Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Appendix A - STATUTORY AND REGULATORY REFERENCES

Current through July 13, 2024
Wyoming Statutes
§
									
										16-3-107. Contested cases; general
				procedure.
. . . .
(g) In all contested cases the taking of depositions and
				discovery shall be available to the parties in accordance with the provisions
				of Rules 26, 28 through 37 (excepting Rule 37(b)(1) and 37(b)(2)(D) therefrom)
				of the Wyoming Rules of Civil Procedure in effect on the date of the enactment
				of this act and any subsequent rule amendments thereto. All references therein
				to the "court" shall be deemed to refer to the appropriate "agency"; all
				references to the use of the subpoena power shall be references to subsection
				(c) of this section; all references to "trial" shall be deemed references to
				"hearing"; all references to "plaintiff" shall be deemed references to "a
				party". If a party or other witness refuses to be sworn or refuses to answer
				any question after being directed to do so by the agency in which the action is
				pending, the refusal to obey the agency order shall be enforced in the same
				manner as is provided in subsection (c) of this section.
. . . .
(o) The record in a contested case must include:
(i) All formal or informal notices, pleadings, motions and
				intermediate rulings;
(ii) Evidence received or considered including matters
				officially noticed;
(iii) Questions and offers of proof, objections and rulings
				thereon;
(iv) Any proposed findings and exceptions thereto;
(v) Any opinion, findings, decision or order of the agency and
				any report by the officer presiding at the hearing.
. . . .
(p) In all contested cases the proceeding including all
				testimony shall be reported verbatim stenographically or by any other
				appropriate means determined by the agency or the officer presiding at the
				hearing.
§
									
										16-3-113. License hearings.
. . . .
(c) No revocation, suspension, annulment or withdrawal of any
				license is lawful unless, prior to the institution of agency proceedings, the
				agency gave notice by mail to the licensee of facts or conduct which warrant
				the intended action, and the licensee was given an opportunity to show
				compliance with all lawful requirements for the retention of the license. If
				the agency finds that public health, safety or welfare imperatively requires
				emergency action, and incorporates a finding to that effect in its order,
				summary suspension of a license may be ordered pending proceedings for
				revocation or other action. A cancellation of a driver's license pursuant to
				W.S.
				31-7-121(c)  [repealed]
				shall not be valid until the department of transportation gives notice by mail
				to the licensee of the facts which warrant the intended action and provides the
				licensee with an opportunity to provide additional evidence or information with
				respect to the condition at issue within fifteen (15) days of the mailing of
				the notice. These proceedings shall be promptly instituted and
				determined.
Wyoming Rules of Civil Procedure
Rule 12. When and how presented; motion for judgment on
				the pleadings; consolidating motions; waiving defenses; pretrial
				hearing.
. . . .
(b) How to Present Defenses. Every defense to a claim for
				relief in any pleading must be asserted in the responsive pleading if one is
				required. But a party may assert the following defenses by motion: . . . (6)
				failure to state a claim upon which relief can be granted[.]
A motion asserting any of these defenses must be made before
				pleading if a responsive pleading is allowed. If a pleading sets out a claim
				for relief that does not require a responsive pleading, an opposing party may
				assert at trial any defense to that claim. No defense or objection is waived by
				joining it with one or more other defenses or objections in a responsive
				pleading or in a motion.
Rule 24. Intervention.
(a) Intervention of Right. On timely motion, the court must
				permit anyone to intervene who:
(1) is given an unconditional right to intervene by statute;
				or
(2) claims an interest relating to the property or transaction
				that is the subject of the action, and is so situated that disposing of the
				action may as a practical matter impair or impede the movant's ability to
				protect its interest, unless existing parties adequately represent that
				interest.
(b) Permissive Intervention.
(1) In General. On timely motion, the court may permit anyone
				to intervene who:
(A) is given a conditional right to intervene by statute;
				or
(B) has a claim or defense that shares with the main action a
				common question of law or fact.
(2) By a Government Officer or Agency. On timely motion, the
				court may permit a federal or state governmental officer or agency to intervene
				if a party's claim or defense is based on:
(A) a statute or executive order administered by the officer or
				agency; or
(B) any regulation, order, requirement, or agreement issued or
				made under the statute or executive order.
(3) Delay or Prejudice. In exercising its discretion, the court
				must consider whether the intervention will unduly delay or prejudice the
				adjudication of the original parties' rights.
(c) Notice and Pleading Required. A motion to intervene must be
				served on the parties as provided in Rule 5. The motion must state the grounds
				for intervention and be accompanied by a pleading that sets out the claim or
				defense for which intervention is sought.
Rule 25. Substitution of parties.
(a) Death.
(1) Substitution if the Claim Is Not Extinguished. If a party
				dies and the claim is not extinguished, the court may order substitution of the
				proper party. A motion for substitution may be made by any party or by the
				decedent's successor or representative. If the motion is not made within 90
				days after service of a statement noting the death, the action by or against
				the decedent must be dismissed.
(2) Continuation Among the Remaining Parties. After a party's
				death, if the right sought to be enforced survives only to or against the
				remaining parties, the action does not abate, but proceeds in favor of or
				against the remaining parties. The death should be noted on the record.
(3) Service. A motion to substitute, together with a notice of
				hearing, must be served on the parties as provided in Rule 5 and on nonparties
				as provided in Rule 4. A statement noting death must be served in the same
				manner. Service may be made in any judicial district.
(b) Incompetency. If a party becomes incompetent, the court
				may, on motion, permit the action to be continued by or against the party's
				representative. The motion must be served as provided in Rule 25(a)(3).
(c) Transfer of Interest. If an interest is transferred, the
				action may be continued by or against the original party unless the court, on
				motion, orders the transferee to be substituted in the action or joined with
				the original party. The motion must be served as provided in Rule
				25(a)(3).
(d) Public Officers; Death or Separation from Office.
(1) An action does not abate when a public officer who is a
				party in an official capacity dies, resigns, or otherwise ceases to hold office
				while the action is pending. The officer's successor is automatically
				substituted as a party. Later proceedings should be in the substituted party's
				name, but any misnomer not affecting the parties' substantial rights must be
				disregarded.
(2) A public officer who sues or is sued in an official
				capacity may be described as a party by the officer's official title rather
				than by name; but the court may require the officer's name to be added.
(e) Substitution at any stage. Substitution of parties under
				the provisions of this rule may be made, either before or after judgment, by
				the court then having jurisdiction.
Rule 45. Subpoena.
(a) In General.
(1) Form and Contents.
(A) Requirements-In General. Every subpoena must:
(i) state the court from which it issued;
(ii) state the title of the action and its civil action
				number;
(iii) command each person to whom it is directed to do the
				following at a specified time and place: attend and testify; produce and permit
				inspection, copying, testing, or sampling of designated documents,
				electronically stored information, or tangible things in that person's
				possession, custody, or control; or permit the inspection of premises;
				and
(iv) set out the text of Rule 45(c), (d) and (e).
(v) A command to produce evidence or to permit inspection,
				copying, testing, or sampling may be joined with a command to appear at trial
				or hearing or at deposition, or may be issued separately. A subpoena may
				specify the form or forms in which electronically stored information is to be
				produced.
(2) A subpoena must issue as follows:
(A) Command to Attend Trial. For attendance at a trial or
				hearing, from the court for the district in which the action is pending;
(B) Command to Attend a Deposition. For attendance at a
				deposition, from the court in which the action is pending, stating the method
				for recording the testimony; and
(C) Command to Produce. For production, inspection, copying,
				testing, or sampling, if separate from a subpoena commanding a person's
				attendance, from the court for the district where the production or inspection
				is to be made.
(3) Issued by Whom. The clerk shall issue a subpoena, signed
				but otherwise in blank, to a party requesting it, who shall complete it before
				service. An attorney as officer of the court may also issue and sign a subpoena
				on behalf of
(A) a court in which the attorney is authorized to practice;
				or
(B) a court for a district in which a deposition or production
				is compelled by the subpoena, if the deposition or production pertains to an
				action pending in a court in which the attorney is authorized to
				practice.
(4) Notice to Other Parties Before Service. If the subpoena
				commands the production of documents, electronically stored information, or
				tangible things or the inspection of premises before trial, then before it is
				served, a notice must be served on each party.
(b) Service; place of attendance; notice before service.
(1) By Whom and How; Fees. A subpoena may be served by the
				sheriff, by a deputy sheriff, or by any other person who is not a party and is
				not a minor, at any place within the State of Wyoming. Service of a subpoena
				upon a person named therein shall be made by delivering a copy thereof to such
				person and, if the person's attendance is commanded, by tendering to that
				person the fees for one day's attendance and the mileage allowed by law. The
				party subpoenaing any witness residing in a county other than that in which the
				action is pending shall pay to such witness, after the hearing or trial, the
				statutory per diem allowance for state employees for each day or part thereof
				necessarily spent by such witness in traveling to and from the court and in
				attendance at the hearing or trial.
(2) Proof of Service. Proving service, when necessary, requires
				filing with the clerk of the court by which the subpoena is issued, a statement
				of the date and manner of service and of the names of the persons served. The
				statement must be certified by the person who made the service.
(3) Place of Compliance for Trial. A subpoena for trial or
				hearing may require the person subpoenaed to appear at the trial or hearing
				irrespective of the person's place of residence, place of employment, or where
				such person regularly transacts business in person.
(4) Place of Compliance for Deposition. A person commanded by
				subpoena to appear at a deposition may be required to attend only in the county
				wherein that person resides or is employed or regularly transacts business in
				person, or at such other convenient place as is fixed by an order of court. A
				nonresident of the state may be required to attend only in the county wherein
				that nonresident is served with a subpoena or at such other convenient place as
				is fixed by an order of court.
(c) Protecting a Person Subject to Subpoena;
				Enforcement.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or an
				attorney responsible for the issuance and service of a subpoena shall take
				reasonable steps to avoid imposing undue burden or expense on a person subject
				to that subpoena. The court on behalf of which the subpoena was issued shall
				enforce this duty and impose upon the party or attorney in breach of this duty
				an appropriate sanction, which may include, but is not limited to, lost
				earnings and a reasonable attorney's fee.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance not Required. A person commanded to produce and
				permit inspection, copying, testing, or sampling of designated electronically
				stored information, books, papers, documents or tangible things, or inspection
				of premises need not appear in person at the place of production or inspection
				unless also commanded to appear for deposition, hearing or trial.
(B) Objections. Subject to paragraph (d)(2) of this rule, a
				person commanded to produce and permit inspection, copying, testing, or
				sampling may, within 14 days after service of the subpoena or before the time
				specified for compliance if such time is less than 14 days after service, serve
				upon the party or attorney designated in the subpoena written objection to
				producing any or all of the designated materials or inspection of the premises
				- or to producing electronically stored information in the form or forms
				requested. If objection is made, the party serving the subpoena shall not be
				entitled to inspect, copy, test, or sample the materials or inspect the
				premises except pursuant to an order of the court by which the subpoena was
				issued. If objection has been made, the party serving the subpoena may, upon
				notice to the person commanded to produce, move at any time for an order to
				compel the production, inspection, copying, testing, or sampling. Such an order
				to compel shall protect any person who is not a party or an officer of a party
				from significant expense resulting from the inspection, copying, testing, or
				sampling commanded.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court by which a
				subpoena was issued shall quash or modify the subpoena if it
(i) fails to allow reasonable time for compliance;
(ii) requires a person who is not a party or an officer of a
				party to travel outside that person's county of residence or employment or a
				county where that person regularly transacts business in person except that,
				subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person
				may in order to attend trial be commanded to travel from any such place within
				the state in which the trial is held;
(iii) requires disclosure of privileged or other protected
				matter and no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. If a subpoena
(i) requires disclosure of a trade secret or other confidential
				research, development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or
				information not describing specific events or occurrences in dispute and
				resulting from the expert's study made not at the request of any party,
				or
(iii) requires a person who is not a party or an officer of a
				party to incur substantial expense to travel to attend trial.
The court may, to protect a person subject to or affected by
				the subpoena, quash or modify the subpoena or, if the party in whose behalf the
				subpoena is issued shows substantial need for the testimony or material that
				cannot be otherwise met without undue hardship and assures that the person to
				whom the subpoena is addressed will be reasonably compensated, the court may
				order appearance or production only upon specified conditions.
(d) Duties in Responding to Subpoena.
(1) Producing Documents or Electronically Stored
				Information.
(A) Documents. A person responding to a subpoena to produce
				documents shall produce them as they are kept in the usual course of business
				or shall organize and label them to correspond with the categories in the
				demand.
(B) Form of Electronically Stored Information if Not Specified.
				If a subpoena does not specify the form or forms for producing electronically
				stored information, a person responding to a subpoena must produce the
				information in a form or forms in which the person ordinarily maintains it or
				in a form or forms that are reasonably usable.
(C) Electronically Stored Information Produced in Only One
				Form. A person responding to a subpoena need not produce the same
				electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. A person
				responding to a subpoena need not provide discovery of electronically stored
				information from sources that the person identifies as not reasonably
				accessible because of undue burden or cost. On motion to compel discovery or to
				quash, the person from whom discovery is sought must show that the information
				sought is not reasonably accessible because of undue burden or cost. If that
				showing is made, the court may nonetheless order discovery from such sources if
				the requesting party shows good cause, considering the limitations of Rule
				26(b)(2)(C). The court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Making a Claim. When information or material subject to a
				subpoena is withheld on a claim that it is privileged or subject to protection
				as trial preparation materials, the claim shall be made expressly and shall be
				supported by a description of the nature of the documents, communications, or
				things not produced that is sufficient to enable the demanding party to contest
				the claim.
(B) Information Produced. If information is produced in
				response to a subpoena that is subject to a claim of privilege or of protection
				as trial-preparation material, the person making the claim may notify any party
				that received the information of the claim and the basis for it. After being
				notified, a party must promptly return, sequester, or destroy the specified
				information and any copies it has and may not use or disclose the information
				until the claim is resolved. A receiving party may promptly present the
				information to the court under seal for a determination of the claim. If the
				receiving party disclosed the information before being notified, it must take
				reasonable steps to retrieve it. The person who produced the information must
				preserve the information until the claim is resolved.
(e) Contempt. Failure of any person without adequate excuse to
				obey a subpoena served upon that person may be deemed a contempt of the court
				from which the subpoena issued. An adequate cause for failure to obey exists
				when a subpoena purports to require a nonparty to attend or produce at a place
				not within the limits provided by subparagraph (c)(3)(A)(ii).
Rule 56. Summary judgment.
(a) Motion for Summary Judgment or Partial Summary Judgment. A
				party may move for summary judgment, identifying each claim or defense-or the
				part of each claim or defense-on which summary judgment is sought. The court
				shall grant summary judgment if the movant shows that there is no genuine
				dispute as to any material fact and the movant is entitled to judgment as a
				matter of law. The court should state on the record the reasons for granting or
				denying the motion.
(b) Time to File a Motion. Unless a different time is set by
				court order otherwise, a party may file a motion for summary judgment at any
				time.
(c) Procedures.
(1) Supporting Factual Positions. A party asserting that a fact
				cannot be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record,
				including depositions, documents, electronically stored information, affidavits
				or declarations, stipulations (including those made for purposes of the motion
				only), admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the
				absence or presence of a genuine dispute, or that an adverse party cannot
				produce admissible evidence to support the fact.
(2) Objection That a Fact Is Not Supported by Admissible
				Evidence. A party may object that the material cited to support or dispute a
				fact cannot be presented in a form that would be admissible in evidence.
(3) Materials Not Cited. The court need consider only the cited
				materials, but it may consider other materials in the record.
(4) Affidavits or Declarations. An affidavit or declaration
				used to support or oppose a motion must be made on personal knowledge, set out
				facts that would be admissible in evidence, and show that the affiant or
				declarant is competent to testify on the matters stated.
(d) When Facts are Unavailable to the Nonmovant. If a nonmovant
				shows by affidavit or declaration that, for specified reasons, it cannot
				present facts essential to justify its opposition, the court may:
(1) defer considering the motion or deny it;
(2) allow time to obtain affidavits or declarations or to take
				discovery; or
(3) issue any other appropriate order.
(e) Failing to Properly Support or Address a Fact. If a party
				fails to properly support an assertion of fact or fails to properly address
				another party's assertion of fact as required by Rule 56(c), the court
				may:
(1) give an opportunity to properly support or address the
				fact;
(2) consider the fact undisputed for purposes of the
				motion;
(3) grant summary judgment if the motion and supporting
				materials-including the facts considered undisputed-show that the movant is
				entitled to it; or
(4) issue any other appropriate order.
(f) Judgment Independent of the Motion. After giving notice and
				a reasonable time to respond, the court may:
(1) grant summary judgment for a nonmovant;
(2) grant the motion on grounds not raised by a party;
				or
(3) consider summary judgment on its own after identifying for
				the parties material facts that may not be genuinely in dispute.
(g) Failing to Grant All the Requested Relief. If the court
				does not grant all the relief requested by the motion, it may enter an order
				stating any material fact-including an item of damages or other relief-that is
				not genuinely in dispute and treating the fact as established in the
				case.
(h) Affidavit or Declaration Submitted in Bad Faith. If
				satisfied that an affidavit or declaration under this rule is submitted in bad
				faith or solely for delay, the court-after notice and a reasonable time to
				respond-may order the submitting party to pay the other party the reasonable
				expenses, including attorney's fees, it incurred as a result. An offending
				party or attorney may also be held in contempt or subjected to other
				appropriate sanctions.
Rule 56.1. Summary judgment - required statement of
				material facts.
(a) Upon any motion for summary judgment pursuant to Rule 56 of
				the Rules of Civil Procedure, in addition to the materials supporting the
				motion, there shall be annexed to the motion a separate, short and concise
				statement of the material facts as to which the moving party contends there is
				no genuine issue to be tried.
(b) In addition to the materials opposing a motion for summary
				judgment, there shall be annexed a separate, short and concise statement of
				material facts as to which it is contended that there exists a genuine issue to
				be tried.
(c) Such statements shall include pinpoint citations to the
				specific portions of the record and materials relied upon in support of the
				parties' position.