash. When deposits in the trust fund have reached $20,000, the seller
				may withdraw deposits at the rate of one thousand dollars ($1,000) for each
				additional two thousand dollars ($2,000) added to the fund. No funds may be
				withdrawn from the Perpetual Care Trust Fund without the written authorization
				of the Commissioner or his designee.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 28 - REGULATION GOVERNING PERPETUAL CARE TRUST FUNDS FOR PRIVATELY OWNED CEMETERIES › Section 28-4 - Bond

Current through July 13, 2024
Every seller shall post with the Commissioner a surety bond
				  in an amount of not less than five percent (5%) of all amounts received from
				  all buyers or their representatives, whether deposited or invested. The bond
				  amount shall be determined as of December 31st of the preceding year, or such
				  greater amount which the seller may wish to post, but in no event less than
				  $10,000. The bond amount of may not be reduced without the prior written
				  approval of the Commissioner. The State of Wyoming shall be named as the
				  obligee in the bond for the benefit of the buyers, their heirs, legatees, or
				  assigns who are damaged by the loss of any monies paid to the seller after
				  their receipt by the seller. This bond may consist of cash, demand deposits,
				  savings accounts, certificates of deposit, corporate surety bond, or other such
				  security as the Commissioner shall require.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 28 - REGULATION GOVERNING PERPETUAL CARE TRUST FUNDS FOR PRIVATELY OWNED CEMETERIES › Section 28-5 - Investment of Perpetual Care Trust Fund

Current through July 13, 2024
The seller shall limit his deposits to obligations of the
				  United States or of any states thereof; obligations and stock of federal
				  government agencies; demand deposits, savings accounts, certificates of
				  deposit, or shares of savings and loan associations, provided that the seller
				  may invest, notwithstanding the limitations of this section, funds in an amount
				  not to exceed in the aggregate the amount of the seller's bond posted in
				  accordance with Section 4, in such types of investments that prudent investors
				  would acquire or retain for their own account The seller shall be strictly
				  accountable for the corpus of the funds to the buyer and the
				  Commissioner.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 28 - REGULATION GOVERNING PERPETUAL CARE TRUST FUNDS FOR PRIVATELY OWNED CEMETERIES › Section 28-6 - Treatment of Consumer

Current through July 13, 2024
(a) No privately owned cemetery shall limit
				disposition site sales based on sex, race, religion, or other protected
				classes.
(b) Whenever a seller
				conveys ownership in a disposition site, the seller shall execute and deliver
				to the buyer a written statement that specifically states:
(i) The nature and the extent of the
				perpetual care to be provided;
(ii)
				That such care shall be provided from the income and interest of the perpetual
				care trust fund;
(iii) That the
				perpetual care trust fund has been established in conformity with these
				regulations and the laws of Wyoming; and
(iv) That not less than the amounts required
				by statute have been set aside and deposited in trust.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 28 - REGULATION GOVERNING PERPETUAL CARE TRUST FUNDS FOR PRIVATELY OWNED CEMETERIES › Section 28-7 - Inspection of Cemetery

Current through July 13, 2024
The Commissioner may inspect privately owned cemeteries to
				  determine if proper perpetual care is being taken. If proper perpetual care is
				  not being taken, the Commissioner may require deposit of additional corpus into
				  the perpetual care trust fund, and/or implement procedures for more efficient
				  use of perpetual care income.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 28 - REGULATION GOVERNING PERPETUAL CARE TRUST FUNDS FOR PRIVATELY OWNED CEMETERIES › Section 28-8 - Cemetery Records

Current through July 13, 2024
All records of a privately owned cemetery must be maintained
				  in the county in which the cemetery is located. These records shall include a
				  detailed map of the cemetery, accurate records of each disposition site sold,
				  and detailed records of deposits and investments of the perpetual care trust
				  fund. These records shall be kept in perpetuity.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 28 - REGULATION GOVERNING PERPETUAL CARE TRUST FUNDS FOR PRIVATELY OWNED CEMETERIES › Section 28-9 - Annual Report

Current through July 13, 2024
On or before March 1st of each year, each seller shall file
				  an annual report containing the information required by the Commissioner on the
				  Privately Owned Cemetery Annual Report Form available on the Wyoming Department
				  of Insurance website.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 28 - REGULATION GOVERNING PERPETUAL CARE TRUST FUNDS FOR PRIVATELY OWNED CEMETERIES › Section 28-10 - Examination

Current through July 13, 2024
The seller shall make available to the Commissioner for
				  examination all books, records, and accounts pertaining to the sale of
				  disposition sites and deposits into the perpetual care trust fund. The
				  Commissioner, or his designee, may require the attendance and examination under
				  oath of any person whose testimony may be required. The cost of any examination
				  may be charged to the cemetery.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 28 - REGULATION GOVERNING PERPETUAL CARE TRUST FUNDS FOR PRIVATELY OWNED CEMETERIES › Section 28-11 - Exceptions

Current through July 13, 2024
(a) The provisions of Sections
				3 through
				10 of this regulation do not apply to any
				privately owned cemetery being maintained or managed pursuant to a valid
				contract with a municipal corporation or duly organized cemetery district so
				long as the contract remains in effect.
(b) Any privately owned cemetery seeking an
				exemption pursuant to the provisions of this section shall provide to the
				commissioner a copy of the current cemetery maintenance contract with the
				municipal corporation or cemetery district at the time the exemption is
				requested, and within thirty (30) days of any renewal or amendment of the
				cemetery maintenance contract. Any exemption granted pursuant to this section
				shall be at the sole discretion of the commissioner.
(c) Any privately owned cemetery who is
				granted an exemption pursuant to the provisions of this section shall make all
				records pertaining to the maintenance of the cemetery available to the
				commissioner for review upon reasonable advance notice during the cemetery's
				regular working hours, including but not limited to perpetual care fund
				records, plot sale information, and any other records required generally of
				privately owned cemeteries pursuant to this regulation.
(d) Any exemption granted pursuant to the
				provisions of this section may be revoked by the commissioner after notice and
				the opportunity for a hearing pursuant to the provisions of the Wyoming
				Administrative Procedures Act, W.S. §
									16-3-101
et seq.,
and any applicable rules and regulations of the Department of
				Insurance.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 29 - MANAGING GENERAL AGENTS › Section 29-1 - Authority

Current through July 13, 2024
These regulations are promulgated by authority of the Wyoming
				  Insurance Code,
				  W.S.
				  26-2-110(a) and
				  26-l-102(a)(xviii) and provisions of the Wyoming Administrative Procedure Act
				  W.S. W.S.
				  16-3-101 et seq.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 29 - MANAGING GENERAL AGENTS › Section 29-2 - Scope

Current through July 13, 2024
These regulations shall apply to those individuals, firms or
				  corporations who fall within the definition of managing general agent pursuant
				  to W.S. 26-l-102(a)(xviii).
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 29 - MANAGING GENERAL AGENTS › Section 29-4 - Management Contracts

Current through July 13, 2024
As used in these regulations management contracts shall
				  include all agreements or contracts under which any individual, firm or
				  corporation is appointed by one (1) or more insurers as an independent
				  contractor for the principal purpose of exercising general supervision over the
				  business of the insurer in all or part of Wyoming. Such contracts shall
				  expressly grant the Managing General Agent authority to appoint agents for the
				  insurers and to terminate those appointments.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 29 - MANAGING GENERAL AGENTS › Section 29-5 - Certificate of Registration; Required

Current through July 13, 2024
No insurer shall transact the business of insurance in this
				  state through a managing general agent unless such agent has been registered
				  and appointed by the insurer with the insurance department and the commissioner
				  has issued a certificate of registration to said agent.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 29 - MANAGING GENERAL AGENTS › Section 29-6 - Certificate of Registration; Filing

Current through July 13, 2024
(a) Every insurer
				transacting the business of insurance in this state through a managing general
				agent shall register and appoint said agent with the insurance department on
				forms provided by the insurance department. In registering and appointing a
				managing general agent the insurer shall certify to the commissioner that:
(i) the managing general agent is competent,
				trustworthy, financially responsible and of good reputation;
(ii) the managing general agent is the
				insurer's representative and is authorized to perform those functions which are
				set forth in the management contract; and
(iii) the insurer agrees that any violation
				of the Wyoming Insurance Code, any lawful rule or final order of the
				commissioner or any final judgment or decree made by any court committed by the
				managing general agent while acting within its apparent scope of authority for
				the insurer shall be deemed to be a violation of said code by the
				insurer.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 29 - MANAGING GENERAL AGENTS › Section 29-7 - Certificate of Registration; Continuation

Current through July 13, 2024
(a) A certificate
				of registration issued under these regulations shall continue in force until
				expired, suspended, revoked or otherwise terminated, if the insurer's written
				request for continuation is received by the commissioner on or before March 31
				annually.
(b) Any certificate of
				registration referred to in subsection (a) of this section is considered
				expired if the commissioner does not receive the request for continuation by
				midnight March 31.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 29 - MANAGING GENERAL AGENTS › Section 29-8 - Exception

Current through July 13, 2024
In the event that the managing general agent is licensed as a
				  resident or nonresident agent or broker in this state, then such agent shall be
				  exempt from the requirements of Sections 5, 6, and 7 of these
				  regulations.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 29 - MANAGING GENERAL AGENTS › Section 29-9 - Violations

Current through July 13, 2024
Any individual, firm or corporation who shall violate any of
				  the provisions of these Managing General Agent Regulations, or file any false
				  or fraudulent management contract as required by these regulations shall be
				  punishable in accordance with
				  W.S.
				  26-1-107.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 29 - MANAGING GENERAL AGENTS › Section 29-10 - Severability

Current through July 13, 2024
If any provision of these rules and regulations or the
				  application thereof to any person or circumstance is for any reason held to be
				  invalid, the remainder of these rules and regulations and the application of
				  such provision to other persons and circumstances shall not be affected
				  thereby.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 30 - ADJUSTMENT OF PHYSICAL DAMAGE CLAIMS ON VEHICLES, TRAILERS, PRIVATE, COMMERCIAL OR OTHERWISE › Section 30-1 - Authority

Current through July 13, 2024
This regulation is promulgated pursuant to
				  W.S.
				  26-2-109,
				  26-2-110,
				  26-3-120,
				  26-13-102,
				  26-13-112 and
				  26-15-126.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 30 - ADJUSTMENT OF PHYSICAL DAMAGE CLAIMS ON VEHICLES, TRAILERS, PRIVATE, COMMERCIAL OR OTHERWISE › Section 30-2 - Purpose

Current through July 13, 2024
The purpose of this regulation is to establish acceptable
				  adjustment practices in the settlement of property damage claims under
				  automobile policies in the State of Wyoming.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 30 - ADJUSTMENT OF PHYSICAL DAMAGE CLAIMS ON VEHICLES, TRAILERS, PRIVATE, COMMERCIAL OR OTHERWISE › Section 30-3 - Applicability

Current through July 13, 2024
This regulation shall apply in the adjustment of physical
				  damage claims under all motor vehicle policies issued in the State of Wyoming
				  including, but not limited to, private passenger automobiles, recreational
				  vehicles, commercial vehicles, motorcycles or any other risk insured as a motor
				  vehicle or trailer.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 30 - ADJUSTMENT OF PHYSICAL DAMAGE CLAIMS ON VEHICLES, TRAILERS, PRIVATE, COMMERCIAL OR OTHERWISE › Section 30-4 - Settlement options

Current through July 13, 2024
Insurers shall adjust personal property losses, be it first
				  or third party claims, by utilizing one of the following options:
(a) Pay for the loss in its entirety in
				money, based on an appraisal of the damage sustained by insured's
				vehicle.
(b) Repair the damaged
				property.
(c) Replace the damaged
				property.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 31 - POLICY FEE-PREMIUM REGULATION › Section 31-1 - Authority

Current through July 13, 2024
This regulation is promulgated by authority of W.S.
				  §§
									
										26-2-110,
				  26-3-102,
				  26-4-103 and
				  16-3-101 et.
				  seq.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 31 - POLICY FEE-PREMIUM REGULATION › Section 31-3 - Definition of Policy Fee

Current through July 13, 2024
A policy fee means any sum of money by whatever name called
				  that is directly or indirectly, collected from an insured, by an insurer or its
				  insurance agent or broker as a consideration for insurance, which sum of money
				  is added to the premium the insured would otherwise pay. A policy fee shall not
				  be interpreted to include the cost of medical examinations required by a life
				  insurer pursuant to W.S. §
									
										26-13-121(b), nor shall it
				  include sums collected for taxes by surplus lines brokers.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 31 - POLICY FEE-PREMIUM REGULATION › Section 31-4 - Premium Tax

Current through July 13, 2024
Any policy fee collected or charged shall be included in an
				  insurer's premium income and the appropriate premium tax shall be paid pursuant
				  to W.S. §§
									
										26-3-102 and
				  26-4-103. Such tax shall be paid
				  by the insurer and shall not be charged to any individual insured, agent or
				  broker.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 31 - POLICY FEE-PREMIUM REGULATION › Section 31-6 - Penalties

Current through July 13, 2024
Any violation of the provisions of this regulation shall
				  subject the violator, or the principal of said violator or both to the
				  sanctions provided by
				  W.S.
				  26-1-107, or revocations or suspensions of
				  licenses or both.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 31 - POLICY FEE-PREMIUM REGULATION › Section 31-7 - Severability Clause

Current through July 13, 2024
If any of the applications or provisions of this regulation
				  are held invalid, the invalidity shall not affect other applications or
				  provisions of this regulation which can be given effect without the invalid
				  applications or provisions, and to this end this regulation is
				  severable.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-1 - Authority and Applicability

Current through July 13, 2024
These rules apply to contested cases and other proceedings
				  before the as appropriate, and are promulgated pursuant to W.S. §§
									
										26-2-108 through
				  26-2-111, and
				  16-3-101
et
				  seq.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-2 - Incorporation by Reference

Current through July 13, 2024
(a) The rules below, adopted on December 7,
				2016 and effective March 1, 2017, are incorporated by reference and can be
				found at: http://www.courts.state.wy.us/Supreme/CourtRules.
(i) Rule 26, Wyoming Rules of Civil
				Procedure.
(ii) Rule 28 through 36,
				Wyoming Rules of Civil Procedure.
(iii) Rule 37, except 37(b)(1) and 37(b)(2),
				Wyoming Rules of Civil Procedure.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-3 - Definitions

Current through July 13, 2024
The following definitions are applicable to this Chapter.
				  Terms not defined herein shall use the definitions set forth and contained in
				  the Wyoming Insurance Code and the Administrative Procedure Act.
(a) "Attorney" means an attorney licensed to
				practice law in the State of Wyoming, or an attorney who is licensed to
				practice law in another state and who is associated with an attorney licensed
				to practice law in the State of Wyoming.
(b) "Contested case" means a proceeding in
				which legal rights, duties, or privileges of a party are required by law to be
				determined by an agency after an opportunity for hearing.
(c) "Department" or "agency" means the
				Wyoming Department of Insurance.
(d) "Hearing" means any proceeding in which
				the Petitioner and Respondent have the opportunity to present arguments to a
				Hearing Officer regarding a contested case brought pursuant to W.S.
				§§
									
										26-2-108 to
				26-2-111, or W.S. §§
									
										16-3-107 to
				16-3-113. The term "hearing" does
				not apply to informal appearances before the commissioner or his designee,
				including those matters arising under W.S. §§
									
										16-3-102 to
				16-3-106.
(e) "Hearing officer" means a hearing
				examiner from the Office, an attorney who has been retained by the agency to
				preside over a contested case, an officer of the Department who has been
				designated to preside over a contested case, or any other person who is
				statutorily authorized to preside over a contested case.
(f) "Office" means the Office of
				Administrative Hearings.
(g)
				"Petitioner" means the person or entity seeking relief through the contested
				case proceeding.
(h)
				"Representative" means an individual other than an attorney who is authorized
				to function in a representative capacity on behalf of a party to a contested
				case.
(i) "Respondent" means the
				person or entity against whom relief is being sought through the contested case
				proceeding.
(j) "Wyoming
				Administrative Procedure Act" means Wyoming Statute §§
									
										16-3-101 through -115.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-4 - Informal Proceedings and Alternative Dispute Resolution

Current through July 13, 2024
(a) Nothing in these rules shall be construed
				so as to prevent the Department from establishing informal procedures for
				resolving a contested case or from establishing procedures which are intended
				to occur prior to the Department's referral for or the initiation of a
				contested case.
(b) Parties to a
				contested case are encouraged to resolve the contested case through settlement,
				informal conference, mediation, arbitration, or other means throughout the
				duration of a contested case.
(c)
				With the consent of all parties, the hearing officer may assign a contested
				case to another hearing officer on limited assignment for the purpose of
				nonbinding alternative dispute resolution methods, including settlement
				conference and mediation. Such settlement conference or mediation shall be
				conducted in accordance with the procedures prescribed by the hearing officer
				conducting the settlement conference or mediation.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-5 - Commencement of Hearings

Current through July 13, 2024
The following procedures shall be followed for contested
				  cases before the Department:
(a) All
				contested case hearings shall commence by filing a written petition, complaint,
				notice, order, or notice to show cause.
(b) The petition, complaint, order, notice,
				or notice to show cause shall contain all information required by Section
				14(a), and set forth, in
				ordinary and concise language, a statement of the nature of the contested case.
(i) Unless otherwise provided for in the
				notice, order, complaint, or petition the Respondent(s) shall be allowed twenty
				(20) days from the date of the certificate of service to file an answer or
				responsive pleading with the Department.
(ii) If any Respondent fails to answer or
				otherwise appear within the time allowed, and provided that all rules of
				service have been followed, the Respondent(s), shall be in default. Any
				allegations of the complaint, petition, or order, or notice to show cause may
				be taken as true and an order of the commissioner entered
				accordingly.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-6 - Referral to Office

Current through July 13, 2024
(a) Upon referral to the Office to conduct a
				contested case, the agency shall transmit to the Office copies of appropriate
				agency documents reflecting the disputed agency action or inaction and the
				basis thereof, including any written challenge(s) initiating the contested case
				and a reference to applicable law.
(b) The agency shall submit a transmittal
				sheet, on a form provided by the Office, sufficiently identifying the contested
				case, including:
(i) the name of the
				agency;
(ii) the names of the known
				parties and their attorneys or representatives;
(iii) a concise statement of the nature of
				the contested case;
(iv)
				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
(v) certification
				by an authorized officer of the agency that all parties have been properly
				served with a true and complete copy of the transmittal form.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-7 - Referral to Hearing Officer Other than the Office

Current through July 13, 2024
When the agency refers a contested case to a hearing officer
				  other than the Office, or when the agency retains a contested case, the agency
				  shall comply with any referral requirements of that hearing officer.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-8 - Designation and Authority of Hearing Officer; Recusal

Current through July 13, 2024
(a) The Department may refer, assign, or
				designate a hearing officer to preside over any contested case, unless
				otherwise provided by law. When appropriate under applicable law or at the
				Department's request, the hearing officer may provide a recommended
				decision.
(b) Upon referral for
				contested case by the agency that will not be present for the hearing, a
				hearing officer shall conduct a contested case and may enter proposed findings
				of fact and conclusions of law or may provide a complete record of the
				contested case to the agency for entry of a final decision.
(c) At any time while a contested case is
				pending, a hearing officer may withdraw from a contested case by filing written
				notice of recusal. From and after the date the written notice of recusal is
				entered, the recused hearing officer shall not participate in the contested
				case.
(d) Upon motion of any party,
				recusal of a hearing officer shall be for cause. Whenever the grounds for such
				motion become known, any party may move for a recusal of a hearing officer on
				the ground that the hearing officer:
(i) has
				been engaged as counsel in the action prior to being appointed as hearing
				officer;
(ii) has an interest in
				the outcome of the action;
(iii) is
				related by consanguinity to a party;
(iv) is a material witness in the
				action;
(v) is biased or prejudiced
				against the party or the party's attorney or representative; or
(vi) any other grounds provided by
				law.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-9 - 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 15 days of the date of notice.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-10 - 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 the hearing officer 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 hearing officer 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 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-11 - Filing and Service of Papers

Current through July 13, 2024
(a) In all contested cases, the parties shall
				file all original documents, pleadings, and motions with the Department, as
				applicable, with true and correct copies of the particular document, pleading,
				or motion properly served on all other parties and the hearing officer,
				accompanied by a certificate of service. The Department 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 either by hand delivery or by U.S. mail
				transmittal to the last address of record. The Department permits filing and
				service by email or facsimile. Parties wishing to file by means other than
				those described in this Section shall obtain preapproval from the hearing
				officer.
(c) Service by mail shall
				be deemed to have been served as stated in
				W.S.
				26-2-126(c).
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-12 - Computation of Time

Current through July 13, 2024
In computing any period of time prescribed or allowed by
				  these rules, by order or by any applicable statutes or regulations, the day of
				  the act, event, or default from which the designated period of time begins to
				  run shall not be included. The last day of the period so computed shall be
				  included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the
				  act to be done is the filing of a paper, a day on which weather or other
				  conditions have made agency offices inaccessible, in which event the period
				  runs until the end of the following day which is not one of the aforementioned
				  days.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-13 - Motions and Motion Practice

Current through July 13, 2024
The hearing officer shall establish all filing deadlines in
				  the Notice of Hearing, Pretrial Order or in accordance with W.S. Title 26 and
				  the applicable Wyoming Rules of Civil Procedure.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-14 - Setting Hearings, Other Proceedings, and Location of Hearings

Current through July 13, 2024
(a) The hearing officer or the agency, 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;
(iii) the name, address, telephone number,
				and signature of the person who prepared the document; and
(iv) an e-mail address and/or fax number to
				allow for electronic service, unless otherwise ordered.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-15 - 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
				  case number. Consolidation may be ordered on a hearing officer's own
				  motion.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-16 - Continuances, Extensions of Time, and Duty to Confer

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 request for a
				continuance filed less than five days before a scheduled hearing 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) A moving party shall make reasonable
				efforts to contact all parties, representatives, and attorneys before filing a
				motion for continuance or extension of time. A motion for continuance or
				extension of time shall include a statement concerning efforts made to confer
				with the other party(s) and position(s) on the motion.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-17 - Discovery

Current through July 13, 2024
(a) The taking of depositions and discovery
				shall be in accordance with the Notice of Hearing, Pretrial Order or in
				accordance with W.S. Title 26.
(b)
				Unless the hearing officer orders otherwise, parties shall not file discovery
				requests, answers, and deposition notices with the hearing officer.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-18 - Subpoenas

Current through July 13, 2024
(a) 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 the issuance of a subpoena shall be accompanied by a
				completed subpoena, which shall conform to Rule 45 of the Wyoming Rules of
				Civil Procedure.
(b) Witnesses who
				are summoned to appear at a hearing are entitled to the same fees as are paid
				for witnesses in the district courts of the State of Wyoming. Costs may be
				awarded to the prevailing party at the discretion of the Hearing Officer; but
				costs against the State of Wyoming, its officers or agencies, shall be imposed
				only to the extent permitted by law.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-19 - Summary Disposition

Current through July 13, 2024
Wyoming Rules of Civil Procedure, Rules 12(b)(6), 52(c),
				  56.1, and 56, apply to contested cases.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-20 - 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 agency, with a copy provided to the hearing
				officer,
(ii) a statement of the
				specific claims, defenses, and issues which the party asserts are before the
				hearing officer for hearing;
(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 identifying 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; and
(v)
				a complete list and copies of all documents, statements, etc., which the party
				will or may introduce into evidence.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-22 - 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 prefiled
				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 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-23 - 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.
(d) Hearings shall be
				conducted in accordance with the following order of procedure unless otherwise
				modified by the Hearing Officer after notice to the parties:
(i) The Hearing Officer shall announce that
				the hearing is convened upon the call of the docket number, title of the matter
				and case to be heard, and shall note for the record all subpoenas issued and
				all appearances of record, including counsels of record.
(ii) The Petitioner shall then proceed to
				present his evidence. Witnesses may be cross-examined by the Respondent or
				Respondents. All exhibits offered by and on behalf of the Petitioner shall be
				marked by letters of the alphabet beginning with "A".
(iii) The Respondent or Respondents shall, in
				the order of answers or appearances made, be heard in the same manner as the
				Petitioner's evidence, witnesses and exhibits have been heard and presented.
				Each Respondent's exhibits shall be marked separately so as to identify the
				respective Respondents and numbered commencing with the number "1".
(iv) All persons testifying at any hearing
				before the Hearing Officer shall be administered the following by the Hearing
				Officer:
(A) "Do you swear (or affirm) to tell
				the truth, the whole truth and nothing but the
				truth?
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-24 - 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 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-25 - Settlements

Current through July 13, 2024
Parties shall promptly notify the hearing officer of all
				  settlements, stipulations, agency orders, or any other action eliminating the
				  need for a hearing. When the contested case has settled, the agency may enter
				  an order, on its own motion, dismissing the case.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-26 - Expedited Hearing

Current through July 13, 2024
(a) At the hearing officer's discretion, a
				contested case may be heard as an expedited hearing upon the motion of any
				party. Expedited hearings may include summary suspensions under Wyoming Statute
				§
									
										16-3-113(c), and other
				emergency proceedings authorized by law.
(b) An expedited hearing shall be decided on
				written arguments, evidence, and stipulations submitted by the parties. A
				hearing officer 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 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 32 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 32-27 - 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 agency and serve copies of the recommended decision on all parties to
				  the contested case. Unless otherwise ordered, parties shall have ten days to
				  file written exceptions to the hearing officer's recommended decision. Written
				  exceptions shall be filed with the agency and served on all parties.