reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 1 - GENERAL PROVISIONS › Section 1-8 - Program administration

Current through July 13, 2024
(a) The Office shall
				provide necessary administrative support and oversight for the Program. The
				Program Deputy Director, any supervisory attorney guardians
ad
				litem
, and the Permanency Attorney are authorized and may attend all
				proceedings in an action, including closed proceedings, to assess performance,
				oversee, or assist an attorney guardian
ad litem
, unless a
				conflict of interest exists.
(b) The
				Office shall require any attorney who seeks to contract with or be employed by
				the Office for legal representation of children as a guardian
ad
				litem
to meet the standards for guardians
ad litem
established by the Office, the Program and the Program Deputy Director.
(c) The Office shall, in its discretion, set
				standard fee schedules for guardian
ad litem
services.
(d) The Program and the Program Deputy Director
				shall ensure that the attorney guardians'
ad litem
advice
				remains independent of private providers and the judicial system and, pursuant to
				Wyoming Statutes, that their recommendations consider cost impacts and savings to
				the state of Wyoming.
(e) Utilizing
				Program staff and supervising attorneys in each Program District, the Program
				will find a guardian
ad litem
available to take a new case and
				appear at the shelter care/detention hearing, upon notice from the Judge or
				County/District Attorney.
(i) If the court
				appoints the Program as the representative guardian
ad litem
,
				the Program, and therefore the Program Deputy Director, is the "attorney of
				record" and the Program shall assign the case to a guardian
ad
				litem
.
(ii) Any attorney
				appointed by the court, outside of the Program Deputy Director and not on the
				Program's Panel, will not be reimbursed or compensated by the Office.
(iii) Nothing herein precludes the Program from
				appointing the University of Wyoming College of Law Clinics to a case. The clinic
				students serve as GALs under the direct supervision of a faculty supervisor and
				do not charge legal fees for their services.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 1 - GENERAL PROVISIONS › Section 1-9 - Full-time guardians ad litem

Current through July 13, 2024
A full-time attorney GAL shall not engage in private practice
				  except to complete business pending at time of his/her employment or contract. A
				  full-time GAL shall devote his/her fulltime to performing GAL services as
				  directed by the Deputy Director and is supervised by the Deputy
				  Director.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 1 - GENERAL PROVISIONS › Section 1-10 - Confidentiality

Current through July 13, 2024
All information provided to the Program staff and GALs shall be
				  confidential and shall not be released or admitted in a court proceeding unless
				  otherwise ordered by a court. In no event shall communications between a child
				  and the child's GAL be admitted, without the child's informed consent, even if
				  that information has been provided to Program staff. In a case where a child is
				  unable to give "informed consent" to such a release of privileged communication,
				  the decision of whether to waive the attorney-client privilege is reserved to the
				  GAL. Finally, under Rule  1.6(b) of the Wyoming Rules of Professional Conduct, a
				  GAL may reveal confidential information relating to the representation, without
				  informed consent, to the extent the GAL reasonably believes it is necessary to
				  protect the best interests of the client.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 1 - GENERAL PROVISIONS › Section 1-12 - Interpretation of Rules

Current through July 13, 2024
(a) The order in
				which the provisions of the chapters of these Rules appear is not to be construed
				to mean that any one provision is more or less important than any other
				provision.
(b) The text of the
				chapters of these Rules shall control the titles of its various
				provisions.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 2 - STANDARDS, CERTIFICATION AND TRAINING › Section 2-1 - Applicability

Current through July 13, 2024
(a) These standards set forth the obligations
				of GALs in Abuse/Neglect, CHINS, Delinquency, TPR, and Appellate
				proceedings.
(b) Nothing herein shall
				be applied in a way that limits or compromises the child's right to counsel in a
				child in need of supervision or delinquency action.
(c) All GALs who provide services for the
				Program pursuant to these Rules shall be admitted to practice law in Wyoming,
				shall be in good standing with the Wyoming State Bar, and shall complete an
				initial training program to the Program Deputy Director's satisfaction.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 2 - STANDARDS, CERTIFICATION AND TRAINING › Section 2-2 - Role of attorney guardian ad litem

Current through July 13, 2024
(a) The attorney
				guardian
ad litem
hybrid model is the model referred to whenever
				"attorney guardian
ad litem
" is set forth herein. This model
				provides an attorney to represent the child and instructs the attorney to
				represent the child's "best interests." Rather than taking direction from the
				client, as is the case in traditional attorney representation of adults, the
				attorney guardian
ad litem
is charged with forming the client's
				position by using his/her own judgment as to the child's "best interests." The
				attorney guardian
ad litem
is required to consider the child's
				wishes and preferences when determining the child's best interests, but he or she
				is not bound by them as in the traditional attorney-client relationship. If the
				attorney guardian
ad litem
determines that the child's expressed
				preference is not in the best interests of the child, both the child's wishes and
				the basis of the attorney guardian
ad litem's
disagreement must
				be presented to the court.
(b) Client
				Preferences. The attorney guardian
ad litem
should elicit the
				child's preferences in a developmentally appropriate manner, advise the child,
				and provide guidance, including explaining to the child what recommendations the
				GAL is going to make and why she is making them.
(i) The guardian
ad litem
should ensure the child's ability to express his preferences by structuring all
				communications to account for the individual child's age, developmental level,
				level of education, cultural context, disability if any, and degree of language
				acquisition.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 2 - STANDARDS, CERTIFICATION AND TRAINING › Section 2-4 - Qualifications and training

Current through July 13, 2024
(a) Before the Office
				may contract with an attorney to provide attorney guardian
ad
				litem
services for the Program, the attorney must satisfy certain
				minimum training qualifications in addition to the requirements set forth by
				these Rules above.
(b) The Program
				will contract with and employ attorneys only from the ranks of qualified
				attorneys. Contracts, employment, appointments and assignments will not be made
				without regard to prior training or practice. Competence requires relevant
				training and experience. Attorneys assigned as attorney guardians
ad
				litem
pursuant to these Rules and the Program shall be subject to all of
				the rules and standards of the legal profession.
(i)
Initial training
. A lawyer
				shall not be qualified for an initial contract, employment, appointment or
				assignment (for placement on the GAL Panel) pursuant to these Rules and the
				Program unless the attorney has received within the two (2) years prior to
				applying for certification with the Program, ten (10) or more live hours of child
				related training accredited by the Wyoming State Bar, or the attorney otherwise
				provides evidence acceptable to the Deputy Director that he or she has recent
				training, experience, or both, which is reasonably equivalent.
(A) The Program Deputy Director will decide on
				a case-by-case basis what constitutes "child-related training." The Deputy
				Director may also require a specific training course or materials to qualify for
				initial training.
(B) Any training
				offered by the NACC or the Program constitutes child-related training.
(C) If an attorney is removed from the GAL
				Panel after their initial training for a period of two (2) years or more, they
				must again complete the required initial ten (10) hours of training before being
				reinstated on the GAL Panel.
(D) This
				paragraph does not apply to subsections (c) or (d) of Section
				 4,
				below.
(E) The new contractor or
				employee will also have to complete initial training to the satisfaction of the
				Program Deputy Director upon their start with the Program.
(F) This paragraph also does not apply to the
				law students supervised and practicing under faculty attorney supervisors at the
				University of Wyoming College of Law Clinics. It does apply to the faculty
				attorney supervisors.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 2 - STANDARDS, CERTIFICATION AND TRAINING › Section 2-5 - Selection of guardians ad litem; list of qualified GALs

Current through July 13, 2024
(a) Application process. Any attorney who
				desires to contract with the Office to provide attorney guardian
ad
				litem
services for the Program may submit at any time a completed
				application to the Deputy Director. The application is available on the Program's
				website. Every completed application must be accompanied by a signed release of
				information authorization sufficient to enable the Deputy Director to
				independently verify the facts set forth in the application and freely check into
				the applicant's background and qualifications.
(i) Any attorney who previously provided an
				application to the prior GAL Program, but who has failed to maintain the
				continuing training requirements, or is otherwise presently unqualified under
				these Rules, must re-apply.
(ii) The
				Office may contract with the University of Wyoming College of Law's Clinics to
				provide GAL services on a non-fee basis.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 2 - STANDARDS, CERTIFICATION AND TRAINING › Section 2-6 - Caseloads

Current through July 13, 2024
(a) In order to ensure that attorneys have
				adequate time to provide the investigation and advocacy necessary to secure
				appropriate outcomes for dependent children and their families, an attorney
				appointed pursuant to this rule shall maintain a reasonable caseload, as set out
				below.
(b) An attorney who contracts
				with, or is employed by, the Office to perform attorney guardian
ad
				litem
services on a part-time basis shall not carry more than forty-five
				(45) juvenile court clients, and an attorney who contracts with, or is employed
				by, the Office on a full-time basis shall not carry more than eighty-five (85)
				juvenile court clients. Each GAL's caseload will be monitored by the Deputy
				Director and cases will be weighted when evaluating new caseloads. The following
				factors may be used by the Deputy Director when weighing caseloads: total
				workload (including non-GAL cases); case complexity; case difficulty; number of
				children; age of children; geographic placement of children; service needs of
				family; quality and aggressiveness of opposing counsel; and the judge's practice
				rules and expectations.
(i) If the Deputy
				Director has concern over a part-time GAL's total workload, the Deputy Director
				shall request and the GAL shall furnish the Deputy Director a total count of all
				cases and case type for the Deputy Director's review.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 2 - STANDARDS, CERTIFICATION AND TRAINING › Section 2-7 - Expert services

Current through July 13, 2024
If a GAL determines that expert services are needed in a case,
				  the GAL shall first determine whether the Department of Family Services or the
				  county is responsible for or will pay for that service. If the GAL determines
				  that the expert service needed is not one that the Department of Family Services
				  or the county pays for, the GAL should then submit an expenditure authorization
				  request to the Deputy Director for such expert services, explaining why the
				  services are needed, who will be providing that service, and how much it will
				  cost. The Deputy Director shall then determine which requests are reasonable and
				  shall approve or deny on that basis. The Deputy Director also may not approve an
				  expenditure authorization for expert services unless the funding is available for
				  the service in the budget.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 2 - STANDARDS, CERTIFICATION AND TRAINING › Section 2-8 - Out-of- state travel authorization

Current through July 13, 2024
A GAL must obtain prior approval from the Deputy Director
				  before incurring any out-of-state or overnight travel expense. Failure to request
				  and receive prior approval will result in nonpayment of travel expenses. The
				  Deputy Director may, at her discretion, authorize certain GALs standing approval
				  to travel to certain facilities or locations where the need may occur in an
				  emergency situation or if other circumstances dictate the need.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 2 - STANDARDS, CERTIFICATION AND TRAINING › Section 2-9 - Formal complaint process

Current through July 13, 2024
The Program shall maintain a policy and procedure for
				  individual GAL complaints. Said policy will be posted on the Program website and
				  available to every individual that requests it. No formal complaint will be
				  accepted anonymously. The GAL will have an opportunity to respond to the Program
				  regarding any accepted complaints, and the Deputy Director will be responsible
				  for investigating all formal complaints submitted and accepted.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 3 - SUBMISSION OF AND PAYMENT FOR GUARDIAN AD LITEM SERVICES › Section 3-1 - Compensation rate

Current through July 13, 2024
(a) Private attorneys
				who have contracted with the Office to provide guardian
ad litem
services will be compensated at a reasonable rate, on an hourly basis, a per case
				basis, set monthly pay or by a time limited contract, determined by the Office,
				in its sole discretion, for the time expended on a child's case. This rate
				includes the counties' twenty five percent (25%) or more match.
(i) A negotiated contract between the GAL
				attorney and the Office may result in different compensation rates depending on
				various factors including, but not limited to, location, economy, caseload, work
				quality and performance, NACC Child Welfare Law Specialist Certification, and
				experience. The rate of compensation set by the Office is entirely in its
				discretion.
(ii) This contract covers
				all expenses related to the case and the GAL's overhead in relation to the case,
				unless otherwise set out.
(iii) As
				required by Wyoming Statutes §
										§
										
											14-12-101  through
				14-12-104, no state money
				appropriated under this section shall be expended in any county unless the county
				agrees to match, at a minimum, twenty-five percent (25%) of the state money for
				the compensation of legal representation of children.
(iv) Any county may independently agree with a
				Program's GAL to pay a rate in excess of the rate set by the Office, provided
				however that the county enters into a separate contract with that GAL for the
				excess amount and is responsible and obligated to pay that excess amount. If that
				situation arises, both the GAL and the county agree and understand that the
				Program will not compensate/reimburse for that excess amount.
(v) If subparagraph (iv), above, does occur,
				the county will enter into a separate agreement with the Office setting out the
				agreement, the excess rate and the responsibilities and obligations of all
				parties.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 3 - SUBMISSION OF AND PAYMENT FOR GUARDIAN AD LITEM SERVICES › Section 3-2 - Agreement with the counties for reimbursement

Current through July 13, 2024
(a) The Office shall
				enter into agreements with the individual counties of the state participating in
				the Program, providing that the Program will pay out of the appropriated funds
				one hundred percent (100%) of the compensation rates chosen by the Office, and
				that those participating counties will then reimburse the Program an amount equal
				to at least twenty-five percent (25%) of GAL funds paid to those attorneys and
				provide for office space or an office space stipend as required by Wyoming
				Statute §
									
										14-12-103(d).
(b) The Deputy Director shall invoice each
				participating county on a quarterly, semiannual or annual basis, in accordance
				with agreements reached with each county, of the total amount it must reimburse
				the Program, based upon the matching twenty-five percent (25%) or more of
				appropriated funds expended by the Program for that time period in that
				county.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 3 - SUBMISSION OF AND PAYMENT FOR GUARDIAN AD LITEM SERVICES › Section 3-3 - Submission of bills for payment

Current through July 13, 2024
(a) GALs shall submit
				bills for GAL services performed in any given month on an invoice to the Deputy
				Director within a reasonable time period determined by the Program, and set out
				by contract or policy, after the end of the preceding month. Billing not in
				conformance with the requirements imposed by these Rules, the Program, or the
				contract between the GAL and the Office, will not be paid by the Program. This
				section does not apply to the University of Wyoming College of Law's
				Clinics.
(b) GALs will not be paid
				for GAL services provided for cases accepted and billed which exceed the maximum
				forty-five (45) clients for part-time GALs eighty-five (85) clients for full-time
				GALs, unless pre-approved by the Deputy Director. The Deputy Director shall
				evaluate the cases in terms of the date of the GAL's acceptance of appointment or
				assignment. Any case taken after the date the GAL reaches the maximum caseload
				without pre-approval will be considered an un-billable case and payment will not
				be tendered for GAL services provided for such a case.
(c) The Deputy Director and Program staff shall
				review the bills to assure compliance with these Rules, the Program, the court
				order, and the contract between the GAL and the Office.
(d) GALs agree, pursuant to the contract and
				these Rules, to comply with all requirements imposed by the Office, the Program,
				the Deputy Director, and Program staff in the submission of billing.
(e) If a child represented the previous month
				is, or was, residing with someone other than his parents, or either parent, the
				GAL shall provide to the Deputy Director, along with his bill or invoice, a
				complete mailing and physical address for whomever the child is residing with, so
				long as the GAL has knowledge of or can obtain the address.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 3 - SUBMISSION OF AND PAYMENT FOR GUARDIAN AD LITEM SERVICES › Section 3-4 - Review of submitted GAL bills

Current through July 13, 2024
(a) The Deputy
				Director and Program staff shall review and audit all bills/invoices submitted by
				attorney GALs; and the Deputy Director may, in her sole discretion based upon the
				duty to provide oversight and accountability to the Program, reduce a
				bill/invoice and remit payment to that GAL for the reduced amount.
(b) The GAL shall submit documentation to the
				Deputy Director that explains or verifies a charged amount within ten (10)
				calendar days when requested by the Deputy Director. Similarly, if a charge is
				denied by the Deputy Director and the GAL wants to dispute said charge, they
				shall submit the information in writing within ten (10) calendar days from the
				date of payment slip receipt.
(c) The
				failure of a GAL to submit documentation with the ten (10) calendar days will
				result in non-payment for the charged amount.
Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 3 - SUBMISSION OF AND PAYMENT FOR GUARDIAN AD LITEM SERVICES › Section 3-5 - Review of Legal Services cases

Current through July 13, 2024
If the Office enters into a memorandum of understanding with
				  the University of Wyoming College of Law's Clinics to provide GAL services on a
				  non-fee basis, the Clinics shall provide the Deputy Director with a monthly case
				  update and any other information necessary regarding any cases for which it is
				  providing GAL services.
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 1 - AUTHORITY AND DEFINITIONS › Section 1-1 - Authority

Current through July 13, 2024
These Rules are promulgated pursuant to the Wyoming
				  Administrative Procedure Act, Wyoming Statute §§
									
										16-3-101 through
				  16-3-115
				  and Chapters 1, 2, 3, 6, 12, 15, 16 and 17 of Title 37 of the Wyoming
				  Statutes.
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 1 - AUTHORITY AND DEFINITIONS › Section 1-2 - Conformance with Revised Commission Rules and Regulations

Current through July 13, 2024
If a change to the Commission's Rules and Regulations renders
				  a utility's tariff non-conforming, the utility shall file a conforming tariff
				  within 90 days of the effective date of the change to the Commission's Rules
				  and Regulations unless otherwise ordered by the Commission.
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 1 - AUTHORITY AND DEFINITIONS › Section 1-4 - Incorporation by Reference

Current through July 13, 2024
(a) For any code,
				standard, rule or regulation incorporated by reference in these Rules:
(i) The Commission has determined that
				incorporation of the full text in these Rules would be cumbersome or
				inefficient given the length or nature of the Rules;
(ii) The incorporation by reference does not
				include any later amendments or editions of the incorporated matter beyond the
				applicable date identified in subsection (b) of this section;
(iii) The incorporated code, standard, rule
				or regulation is maintained at the Commission's offices at 2515 Warren Avenue,
				Suite 300 in Cheyenne, WY and is available for public inspection and copying,
				at cost, at the same location.
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › Section 2-1 - Authority and Scope

Current through July 13, 2024
(a) 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.
(b) Except as specified below, the Uniform
				Rules for Contested Case Practice and Procedure have been adopted by the
				Commission and are re-stated here for ease of those appearing before the
				Commission.
(i) Sections not adopted:
(A) Section
				4;
(B) Section
				6;
				and
(C) Section
				19.
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › Section 2-2 - 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;
(j) "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; and
(k) "Wyoming Administrative Procedure Act"
				means Wyoming Statute §§
									
										16-3-101 through -115.
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › Section 2-3 - 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/WSC/CourtRule?RuleNumber=48
(i) Rule 12(b)(6), Wyoming Rules of Civil
				Procedure, adopted by the Wyoming Supreme Court and in effect on April 11,
				1995;
(ii) Rule 24, Wyoming Rules
				of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on
				February 11, 1971;
(iii) Rule 45,
				Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in
				effect on October 1, 2009;
(iv)
				Rule 52, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court
				and in effect on July 1, 2000;
(v)
				Rule 56, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court
				and in effect on October 11, 1964;
(vi) Rule 56.1, Wyoming Rules of Civil
				Procedure, adopted by the Wyoming Supreme Court and in effect on July 1,
				2008;
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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, 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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, accompanied by a certificate of service. The
				referring agency or adjudicative agency shall maintain the complete original
				file, and all parties shall be provided copies of all contested case documents,
				pleadings and motions contained therein.
(b) Unless otherwise ordered, all filings
				with the Commission shall be made electronically as provided on the
				Commission's website. The signed original filing must be filed within three
				days of electronic filing. All filings shall:
(i) Be addressed to the Commission;
(ii) Designate the Commission docket number
				if known;
(iii) State the name,
				address and telephone number of the party;
(iv) Be accompanied by required
				fees;
(v) Be typed, printed or
				otherwise legibly reproduced on 8 ½ by 11 inch paper with 1 inch
				margins; and
(vi) Be signed by
				either an authorized signatory of a party or an attorney licensed to practice
				law in the State of Wyoming.
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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.
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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).
(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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › Section 2-18 - Subpoenas

Current through July 13, 2024
Any 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.
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › Section 2-20 - Prehearing Procedures

Current through July 13, 2024
The Commission or presiding officer may direct the attorneys
				  for the parties and any unrepresented parties to appear for a conference or
				  conferences before a hearing in accordance with W.R.C.P. Rule
				  16.
Wyoming Administrative Code › Agency 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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) Hearings shall
				generally be conducted as follows:
(A) The
				presiding officer may allow into evidence, after appropriate filing and
				service, the written testimony of a witness in question and answer form. The
				testimony shall have line numbers inserted at the left margin and shall be
				authenticated by affidavit of the witness. If admitted, the testimony shall be
				marked and incorporated into the record as existing without being read into the
				record. Parties shall have full opportunity to cross-examine the witness on the
				testimony. The presiding officer may require additional written testimony
				during the pendency of a case;
(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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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) 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 023 - Public Service Commission › Sub-Agency 0002 - Public Service Commission Rules › Chapter 2 - UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE › 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.