reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 006 - Administration and Information, Dept. of › Sub-Agency 0012 - State Building Commission › Chapter 7 - LEASING OF PROPERTY › Section 7-1

Current through July 13, 2024
General Services Division to Serve as Leasing Agent. Pursuant
				  to W.S.
				  9-2-1023(a)(i), GSD shall
				  lease all property for the state.
Wyoming Administrative Code › Agency 006 - Administration and Information, Dept. of › Sub-Agency 0012 - State Building Commission › Chapter 7 - LEASING OF PROPERTY › Section 7-2 - Leasing of Facilities on Competitive Basis

Current through July 13, 2024
Leasing shall be done using a formal "Request for Proposal"
				  (RFP) process.
(a) Notice of RFP shall
				be given by advertising in at least one newspaper of general circulation in the
				community where the leased space is needed. Notice will be advertised a minimum
				of three consecutive weeks prior to the date for accepting proposals. Notice
				shall include description of space needs and other facility requirements.
				Proposals shall be received and opened by the Purchasing Section of General
				Services Division of the Department of Administration and
				Information.
Wyoming Administrative Code › Agency 006 - Administration and Information, Dept. of › Sub-Agency 0012 - State Building Commission › Chapter 7 - LEASING OF PROPERTY › Section 7-3 - Leasing of Facilities through Non-competitive Negotiations

Current through July 13, 2024
Leasing may be conducted and leasing contracts initiated if
				  the GSD Administrator determines in writing that competitive bidding is not
				  feasible.
Wyoming Administrative Code › Agency 006 - Administration and Information, Dept. of › Sub-Agency 0012 - State Building Commission › Chapter 7 - LEASING OF PROPERTY › Section 7-4 - Services Provided by Leasing Agent

Current through July 13, 2024
GSD shall provide the following services: initiate all
				  "Requests for Proposals" for leased space; serve as primary contact with
				  lessors with regard to all leasing related issues; initiate and process all
				  contract documents; and initiate and process all lease payments.
(a) GSD shall lease facilities for state
				boards and commissions. However, boards and commissions shall reimburse GSD for
				all lease payments. Boards and commissions shall also be responsible for
				payment of any liquidated damages in the event a lease is terminated
				early.
(b) GSD will not accept
				responsibility for day-to-day administration and house-keeping activities for
				boards and commissions.
Wyoming Administrative Code › Agency 006 - Administration and Information, Dept. of › Sub-Agency 0012 - State Building Commission › Chapter 8 - DISPOSITION OF PROPERTY › Section 8-1 - Sale of Real Property

Current through July 13, 2024
Pursuant to
				  W.S.
				  9-2-1016(b)(viii), the
				  Department of Administration and Information through the General Services
				  Division, Purchasing Section shall dispose of real property in excess of forty
				  (40) acres in one (1) tract, or valued at fifteen thousand dollars ($15,000.00)
				  or more in accordance with the following rules:
(a) Fair Market Value. Prior to any
				disposition, the current appraised value of the property shall be
				determined.
(b) Public Sale of
				Property. Property may be offered for public sale by any of the following
				methods as determined by the GSD Purchasing Section.
(i) Public Auction. Notice shall be given by
				advertising in at least one newspaper of general circulation in the county
				where the land is located for a minimum of one time a week for three
				consecutive weeks prior to sale. This notice shall contain the location of the
				property, the date, time and place of sale, conditions of sale and persons to
				contact to inspect the property.
(ii) Sale by Sealed Bid. Notice of sale will
				be given by advertising in at least one newspaper of general circulation in the
				county where the land is located for minimum of one time a week for three
				consecutive weeks prior to the advertised date for accepting bids. Notice shall
				contain the location(s) of the property, person(s) to contact to inspect the
				property, date by which bids must be submitted, place where bids must be
				submitted and conditions of sale. Bids shall be received and opened by GSD
				Purchasing Section.
(iii) Sale
				through Listing with a Real Estate Agent/Agency. Upon approval of the SBC, real
				property may be disposed of through listing with a private real estate
				agent/agency. Real estate agents/agencies shall be selected through a
				competitive bid process, and all sales of real property listed with private
				real estate agents/agencies shall be public sales.
Wyoming Administrative Code › Agency 006 - Administration and Information, Dept. of › Sub-Agency 0012 - State Building Commission › Chapter 9 - PURCHASE OR LEASE OF STATE LANDS AND BUILDINGS › Section 9-1 - Determination of Availability of State Owned Property

Current through July 13, 2024
Prior to purchase of any property for any state purpose,
				  state agencies or boards shall, through the SBC, determine if suitable state
				  owned property is available.
(a)
				Agency/board shall provide the SBC with written proposal to purchase prior to
				initiating any action.
(b) GSD
				shall assess the agency/board proposal and determine if suitable state owned
				property is available. Written notification of GSD's determination shall be
				provided to the agency/board and the SBC.
(c) If GSD determines that suitable state
				owned property is available, the SBC may direct the agency/board to initiate
				negotiation for the purchase or lease of the property with the controlling
				agency/ board.
(d) If GSD
				determines that suitable state owned property is not available, or if the
				purchasing agency/board and the controlling agency/board cannot agree to terms
				for purchase or lease of the state owned property, SBC may grant permission to
				the purchasing agency/board to initiate negotiation for the purchase or lease
				of property with a private property owner.
Wyoming Administrative Code › Agency 006 - Administration and Information, Dept. of › Sub-Agency 0012 - State Building Commission › Chapter 9 - PURCHASE OR LEASE OF STATE LANDS AND BUILDINGS › Section 9-2 - Approval of Purchase or Lease

Current through July 13, 2024
The purchase or lease of any property shall require SBC's
				  formal approval prior to the purchase or lease.
(a) GSD, with SBC approval, may purchase,
				take options to purchase and lease property for future state use.
(i) GSD may lease acquired property to a
				non-state entity until such time as it can be used by the state.
(ii) GSD may contract for the management of
				leased property for future use.
(iii) GSD may pay tax assessments to the
				appropriate county from the proceeds of the lease income.
Wyoming Administrative Code › Agency 006 - Administration and Information, Dept. of › Sub-Agency 0012 - State Building Commission › Chapter 10 - MAINTAINING, OPERATING, EQUIPPING & LEASING STATE BUILDINGS › Section 10-1 - Maintenance of State Buildings

Current through July 13, 2024
To facilitate maintenance of state buildings, the following
				  procedures shall be followed.
(a) GSD
				shall keep architectural, mechanical and electrical documentation for all state
				buildings. Agencies exempt from SBC oversight shall be asked to provide
				documentation to GSD. The documentation GSD shall keep for each state building
				shall include the following, a copy of which shall also be kept at each state
				building.
(i) Operations and maintenance
				manual.
(ii) Architectural,
				mechanical, electrical and plumbing as-built drawings.
(A) As-built drawings shall be promptly
				updated upon changes in the structural, mechanical, electrical or plumbing
				systems.
(iii) Copies of
				all building documentation received by GSD shall be archived with the
				Department of Commerce, Archives and Records Management Section.
Wyoming Administrative Code › Agency 006 - Administration and Information, Dept. of › Sub-Agency 0012 - State Building Commission › Chapter 10 - MAINTAINING, OPERATING, EQUIPPING & LEASING STATE BUILDINGS › Section 10-2 - Equipment Data Base and Tagging

Current through July 13, 2024
An equipment data base and an appropriate numbering/tagging
				  system of equipment shall be utilized.
(a) All equipment tags and data shall be
				collected, documented and filed in a computerized data base when feasible. If a
				computerized data base is not available, hard copy records shall be organized
				for future computerization.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules are promulgated by authority of Wyoming Statute
				  §§
									
										16-3-102  and
				  9-2-2203.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 1-2 - Construction

Current through July 13, 2024
These rules are to be liberally construed to assure the
				  unbiased, fair, expeditious, and impartial conduct of contested case proceedings
				  before the Office of Administrative Hearings or any Board, Agency, or Commission
				  that uses these Rules. Any procedural rule may be relaxed or modified by the
				  presiding hearing examiner only in the interest of fairness or justice. In the
				  absence of rule, the presiding hearing examiner may proceed in any manner
				  consistent with the intent of these rules.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-1 - Authority and Scope

Current through July 13, 2024
These rules are promulgated by authority of Wyoming Statute
				  §
									
										16-3-102(d). These rules
				  shall govern all contested case proceedings before all agencies to the extent
				  they are adopted, and shall be relied upon by hearing officers, adjudicative
				  agencies, and parties in all contested cases before any agency. Agencies may
				  develop forms not inconsistent with these rules.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-2 - Incorporation by Reference

Current through July 13, 2024
(a) The code,
				standard, rule, or regulation below is incorporated by reference and can be
				found at:
http://www.courts.state.wy.us/Supreme/CourtRule?CourtRuleCategoryID=15
(i) Rule 12(b)(6), Wyoming Rules of Civil
				Procedure, adopted by the Wyoming Supreme Court and in effect on March 1,
				2017;
(ii) Rule 24, Wyoming Rules
				of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on March
				1, 2017;
(iii) Rule 45, Wyoming
				Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on
				March 1, 2017;
(iv) Rule 25,
				Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in
				effect on March 1, 2017;
(v) Rule
				56, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and
				in effect on March 1, 2017;
(vi)
				Rule 56.1, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme
				Court and in effect on March 1, 2017;
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-3 - Definitions

Current through July 13, 2024
The following definitions shall apply to this Chapter:
(a) "Adjudicative agency" means an agency
				authorized to conduct and preside over its own contested cases.
(b) "Agency" means any authority, bureau,
				board, commission, department, division of the state, or other entities that
				are statutorily authorized to refer cases to the Office.
(c) "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.
(d) "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.
(e) "Hearing officer" means a hearing
				examiner from the Office, a presiding officer of any agency, an attorney who
				has been retained by an agency to preside over a contested case, an officer of
				any agency 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) "Hearing panel" means
				those members of an agency or adjudicative agency who are designated and
				authorized to make a final decision in a contested case.
(g) "Office" means the Office of
				Administrative Hearings.
(h)
				"Referring agency" means any agency which has referred a contested case for
				hearing before the Office or before another hearing officer.
(i) "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.
(j) "Wyoming Administrative Procedure Act"
				means Wyoming Statute §§
									
										16-3-101 through -115.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-4 - Informal Proceedings and Alternative Dispute Resolution

Current through July 13, 2024
(a) Nothing in
				these rules shall be construed so as to prevent any agency from establishing
				informal procedures for resolving a contested case or from establishing
				procedures which are intended to occur prior to an agency'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. If the parties choose to engage in
				mediation, they shall request mediation at least 30 days prior to
				hearing.
(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 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-5 - Commencement of Contested Case Proceedings

Current through July 13, 2024
(a) A contested
				case shall be commenced by filing a timely request for a hearing of any agency
				action or inaction, or the filing of an application, petition, complaint or
				other document which, as a matter of law, entitles the petitioner, applicant,
				complainant, or respondent an opportunity to be heard.
(b) At the commencement of every contested
				case, an agency or hearing officer shall issue a notice of hearing including a
				statement of:
(i) the time, place and nature
				of the hearing;
(ii) the legal
				authority and jurisdiction under which the hearing is to be held;
(iii) the particular sections of the statutes
				and rules involved; and
(iv) a
				short and plain statement of the matters asserted. If the agency or hearing
				officer is unable to state the matters in detail at the time the notice is
				served, the initial notice may be limited to a statement of the issues involved
				and, thereafter, upon application, a more definite and detailed statement shall
				be furnished.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-6 - Referral to Office

Current through July 13, 2024
(a) Upon referral
				to the Office to conduct a contested case, the referring 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 referring agency shall
				submit a transmittal sheet, on a form provided by the Office, sufficiently
				identifying the contested case, including:
(i)
				the name of the referring 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 referring agency that all parties have been properly served with a true and
				complete copy of the transmittal form.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-7 - Referral to Hearing Officer Other Than the Office

Current through July 13, 2024
When an agency refers a contested case to a hearing officer
				  other than the Office or when an adjudicative agency retains a contested case,
				  the agency shall comply with any referral requirements of that hearing officer
				  or adjudicative agency.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-8 - Designation and Authority of Hearing Officer; Recusal

Current through July 13, 2024
(a) Any agency 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 referring agency's request, the hearing officer may provide either a
				recommended or final decision.
(b)
				Upon referral for contested case by a referring 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 referring agency for entry of a final
				decision.
(c) At any time while a
				contested case is pending, a hearing officer or hearing panel member 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 or hearing panel member shall not participate in the contested
				case.
(d) Upon motion of any party,
				recusal of a hearing officer or hearing panel member shall be for cause.
				Whenever the grounds for such motion become known, any party may move for a
				recusal of a hearing officer or hearing panel member on the ground that the
				hearing officer or hearing panel member:
(i)
				has been engaged as counsel in the action prior to being appointed as hearing
				officer or hearing panel member;
(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 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-9 - 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, which is set forth in its entirety in Appendix A, 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 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-10 - 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 or hearing panel
				  member 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 or
				  hearing panel member 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 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-11 - 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 referring agency or adjudicative agency, 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 referring agency or adjudicative agency 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 known address. If the referring agency or
				adjudicative agency permits filing and service by any electronic method, filing
				and service may be accomplished accordingly. Parties wishing to file by means
				other than those described in this Section shall obtain preapproval from the
				hearing officer.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-12 - Computation of Time

Current through July 13, 2024
(a) 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. When the period of time prescribed
				or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal
				holidays shall be excluded in the computation. As used in this rule, "legal
				holiday" includes any day officially recognized as a legal holiday in this
				state by designation of the legislature or appointment as a holiday by the
				governor.
(b) Whenever a party has
				the right or is required to do some act within a prescribed period after the
				service of a notice or other paper upon the party, and the notice or paper is
				served upon the party by mail or by delivery to the agency for service, three
				days shall be added to the prescribed period.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-13 - Motions and Motion Practice

Current through July 13, 2024
(a) Unless these
				rules or an order of the hearing officer establish time limitations other than
				those contained herein, all motions except motions for enlargement of time and
				motions made during hearing, shall be served at least 10 days before the
				hearing on the motion. A party affected by the motion may serve a response,
				together with affidavits, if any, at least three days prior to the hearing on
				the motion or within 20 days after service of the motion, whichever is earlier.
				Unless the hearing officer permits service at some other time, the moving party
				may serve a reply, if any, at least one day prior to the hearing on the motion
				or within 15 days after service of the response, whichever is earlier. Unless
				the hearing officer otherwise orders, any party may serve supplemental
				memoranda or rebuttal affidavits at least one day prior to the hearing on the
				motion.
(b) A request for hearing
				may be served by the moving party or any party affected by the motion within 20
				days after service of the motion. The hearing officer may determine such motion
				without a hearing.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-14 - Setting Hearings, Other Proceedings, and Location of Hearings

Current through July 13, 2024
(a) The hearing
				officer or adjudicative 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;
				and
(iii) the name, address,
				telephone number, and signature of the person who prepared the
				document.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-15 - 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 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-16 - 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.
(d) Continuances relating to mediation shall
				be made no later than 30 days prior to the date of the hearing, as referenced
				in Section
				4(b) of this
				Chapter.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-17 - Discovery

Current through July 13, 2024
(a) The taking of
				depositions and discovery shall be in accordance with Wyoming Statute §
									
										16-3-107(g), which is set
				forth in its entirety in Appendix A.
(b) Unless the hearing officer or
				adjudicative agency orders otherwise, parties shall not file discovery
				requests, answers, and deposition notices with the hearing officer or
				adjudicative agency.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-18 - Subpoenas

Current through July 13, 2024
Attorneys may issue subpoenas according to law. Any
				  non-attorney 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, which
				  is set forth in its entirety in Appendix A. Parties may utilize the form
				  subpoena at Appendix B to these Rules.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-19 - Summary Disposition

Current through July 13, 2024
Rules 12(b)(6), 56.1, and 56, Wyoming Rules of Civil
				  Procedure, which are set forth in their entirety in Appendix A, apply to
				  contested cases.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-20 - 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 referring agency,
				with a copy provided to the hearing officer or adjudicative agency;
(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 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-22 - 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 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-23 - 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.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-24 - 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 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-25 - 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 referring agency
				  may enter an order, on its own motion, dismissing the case.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-26 - Expedited Hearing

Current through July 13, 2024
(a) At the hearing
				officer's or hearing panel'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), which is set
				forth in its entirety in Appendix A, 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 or hearing panel may permit oral arguments upon
				the request of any party.
(c) The
				hearing officer or hearing panel 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 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-27 - 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 referring 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 referring agency and served on all
				  parties.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-28 - Final Decision

Current through July 13, 2024
(a) A final
				decision entered by a hearing officer or adjudicative agency shall be in
				writing, filed with the referring agency, and served upon all parties to the
				contested case. A final decision entered by the referring agency or
				adjudicative agency shall be served upon all parties and the hearing
				officer.
(b) A final decision shall
				include findings of fact and conclusions of law, separately stated. When the
				hearing officer allows the parties to submit a proposed final order, the
				parties shall forward the original to the agency and serve copies of the
				proposed order on all other parties and the hearing officer.
(c) A hearing officer or adjudicative agency
				may at any time prior to judicial review, correct clerical errors in final
				decisions or other parts of the record. A party may move that clerical errors
				or other parts of the record be corrected. During the pendency of judicial
				review, such errors may be corrected only with leave of the court having
				jurisdiction.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - CONTESTED CASE PROCEEDINGS › Section 2-29 - Record of Proceeding

Current through July 13, 2024
The referring agency or adjudicative agency shall make
				  appropriate arrangements to assure that a record of the proceeding is kept
				  pursuant to Wyoming Statute §
									
										16-3-107(o) and (p), which
				  are set forth in their entirety in Appendix A. Copies of the transcript taken
				  at any hearing may be obtained by any party, interested person, or entity from
				  the court reporter taking the testimony at such fee as the reporter my
				  charge.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - EVIDENTIARY HEARING AND DECISION › Section 3-1 - Evidence

Current through July 13, 2024
(a) Generally, the taking of evidence at the
				evidentiary contested case hearing shall be governed by Wyo. Stat. Ann. §
									
										16-3-108  and case law thereunder.
(b) Evidence may be received in written form,
				yet if such written evidence would not be admissible under the Wyoming Rules of
				Evidence, all parties should be afforded a reasonable opportunity to confront and
				cross-examine the author of the written evidence. Generally, such a reasonable
				opportunity is afforded by giving all parties written notice of the intent to
				introduce and rely upon the written evidence a reasonable period of time prior to
				the scheduled evidentiary hearing.
(c) Irrelevant, immaterial or unduly
				repetitious evidence shall be excluded.
(d) Effect shall be given to the rules of
				privilege as recognized by Wyoming law.
(e) Administrative notice may be taken of
				judicially cognizable facts, provided the parties are properly notified of any
				material facts noticed.
(f) Unless
				otherwise provided by law, the party generally with the burden of proof will be
				the first to present evidence, all other parties being allowed to cross-examine
				in an orderly fashion. When that party rests, other parties will then be allowed
				to present their evidence, again allowing for orderly cross-examination. Rebuttal
				and surrebuttal evidence will be allowed only in the discretion of the presiding
				officer.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - EVIDENTIARY HEARING AND DECISION › Section 3-2 - Record of Proceedings

Current through July 13, 2024
. The referring agency shall make appropriate arrangements to
				  assure that a record of the proceeding is kept pursuant to Wyo. Stat. Ann. §
									
										16-3-107.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - EVIDENTIARY HEARING AND DECISION › Section 3-3 - Briefs

Current through July 13, 2024
. If a party desires to submit a written brief, a request shall
				  be made to the presiding officer. If approved, a date shall be set by which such
				  brief is due. Briefs should set forth the factual and legal position of the party
				  and be filed and served on all parties to the contested case.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - EVIDENTIARY HEARING AND DECISION › Section 3-4 - Telephone Conferences

Current through July 13, 2024
. At the discretion of the presiding officer, telephone
				  conference calls may be used to conduct any hearing or other proceeding. At the
				  discretion of the presiding officer, parties or their witnesses may be allowed to
				  participate in hearings by telephone.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - EVIDENTIARY HEARING AND DECISION › Section 3-5 - Recommended Decision

Current through July 13, 2024
. In those instances where the Office makes a recommended
				  decision, the presiding officer shall file the recommended decision with the
				  referring agency and serve copies of the recommended decision on all parties to
				  the contested case.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - EVIDENTIARY HEARING AND DECISION › Section 3-6 - Final Decision

Current through July 13, 2024
(a) Any final
				decision entered by the Office shall be in writing, filed with the referring
				agency and served upon all parties to the contested case. A final decision
				entered by the referring agency rather than this Office, should be served upon
				the Office.
(b) The final decision
				shall include findings of fact and conclusions of law on all material issues in
				the contested case. Final decisions may be in either order or decision letter
				form. When the Office requests that counsel draft a proposed final order, counsel
				may forward the original to the Office, concurrently serving copies of the
				proposed order on all other parties along with notice that any objections to the
				form of the proposed order must be made within ten (10) days.
(c) Within ten (10) days of the date of the
				final decision, any party may file a motion for reconsideration or rehearing for
				any of the reasons identified in Rule  59(a), Wyoming Rules of Civil Procedure.
				The Office shall issue a written order in response to the motion.
(d) Clerical mistakes in final decisions or
				other parts of the record may be corrected by the Office at any time, of its own
				initiative, or on the motion of any party and upon notice to all parties. During
				the pendency of judicial review, such mistakes may be corrected only with leave
				of the court having jurisdiction.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 4 - JUDICIAL REVIEW › Section 4-1 - Judicial Review

Current through July 13, 2024
. Unless otherwise provided by law, any party aggrieved or
				  adversely affected by a final decision in a contested case is entitled to
				  judicial review in the appropriate district court pursuant to Wyo. Stat. Ann.
				  §
									
										16-3-114  and Rule  12, Wyoming Rules of
				  Appellate Procedure
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - SPECIAL RULES RELATING TO WORKERS' COMPENSATION › Section 5-1 - General Construction

Current through July 13, 2024
These special rules relating to workers' compensation
				  contested case proceedings before the Office are intended to supplement the
				  foregoing provisions of Chapter 2. To the extent that any difference exists,
				  the special rule takes precedence over any foregoing
				  provision.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - SPECIAL RULES RELATING TO WORKERS' COMPENSATION › Section 5-2 - Filing and Service of Papers

Current through July 13, 2024
In all workers' compensation contested cases, the parties
				  shall file all original documents, pleadings, and motions with the Workers'
				  Compensation Division, with true and complete copies of the particular
				  document, pleading, or motion properly served on all other parties or their
				  attorneys, and this Office. Wyo. Stat. Ann. §§
									27-14-601(n) and
				  27-14-602.