Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 31 - APPEAL HEARINGS › Section 31-8 - Subpoenas and Orders for Production of Information or Objects

Current through July 13, 2024
(a) Any member of the commission, the
				chairman of an appeal tribunal, an appeals examiner, or a division
				administrator and any duly authorized representative of any of them shall have
				power to administer oaths and affirmations, take depositions, certify to
				official accounts, and issue subpoenas to compel the attendance of witnesses
				and the production of book, papers, correspondence, memoranda, and other
				records deemed necessary as evidence in connection with a disputed claim or
				investigation into employer coverage or liability.
(b) Subpoenas and other orders for the
				production of documents issued by the division or its agents may be served by
				certified mail or delivery by the county sheriff or the division's agents. Such
				subpoena or order for production of documents is considered served when
				delivered to or received by the person named therein, his attorney, his agent,
				a member of his household of the age of fourteen years or older residing
				therein, or the person in charge of any of his places of business at the time
				of delivery.
(c) A person who
				objects to obeying such a subpoena shall file an objection in writing with the
				division agent who issued the subpoena and send a copy to the parties prior to
				the compliance date. Such objection shall state the grounds for objecting. Any
				grounds not stated may be deemed waived. The division agent may rule on the
				objection based on the facts stated therein, may hold a hearing and rule on the
				objection, or may informally try to get the persons involved to resolve the
				matter. The ruling may direct that the subpoena be obeyed in whole or part, or
				may quash the subpoena. The hearing on the issue that created the appeal may be
				held in abeyance pending resolution of the objection to the subpoena, or may
				proceed.
(d) Witnesses subpoenaed
				for any hearing before an appeal tribunal or the division shall, upon written
				request within 30 days of the hearing, be paid witness and mileage fees by the
				commission in accordance with the following schedule: For attending, twenty
				percent of the maximum weekly benefit amount rounded to the nearest dollar per
				8 hours and ten percent of the weekly benefit amount rounded to the nearest
				dollar per 4 or fewer hours, including driving time; for each mile actually and
				necessarily traveled in going to and returning from place of hearing, the
				mileage rate paid to State employees when they travel on official business. Any
				additional compensation for a witness is not the responsibility of the
				division.
(e) Orders for supplying
				information from the records of the division to a claimant or employer or his
				representative, to the extent necessary for the proper litigation of a benefit
				claim, shall issue upon written application therefore, setting forth the
				information required thereby. All applications for information from records of
				the division shall state, as nearly as possible, the nature of the information
				desired.
(f) In all cases where an
				application to supply a claimant or his representative with information from
				the records of the division is granted, the party shall be furnished with a
				copy of such information.
(g)
				Representation Before Appeal Tribunals and the Commission.
(i) Any individual may appear for himself in
				any proceeding before any appeal tribunal and the commission. Any partnership
				may be represented by any of its members or a duly authorized representative.
				Any corporation or association may be represented by an officer or a duly
				authorized representative.
(ii) Any
				party may appear by an attorney at law admitted to practice before any appeal
				tribunal or the commission, or by any other person who is qualified to
				represent others.
(iii) Attorneys
				at law who are admitted to practice before the highest court of this State, or
				the highest court of any state or territory of the United States, may practice
				before any appeal tribunal and the commission.
(iv) The division and the commission, in its
				discretion, may refuse to allow any person to represent others in any
				proceeding before it who it finds is guilty of unethical conduct or who
				intentionally and repeatedly fails to observe the provisions of the Wyoming
				Employment Security Law or the rules and instructions of the
				commission.