Wyoming Administrative Code › Agency 006 - Administration and Information, Dept. of › Sub-Agency 0001 - Wyoming Frontier Health Information Exchange (WYFI) Program › Chapter 3 - GRIEVANCE PROCEDURE › Section 3-8 - Hearing Procedure

Current through July 13, 2024
(a) The Board shall
				set the matter for hearing no later than thirty (30) days from the filing of
				the response. Notice of the hearing shall be served personaUy or by mail upon
				all parties at least ten (10) days prior to the date set for the hearing. The
				notice shall contain the information required by
				W.S.
				16-3-107(b). In the Board's
				discretion, and for good cause shown, the time for hearing may be extended for
				a period of time not to exceed an additional thirty (30) days.
(b) The Board shall designate a hearing
				officer to preside over pre-hearing matters and the hearing itself Said officer
				may be a member, the executive director of the Board, an employee of the Board,
				or an employee of another State agency. Any party may request that a different
				hearing officer be designated. Such request shall be made no later than ten
				days prior to the date set for the hearing. Any party may make onfy one such
				request. The hearing officer shall not participated in the decision, other than
				to inform the Board of the facts.
(c) Parties must mutuaUy request and provide
				informal discovery prior to filing formal discovery demands authorized by the
				Wyoming Rules of Civil Procedure. The Board shall liberaUy grant motions to
				shorten time for response to discovery requests, consistent with reasonable
				time for parties to provide requested information.
(d) Preparing conferences shall be held in
				all cases, pursuant to Rule 16 of the Wyoming Rules of Civil Procedure. The
				parties and the Board shall make a special effort at such conferences to narrow
				the issues, limit the amount of evidence, and to resolve the dispute prior to
				the actual hearing. Informal disposition may be made of any matter by
				stipulation, agreed settlement, consent order or default, pursuant toW.S.
				163-107(n).
(e) Hearings shall be
				open to the public, except that pre-hearing conferences and hearings may be
				held by telephone conference call if agreed to by all parties. A state employee
				or official who is a party to the proceeding may request in writing that the
				hearing be closed. Said request shall be filed with the record in the
				matter.
(f) Evidence received
				during a hearing shall be in the form of sworn testimony, subject to
				cross-examination. Documentary evidence and written testimony may be received
				as provided in
				W.S.
				16-3-108.
(g) A record shall be kept of the entire
				proceeding before the Board, as provided in
				W.S.
				16-3-107(p). The Board shall
				provide for a tape recording of the hearing, but any party, at his own expense,
				may arrange for stenographic recording.
(h) The hearing shall proceed in the
				following order:
(i) opening statements by
				claimant and opposing party:
(ii)
				presentation of claimant's case:
(iii) presentation of opposing party's
				case:
(iv) rebuttal by both parties
				at the Board's discretion:
(V)
				closing statements at the Board's discretion.