Wyoming Administrative Code › Agency 011 - Revenue Dept › Sub-Agency 0007 - Liquor Distribution › Chapter 20 - LIQUOR DIVISION METHODOLOGY › Section 20-12 - Hearing Procedures

Current through July 13, 2024
(a.) Purpose. These
				rules are established to provide a fair and efficient method for administrative
				hearings relative to suspension or revocation of licenses by the Division.
				These procedures may be utilized when a formal hearing is necessary for other
				purposes as well.
(b.) Commencement
				of Action. Upon an appropriate showing of violation of Title 12 of Wyoming
				Statutes or the Rules of the Division, the Division may commence proceedings to
				suspend or revoke the license of the alleged offender.
In an Order to Show Cause, the Division shall notify the
				  licensee of the:
Time, place and nature of the hearing;
The legal authority and jurisdiction under which the hearing
				  is to be held;
The particular sections of the statutes and rules involved;
				  and
A short and plain statement of the violations alleged.
No answer is required, and at the hearing, the licensee may
				  appear and show why his license should not be suspended or revoked.
(c.) Time and Place of Hearing.
				The hearing may be held no less than twenty (20) days after service of the
				Order to Show Cause upon the licensee, so that the licensee may have adequate
				time for preparation. Upon motion and for good cause, the hearing may be
				postponed by the Division until a later date.
Hearings shall be conducted in Cheyenne, Wyoming, unless upon
				  motion and for good cause shown the Division determines another location is
				  preferable.
(d.) Service.
				The Order to Show Cause shall be served personally or by mail, return receipt
				requested, addressed to the place of business of the licensee or permittee, or
				to the most recent residence address filed with the Division of a licensed
				representative.
(e.) Hearing
				Officer. The Division shall designate a hearing officer to conduct the hearing.
The licensee may move to disqualify a hearing officer by
				  filing written motion and supporting affidavits of personal bias with the
				  Division. After careful consideration of the evidence presented, the director
				  of the Department shall rule upon the motion.
Hearing officers may withdraw whenever they deem themselves
				  disqualified because of personal bias or other substantial reason.
(f.) Authority of Hearing
				Officers. Hearing officers have the authority in accordance with
				W.S.
				16-3-112 to:
Administer oaths and affirmations;
Issue subpoenas;
Rule upon offers of proof and receive relevant
				  evidence;
Take or cause depositions to be taken in accordance with the
				  provisions of the Administrative Procedure Act, W.S. W.S.
				  W.S.
				  16-3-101 through
				  16-3-115;
Regulate the course of the hearing;
Hold conferences for the settlement or simplification of the
				  issues;
Dispose of procedural requests or similar matters;
Make recommended decisions when directed to do so by the
				  agency; and
Make any action authorized by agency rules, the
				  Administrative Procedures Act, or the Alcoholic Beverage Statutes.
(g.) Counsel. All parties may
				appear at the hearing with or without counsel or other representative of their
				choice.
(h.) Inspection of File.
				Each party, or their authorized representative, shall be permitted to inspect
				and copy, at their own expense at the offices of the Division, all documents
				filed in the license suspension or revocation proceedings, and all documents
				regarding the subject of the hearing contained in the Division's files
				permitted by law to be inspected and copied.
(i.) Record of Proceedings. The hearing shall
				be reported verbatim, stenographically or by any other appropriate means
				determined by the Division or hearing officer. A copy will be furnished to any
				party upon written request to the Division and payment of a reasonable fee. If
				one or more parties desires the hearing transcribed by a certified court
				reporter, such parties must make the necessary arrangements and bear the cost.
				By agreement of the parties, court reporter fees and transcription charges may
				be shared.
(j.) Order of Procedure
				at Hearing. Hearings shall be conducted substantially as follows:
The hearing officer shall announce that the hearing is called
				  to order and announce the matter to be heard, briefly summarizing the case and
				  the issues.
The hearing officer shall take up any preliminary motions or
				  matters to be discussed.
The Division may present a brief opening statement of the
				  charges, explain the theory of the case and what the evidence will show.
The licensee may present his/her opening statement in the
				  same manner.
The Division shall then present the evidence of the Division,
				  subject to cross examination by the licensee and the hearing officer.
The licensee shall present his/her evidence, subject to cross
				  examination by the Division and the hearing officer. The Division may follow
				  with rebuttal evidence.
Closing statements may be made at the conclusion of the
				  evidence by both parties. These statements may include summaries of the
				  evidence and legal arguments. The Division shall precede the licensee and may
				  also briefly rebut licensee's closing statement.
The hearing officer may ask for proposed findings of fact and
				  conclusions of law from both parties, to be submitted within a reasonable
				  time.
After all proceedings have been concluded the hearing officer
				  shall dismiss and excuse all witnesses not already excused and declare the
				  hearing closed.
(k.)
				Decision of Department.
Within twenty (20) working days after completion, the hearing
				  officer shall prepare proposed findings of fact and conclusions of law for
				  submittal, along with the entire record as defined in W.S. W.S.
				  W.S.
				  16-3-107(o), and the
				  proposed findings of fact and conclusions of law from both parties, if any, to
				  the director of the Department of Revenue. By agreement of all parties such
				  period may be extended.
After receipt of the record, the Department of Revenue shall
				  within twenty (20) working days enter a decision and final order containing
				  findings of fact and conclusions of law, signed by the director of the
				  Department. By agreement of all parties such period may be extended.
The licensee shall be promptly notified by mail of the final
				  order.
(l.) Appeals to
				District Court. Any licensee aggrieved or adversely affected by a final
				decision of the Department of Revenue after a hearing is entitled to judicial
				review in the appropriate district court pursuant to W.S. W.S.
				W.S.
				16-3-114 and W.S. W.S.
				W.S.
				12-7-201(d).