reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 21 - CONTESTED CASE HEARINGS WY ENVIRONMENTAL CONTROL ACT › Section 21-5 - Order of Procedure at Hearings

Current through July 13, 2024
(a.) As nearly as
				may be, hearings shall be conducted in accordance with the following order of
				procedure.
(b.) The Hearing Officer
				shall announce that the Board is open to transact business and call by docket
				number and title the case to be heard.
(c.) The proponent will be allowed an opening
				statement to briefly explain its position to the Board and outline the evidence
				it proposes to offer, together with the purpose thereof.
(d.) The contestant will be allowed an
				opening statement.
(e.) Any
				additional parties will be allowed an opening statement.
(f.) The proponent=s evidence will be heard.
				Witnesses may be cross-examined by the contestant or his attorney, by members
				of the Board and the Hearing Officer. The proponent=s offered exhibits will be
				marked by letters of the alphabet, beginning with AA.
(g.) The evidence of the contestant will be
				heard and exhibits of such will be marked with numbers, beginning with the
				number A1". The proponent or his attorney, each member of the Board, and the
				attorney for the Hearing Officer, shall have the right to cross-examine all
				witnesses presented on behalf of the contestant.
(h.) Other parties may offer
				evidence.
(i.) The Hearing Officer
				may, in his discretion, allow evidence to be offered out of order, as herein
				prescribed.
(j.) Closing statements
				will be made in the following sequence:
(i.)
				Proponent
(ii.)
				Contestant
(iii.) Proponent=s
				rebuttal if the Hearing Officer feels it is necessary.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 21 - CONTESTED CASE HEARINGS WY ENVIRONMENTAL CONTROL ACT › Section 21-6 - Applicable Rules of Civil Procedure

Current through July 13, 2024
(a.) The Wyoming
				Rules of Civil Procedure shall apply in all hearings before the
				Board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 21 - CONTESTED CASE HEARINGS WY ENVIRONMENTAL CONTROL ACT › Section 21-7 - Attorneys

Current through July 13, 2024
(a.) The filing of a pleading or other
				appearance by an attorney constitutes his appearance for the party for whom
				made. The Board must be notified in writing of his withdrawal from any matter.
				Any person appearing before the Board at a hearing in representative capacity
				shall be precluded from examining or cross-examining any witness, unless such
				person shall be an attorney licensed to practice law in the State of Wyoming,
				or a non-resident attorney associated with a Wyoming attorney.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 21 - CONTESTED CASE HEARINGS WY ENVIRONMENTAL CONTROL ACT › Section 21-8 - Intervention

Current through July 13, 2024
(a.) Any person interested in obtaining
				relief sought by a proponent or otherwise interested in the determination of a
				proceeding pending before the Board, may petition for leave to intervene in
				such proceeding prior to or at the time it is called for hearing, but not
				thereafter except for good cause shown. The petition shall set forth the
				grounds of the proposed intervention, the position and interest of the
				petitioner in the proceeding, and if affirmative relief is sought, the same
				should conform to the requirements for a formal complaint. Leave will not be
				granted except on allegations reasonable pertinent to the issue already
				presented and which do not unduly broaden them.
If leave is granted, the petitioner becomes an intervener and
				  a party to the proceeding with the right to have notice of, and appear at the
				  taking of testimony, to produce and cross-examine witnesses, and to be heard on
				  the argument of the case.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 21 - CONTESTED CASE HEARINGS WY ENVIRONMENTAL CONTROL ACT › Section 21-9 - Transcripts

Current through July 13, 2024
(a.) Oral proceedings or any part thereof
				shall be transcribed on request of any party upon payment of the cost thereof.
				In case of an appeal to the District Court, the party appealing shall secure
				and file a transcript of the testimony and other evidence offered at the time
				of the hearing with the Board, which transcripts shall be verified by the oath
				of the reporter or transcribed as true and correct transcripts of the testimony
				and other evidence in the hearing. The cost of making the transcript shall be
				paid by the party prosecuting such appeal. The complete record on appeal,
				including the transcript of testimony, shall be verified by the
				clerk.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 21 - CONTESTED CASE HEARINGS WY ENVIRONMENTAL CONTROL ACT › Section 21-10 - Decision and Order

Current through July 13, 2024
(a.) The Board
				shall make a written decision and order in all cases, which decisions shall
				contain findings of fact and conclusions of law based exclusively on the
				evidence admitted at the hearing and matters offic ially noticed. The decision
				and order of the Board shall be placed in the record of the case which shall be
				retained by the board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 21 - CONTESTED CASE HEARINGS WY ENVIRONMENTAL CONTROL ACT › Section 21-11 - Record

Current through July 13, 2024
(a.) The record in all cases shall include
(i.) All formal and informal
				notices
(ii.) Evidence received or
				considered including matters officially noticed
(iii.) Questions and offers of proof,
				objections and rulings thereon.
(iv.) Any proposed findings and objections
				thereto.
(v.) The decision and
				order of the Board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 21 - CONTESTED CASE HEARINGS WY ENVIRONMENTAL CONTROL ACT › Section 21-12 - Members of the Board Present

Current through July 13, 2024
(a.) No member of
				the Board shall vote upon a decision of the Board unless he shall have been
				present at the hearing or has read the transcript of the proceedings. A
				decision by a majority of the members of the Board voting shall be the decision
				of the Board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 21 - CONTESTED CASE HEARINGS WY ENVIRONMENTAL CONTROL ACT › Section 21-13 - Appeals

Current through July 13, 2024
(a.) Appeals from decisions of the Board are
				governed by the Wyoming Administrative Procedures Act and the Wyoming Rules of
				Appellate Procedure.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 21 - CONTESTED CASE HEARINGS WY ENVIRONMENTAL CONTROL ACT › Section 21-14 - Transcript in Case of Appeal

Current through July 13, 2024
(a.) In case of an
				appeal to the District Court as above provided, the party appealing shall
				secure and file with the Court a transcript of the testimony and all other
				evidence offered at the hearing, which transcript must be verified by the oath
				of the reporter who took the testimony as a true and correct transcript of the
				testimony and other evidence in the case. The compensation of the reporter for
				making the transcript of the testimony and all other costs involved in such
				appeal shall be borne by the party prosecuting such appeal.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-1 - Authority

Current through July 13, 2024
(a.) These rules are promulgated as required
				by the Wyoming Weed and Pest Control Law of 1957 (W.S.
				11-5-101 through W.S. W.S.
				W.S.
				11-5-303 ), hereinafter called the Act, and
				the Wyoming Administrative Procedures Act (W.S. W.S.
				W.S.
				16-3-101 through W.S. W.S.
				W.S.
				16-3-115 ) for the purpose of carrying out
				the intent of the Act and is applicable to all section of the Act.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-2 - Definitions

Current through July 13, 2024
(a.) Board: The Board of Certification
				established by W. S.
										11-5-106.
(b.) Proponent: The Board, or any other
				person or party who initiates or requests any action or decision, and may
				include complainant where applicable.
(c.) Contestant: Any person who will be
				aggrieved or adversely affected by a proposed action of the Board and who
				requests a hearing before the Board, and may include the opponent or defendant
				where applicable.
(d.) Party: Each
				person or agency named or admitted as a party, or properly seeking and entitled
				as of right to be admitted as a party.
(e.) Person: Any individual, partnership,
				association or organized group of persons whether incorporated or
				not.
(f.) Rules of Civil Procedure:
				Those Wyoming Rules of Civil Procedure in effect at the time of the
				hearing.
(g.) Hearing Officer:
				Designated hearing officer who shall preside over the hearing.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-3 - Notice of Proposed Action by the Board

Current through July 13, 2024
(a.) The Board may
				initiate any action which may result in a contested case in accordance with the
				Wyoming Administrative Procedure Act by:
(i.)
				Giving written notice of proposed action either served personally or by
				certified mail, return receipt requested, to the person or persons who will be
				aggrieved or adversely affected thereby, or
(ii.) Causing the publication in proper form,
				of a copy of the notices,
(1.) Said
				publication to be made in three newspapers of general circulation in the
				state.
(2.) Said publication to
				appear at least once a week for three consecutive weeks prior to the
				commencement of the action, the last publication to appear at least five days
				prior to the action.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-4 - Hearing Before the Board

Current through July 13, 2024
(a.) Any person
				aggrieved or adversely affected in fact by the Board=s action or decision, or
				who will be aggrieved or adversely affected in fact by the recommendation, may
				within twenty days after the date of the mailing of the notice of the action or
				decision or recommendation, request a hearing before the Board.
(b.) The request for hearing shall be
				directed to and served upon the Hearing Officer of the Board or the Director of
				the Department of Agriculture and shall show:
(i.) A request for hearing before the
				Board.
(ii.) The decision, or
				recommendation upon which a hearing is requested.
(iii.) A statement in ordinary, but concise,
				language of the reason for requesting a hearing.
(iv.) The address of the person making the
				request and the name and address of his attorney, if any.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-5 - Order of Procedure at Hearings

Current through July 13, 2024
(a.) As nearly as
				may be, hearings shall be conducted in accordance with the following order of
				procedure.
(b.) The Hearing Officer
				shall announce that the Board is open to transact business and call by docket
				number and title the case to be heard.
(c.) The proponent will be allowed an opening
				statement to briefly explain its position to the Board and outline the evidence
				it proposes to offer, together with the purpose thereof.
(d.) The contestant will be allowed an
				opening statement.
(e.) Any
				additional parties will be allowed an opening statement.
(f.) The proponent=s evidence will be heard.
				Witnesses may be cross-examined by the contestant or his attorney, by members
				of the Board and the Hearing Officer. The proponent=s offered exhibits will be
				marked by letters of the alphabet, beginning with AA.
(g.) The evidence of the contestant will be
				heard and exhibits of such will be marked with numbers, beginning with the
				number A1". The proponent or his attorney, each member of the Board, and the
				Hearing Officer, shall have the right to cross-examine all witnesses presented
				on behalf of the contestant.
(h.)
				Other parties may offer evidence.
(i.) The Hearing Officer may, in his
				discretion, allow evidence to be offered out of order, as herein
				prescribed.
(j.) Closing statements
				will be made in the following sequence:
(i.)
				Proponent
(ii.)
				Contestant
(iii.) Proponent=s
				rebuttal if the Hearing Officer feels it is necessary.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-6 - Applicable Rules of Civil Procedure

Current through July 13, 2024
(a.) The Wyoming
				Rules of Civil Procedure shall apply in all hearings before the
				Board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-7 - Attorneys

Current through July 13, 2024
(a.) The filing of a pleading or other
				appearance by an attorney constitutes his appearance for the party for whom
				made. The Board must be notified in writing of his withdrawal from any matter.
				Any person appearing before the Board at a hearing in representative capacity
				shall be precluded from examining or cross-examining any witness, unless such
				person shall be an attorney licensed to practice law in the State of Wyoming,
				or a non-resident attorney associated with a Wyoming attorney.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-8 - Intervention

Current through July 13, 2024
(a.) Any person interested in obtaining
				relief sought by a proponent or otherwise interested in the determination of a
				proceeding pending before the Board, may petition for leave to intervene in
				such proceeding prior to or at the time it is called for hearing, but not
				thereafter except for good cause shown. The petition shall set forth the
				grounds of the proposed intervention, the position and interest of the
				petitioner in the proceeding, and if affirmative relief is sought, the same
				should conform to the requirements for a formal complaint. Leave will not be
				granted except on allegations reasonable pertinent to the issue already
				presented and which do not unduly broaden them.
If leave is granted, the petitioner becomes an intervener and
				  a party to the proceeding with the right to have notice of, and appear at the
				  taking of testimony, to produce and cross-examine witnesses, and to be heard on
				  the argument of the case.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-9 - Transcripts

Current through July 13, 2024
(a.) Oral proceedings or any part thereof
				shall be transcribed on request of any party upon payment of the cost thereof.
				In case of an appeal to the District Court, the party appealing shall secure
				and file a transcript of the testimony and other evidence offered at the time
				of the hearing with the Board, which transcripts shall be verified by the oath
				of the reporter or transcribed as true and correct transcripts of the testimony
				and other evidence in the hearing. The cost of making the transcript shall be
				paid by the party prosecuting such appeal. The complete record on appeal,
				including the transcript of testimony, shall be verified by the
				clerk.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-10 - Decision and Order

Current through July 13, 2024
(a.) The Board
				shall make a written decision and order in all cases, which decisions shall
				contain findings of fact and conclusions of law based exclusively on the
				evidence admitted at the hearing and matters officially noticed. The decision
				and order of the Board shall be placed in the record of the case which shall be
				retained by the board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-11 - Record

Current through July 13, 2024
(a.) The record in all cases shall include:
(i.) All formal and informal
				notices.
(ii.) Evidence received or
				considered including matters officially noticed.
(iii) Questions and offers of proof,
				objections and rulings thereon.
(iv.) Any proposed findings and objections
				thereto.
(v.) The decision and
				order of the Board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-12 - Members of the Board Present

Current through July 13, 2024
(a.) No member of
				the Board shall vote upon a decision of the Board unless he shall have been
				present at the hearing or has read the transcript of the proceedings. A
				decision by a majority of the members of the Board voting shall be the decision
				of the Board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-13 - Appeals

Current through July 13, 2024
(a.) Appeals from decisions of the Board are
				governed by the Wyoming Administrative Procedures Act and the Wyoming Rules of
				Appellate Procedure.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 22 - CONTESTED CASE HEARINGS WY WEED & PEST CONTROL ACT › Section 22-14 - Transcript in Case of Appeal

Current through July 13, 2024
(a.) In case of an
				appeal to the District Court as above provided, the party appealing shall
				secure and file with the Court a transcript of the testimony and all other
				evidence offered at the hearing, which transcript must be verified by the oath
				of the reporter who took the testimony as a true and correct transcript of the
				testimony and other evidence in the case. The compensation of the reporter for
				making the transcript of the testimony and all other costs involved in such
				appeal shall be borne by the party prosecuting such appeal.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-1 - Authority

Current through July 13, 2024
Pursuant to Wyo. Stat. Ann. §
									
										16-3-102(a)(i), the
				  following rules are hereby promulgated.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-2 - Incorporation by Reference

Current through July 13, 2024
(a) The Wyoming
				Department of Agriculture determined that incorporation of the full text in
				these rules would be cumbersome or inefficient given the length or nature of
				the rules;
(b) The incorporation by
				reference does not include any later amendments or editions of the incorporated
				matter beyond the effective date identified in subsection (d) of this
				section;
(c) The incorporated rules
				are maintained at 2219 Carey Ave., Cheyenne, WY 82002, and are available for
				public inspection and copying at cost at the same location.
(d) The following rules are incorporated by
				reference: Chapter 2 - Uniform Rules for Contested Case Practice and Procedure
				adopted by the Office of Administrative Hearings and effective on October 17,
				2014, found at: http://soswy.state.wy.us/Rules/RULES/9644.pdf
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-3 - Final Decision

Current through July 13, 2024
At the request of the Director, the hearing officer shall
				  make a recommended decision to the Director of the Wyoming Department of
				  Agriculture. The Director of the Wyoming Department of Agriculture shall issue
				  the final decision.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-4 - Hearing Before the Board

Current through July 13, 2024
(a.) Any person
				aggrieved or adversely affected in fact by the Board=s action or decision, or
				who will be aggrieved or adversely affected in fact by the recommendation, may
				within twenty days after the date of the mailing of the notice of the action or
				decision or recommendation, request a hearing before the Board.
(b.) The request for hearing shall be
				directed to and served upon the Hearing Officer of the Board or the Director of
				the Department of Agriculture and shall show:
(i.) A request for hearing before the
				Board.
(ii.) The decision, or
				recommendation upon which a hearing is requested.
(iii.) A statement in ordinary, but concise,
				language of the reason for requesting a hearing.
(iv.) The address of the person making the
				request and the name and address of his attorney, if any.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-5 - Order of Procedure at Hearings

Current through July 13, 2024
(a.) As nearly as
				may be, hearings shall be conducted in accordance with the following order of
				procedure.
(b.) The Hearing Officer
				shall announce that the Board is open to transact business and call by docket
				number and title the case to be heard.
(c.) The proponent will be allowed an opening
				statement to briefly explain its position to the Board and outline the evidence
				it proposes to offer, together with the purpose thereof.
(d.) The contestant will be allowed an
				opening statement.
(e.) Any
				additional parties will be allowed an opening statement.
(f.) The proponent=s evidence will be heard.
				Witnesses may be cross-examined by the contestant or his attorney, by me mbers
				of the Board and the Hearing Officer. The proponent=s offered exhibits will be
				marked by letters of the alphabet, beginning with AA.
(g.) The evidence of the contestant will be
				heard and exhibits of such will be marked with numbers, beginning with the
				number A1". The proponent or his attorney, each member of the Board, and the
				Hearing Officer, shall have the right to cross-examine all witnesses presented
				on behalf of the contestant.
(h.)
				Other parties may offer evidence.
(i.) The Hearing Officer may, in his
				discretion, allow evidence to be offered out of order, as herein
				prescribed.
(j.) Closing statements
				will be made in the following sequence:
(i.)
				Proponent
(ii.)
				Contestant
(iii.) Proponent=s
				rebuttal if the Hearing Officer feels it is necessary.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-6 - Applicable Rules of Civil Procedure

Current through July 13, 2024
(a.) The Wyoming
				Rules of Civil Procedure shall apply in all hearings before the
				Board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-7 - Attorneys

Current through July 13, 2024
(a.) The filing of a pleading or other
				appearance by an attorney constitutes his appearance for the party for whom
				made. The Board must be notified in writing of his withdrawal from any matter.
				Any person appearing before the Board at a hearing in representative capacity
				shall be precluded from examining or cross-examining any witness, unless such
				person shall be an attorney licensed to practice law in the State of Wyoming,
				or a non-resident attorney associated with a Wyoming attorney.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-8 - Intervention

Current through July 13, 2024
(a.) Any person interested in obtaining
				relief sought by a proponent or otherwise interested in the determination of a
				proceeding pending before the Board, may petition for leave to intervene in
				such proceeding prior to or at the time it is called for hearing, but not
				thereafter except for good cause shown. The petition shall set forth the
				grounds of the proposed intervention, the position and interest of the
				petitioner in the proceeding, and if affirmative relief is sought, the same
				should conform to the requirements for a formal complaint. Leave will not be
				granted except on allegations reasonable pertinent to the issue already
				presented and which do not unduly broaden them.
If leave is granted, the petitioner becomes an intervener and
				  a party to the proceeding with the right to have notice of, and appear at the
				  taking of testimony, to produce and cross-examine witnesses, and to be heard on
				  the argument of the case.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-9 - Transcripts

Current through July 13, 2024
(a.) Oral proceedings or any part thereof
				shall be transcribed on request of any party upon payment of the cost thereof.
				In case of an appeal to the District Court, the party appealing shall secure
				and file a transcript of the testimony and other evidence offered at the time
				of the hearing with the Board, which transcripts shall be verified by the oath
				of the reporter or transcribed as true and correct transcripts of the testimony
				and other evidence in the hearing. The cost of making the transcript shall be
				paid by the party prosecuting such appeal. The complete record on appeal,
				including the transcript of testimony, shall be verified by the
				clerk.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-10 - Decision and Order

Current through July 13, 2024
(a.) The Board
				shall make a written decision and order in all cases, which decisions shall
				contain findings of fact and conclusions of law based exclusively on the
				evidence admitted at the hearing and matters officially noticed. The decision
				and order of the Board shall be placed in the record of the case which shall be
				retained by the board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-11 - Record

Current through July 13, 2024
(a.) The record in all cases shall include
(i.) All formal and informal
				notices
(ii.) Evidence received or
				considered including matters officially noticed
(iii.) Questions and offers of proof,
				objections and rulings thereon.
(iv.) Any proposed findings and objections
				thereto.
(v.) The decision and
				order of the Board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-12 - Members of the Board Present

Current through July 13, 2024
(a.) No member of
				the Board shall vote upon a decision of the Board unless he shall have been
				present at the hearing or has read the transcript of the proceedings. A
				decision by a majority of the members of the Board voting shall be the decision
				of the Board.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-13 - Appeals

Current through July 13, 2024
(a.) Appeals from decisions of the Board are
				governed by the Wyoming Administrative Procedures Act and the Wyoming Rules of
				Appellate Procedure.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 23 - WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE HEARINGS › Section 23-14 - Transcript in Case of Appeal

Current through July 13, 2024
(a.) In case of an
				appeal to the District Court as above provided, the party appealing shall
				secure and file with the Court a transcript of the testimony and all other
				evidence offered at the hearing, which transcript must be verified by the oath
				of the reporter who took the testimony as a true and correct transcript of the
				testimony and other evidence in the case. The compensation of the reporter for
				making the transcript of the testimony and all other costs involved in such
				appeal shall be borne by the party prosecuting such appeal.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-1 - Authority

Current through July 13, 2024
Pursuant to the authority vested in the Board of
				  Certification by virtue of WS
										35-7-355 1977, as
				  amended and WS
				  
										16-3-101 through
				  16-3-115, the following rules and
				  regulations pertaining to the certification and licensing of pesticide
				  applicators are hereby promulgated and adopted.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-2 - Definitions

Current through July 13, 2024
Terms used in these regulations are in addition to those set
				  forth in WS
										35-7-354 1977, as amended. The
				  following terms shall have the meaning stated below:
(a) Accident means an unexpected, und
				esirable event, caused by the use of, or presence of a pesticide, that
				adversely affects man or the environment.
(b) Act means the Wyoming Environmental
				Pesticide Control Act of 1973.
(c)
				Agricultural Commodity means any plant, or part thereof, or animal or animal
				product, produced by a person primarily for sale, consumption, propagation or
				other use by man or animals.
(d)
				Applicator means any individual certified in one of the following license
				classifications:
(i) Commercial Applicator
				means a certified applicator (whether or not he is a private applicator with
				respect to some uses) who uses or supervises the use of any pesticide which is
				classified as restricted use for any purpose or on any property other than as
				provided under the definition of Private Applicator. Commercial Applicator also
				means a certified applicator who uses or supervises the use of any pesticide
				during any commercial application as defined by paragraph (f) of this
				section.
(ii) Private Applicator
				means any certified applicator who uses or supervises the use of any restricted
				use pesticide which is restricted to use by certified applicators and only for
				purposes of producing any agricultural commodity on property owned by him or
				his employer or under his control or (is applied without compensation other
				than trading of personal services between producers of agricultural
				commodities) on the property of another person.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-3 - Licensing Requirements for Commercial Applicators

Current through July 13, 2024
(a) Any person making a commercial
				application of any pesticide, will be required to obtain a commercial
				applicators license, prior to any such commercial application of a
				pesticide.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-4 - Certification Categories for Commercial Applicators

Current through July 13, 2024
(a)
				Procedure. Certification categories for Commercial Applicators using or
				supervising the use of any pesticide are identified below:
(b) Categories:
(i) Cat. 901 Agricultural Pest Control
(A) Weed Control. This subcategory includes
				commercial applicators using or supervising the use of any pesticide for weed
				control in production of agricultural crops, including but not limited to,
				sugar beets, corn, beans, alfalfa, potatoes, small grains, feed grains, forage,
				vegetables, small fruits, as well as on grasslands and non-crop agricultural
				lands.
(B) Insect Control. This
				subcategory includes commercial applicators using or supervising the use of any
				pesticide for insect control in production of agricultural crops, including but
				not limited to, sugar beets, corn, beans, alfalfa, potatoes, small grains, feed
				grains, forage, vegetables, small fruits, as well as on grasslands and non-crop
				agricultural lands.
(C) Disease
				Control. This subcategory includes commercial applicators using or supervising
				the use of any pesticide for disease control in production of agricultural
				crops, including but not limited to, sugar beets, corn, beans, alfalfa,
				potatoes, small grains, feed grains, forage, vegetables, small fruits, as well
				as on grasslands and non-crop agricultural lands.
(D) Animal. This subcategory includes
				commercial applicators using or supervising the use of any pesticide on
				animals, including but not limited to, beef cattle, dairy cattle, swine, sheep,
				horses, goats, poultry and livestock, and to places on or in which animals are
				confined. Doctors of veterinary medicine engaged in the business of applying
				pesticides for hire, publicly holding themselves out as pesticide applicators,
				or engaged in large scale use of pesticides are included in this
				category.
(E) Rodent Control. This
				subcategory includes commercial applicators using or supervising the use of any
				pesticide to control rodents in production of agricultural crops, including but
				not limited to, sugar beets, corn, beans, alfalfa, potatoes, small grains, feed
				grains, forage, vegetables, small fruits, as well as on grasslands and non-crop
				agricultural lands.
(F)
				Chemigation. This subcategory includes commercial applicators using or
				supervising the use of any pesticide through an irrigation system.
				Certification in this subcategory requires concurrent certification in one or
				more applicable subcategories under category 901, Agricultural Pest
				Control.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-5 - Standards for Certification of Commercial Applicators

Current through July 13, 2024
(a) Determination of Competency. Competence
				in the use and handling of pesticides shall be determined on the basis of
				written examination and as appropriate, performance testing, based upon
				standards set forth below. Such examinations and testing shall include the
				general standards applicable to all categories: the additional standards
				specifically identified for each category-subcategory (if any) in which a
				commercial applicator is to be classified; and, as appropriate, any special
				standards established pursuant to Section
				11
				of these regulations.
(b) General
				standards of competency for all categories of certified commercial applicators.
(i) All commercial applicators shall
				demonstrate, by examination, practical knowledge of the principles and
				practices of pest control and safe use of pesticides. Testing shall be based on
				examples of problems and situations; appropriate to the particular category or
				subcategory of the applicators' certification and the following areas of
				competency:
(A) Label and Labeling
				Comprehension.
(I) The general format and
				terminology of pesticide labels and labeling, including all written, printed or
				graphic matter associated with the product;
(II) The understanding of instructions,
				warnings, terms, symbols, and other information commonly appearing on pesticide
				labels;
(III) Classification of the
				product, general or restricted use.
(IV) Necessity for use consistent with the
				label.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-6 - Certification of Commercial Applicators

Current through July 13, 2024
(a) Each applicant
				requiring examination or re-examination for any reason, shall be required to
				take the examination at a time and place to be specified by and under the
				direction of the Director of Agriculture in accordance with the conditions and
				provisions herein. Applications to be provided by the department.
(b) New applicants, upon successful
				completion of examination(s), shall submit with the application for licensing,
				a fee, payable to the Wyoming Department of Agriculture. All fees submitted
				shall be non-refundable.
(i) Commercial
				Applicator - $25.00 License fee.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-7 - Standards for Supervision of Non-Certified Applicators by Certified Private and Commercial Applicators

Current through July 13, 2024
(a) At a minimum,
				availability of the certified applicator must be directly related to the hazard
				of the situation. For all applications conducted by non-certified person(s),
				the certified applicator must be available by immediate contact through
				telephone or radio. In addition, the certified applicator must be physically
				present on-site when use of the pesticide poses a potentially serious hazard to
				people or the environment.
(b) When
				required by the pesticide product label, the certified applicator shall be
				physically present on-site at all times during the application.
(c) Evidence that adequate supervision is
				being exercised shall include, but not be limited to:
(i) Verifiable (written) instruction to the
				competent person,
(ii) Detailed
				guidance for applying the pesticide properly.
(iii) A copy of the appropriate pesticide
				product label and Material Safety Data Sheet (MSDS).
(iv) The certified applicator being
				physically on-site within a reasonable period of time.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-8 - Certification Categories for Private Applicators

Current through July 13, 2024
(a)
				Procedure. Certification categories for applicators (other than commercial)
				using or supervising the use of restricted use pesticides are identified
				below:
(b) Categories:
(i) Cat. 01001 General Certification. This
				category includes private applicators using or supervising the use of
				restricted use pesticides in the production of agricultural commodities,
				including but not limited to, sugar beets, corn, beans, alfalfa, potatoes,
				small grains, forage, vegetables, small fruits, as well as grasslands and
				non-crop agricultural lands. This category also includes private applicators
				using or supervising the use of restricted use pesticides on animals and to
				places on or in which animals are confined.
(ii) Cat. 01002 Product Specific. This
				category includes private applicators who use or supervise the use of a
				"single" restricted use pesticide or a restricted use pesticide which the Board
				of Certification determines does not adequately fit in any of the other private
				applicator categories, (i.e., wood treatment products).
(iii) Cat. 01003 M-44(Sodium Cyanide). This
				category includes private applicators using the M-44 device for the purpose of
				controlling coyotes.
(iv) Cat.
				01004 Livestock Protection Collar. This category includes private applicators
				using the LP Collar for the purpose of controlling coyotes.
(v) Cat. 01005 Chemigation. This category
				includes private applicators using or supervising the application of restricted
				use pesticides through an irrigation system. Certification in this category
				requires concurrent certification in Category 01001.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-9 - Standards for Certification of Private Applicators

Current through July 13, 2024
(a)
				Determination of Competency. Competence in the use and handling of
				restricted-use pesticides by a private applicator will be determined by
				procedures set forth below. As a minimum requirement for certification, a
				private applicator must show that he possesses a practical knowledge of the
				pest problems and pest control practices associated with his agricultural
				operation; proper storage, use, handling and disposal of the pesticide and
				containers and his related legal responsibility.
(b) General standards of competency for all
				categories of certified private applicators.
(i) Recognize common pests to be controlled
				and damage caused by them.
(ii)
				Read and understand the label and labeling information, including the common
				name of the pesticide(s) being used, the crop, animal or site to which the
				pesticide is being applied, pest(s) to be controlled, timing and methods of
				application, safety precautions, any harvest, grazing or restricted entry
				restriction(s), and any specific disposal procedures.
(iii) Apply pesticides in accordance with
				label instructions and warnings, including the ability to prepare the proper
				concentrations of pesticide to be used under particular circumstances, taking
				into account such factors as area to be covered, speed at which application
				equipment will be operated, and the quantity of product dispersed in a given
				period of operation.
(iv) Recognize
				local environmental situations that must be considered during application in
				order to avoid any possible contamination.
(v) Recognize poisoning symptoms and
				procedures to follow in case of a pesticide accident.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0005 - General Agency, Board or Commission Rules › Chapter 28 - APPLICATOR CERTIFICATION RULES AND REGULATIONS › Section 28-10 - Certification of Private Applicators

Current through July 13, 2024
(a) Each applicant
				may be required to take an examination under the direction of the Director of
				Agriculture in accordance with the conditions and provisions specified herein.
				The requirements for an examination may be fulfilled by satisfactorily
				completing one of the following:
(i) A
				training course approved by the Board of Certification,
(ii) A program instruction workbook,
				or
(iii) A written or oral
				examination.
(A) Applicants shall be required
				to obtain a passing grade of seventy (70) percent on each section or category
				of the examination under which they wish to qualify.
(B) Applicants shall be notified in writing
				of the results of any examination within thirty (30) days.
(C) Such competence of each private
				applicator shall be indicated through the issuance, by the Department of
				Agriculture, of a private applicator's license, based upon the standards set
				forth in Section
				9,
				which ensures the private applicator is competent to use the restricted-use
				pesticide under limitations of applicable state laws and regulations.
(D) Applicants who have been examined and
				found qualified as private applicators shall be issued an appropriate license.
				License shall be valid for such condition as stated on the applicators license.
				The license for the private applicator shall be issued for the portion of the
				calendar year in which the license is issued or reviewed plus fifty-two (52)
				months and shall expire on April 30 of the appropriate year. The Board of
				Certification shall require private certified applicators to attend a
				re-certification course approved by the Board once every five (5) years,
				complete a program instruction workbook, or be re-examined to maintain
				certification. The license shall be a non-fee license.
(E) In the event a person, at the time of
				testing for certification is unable to read a label, the issuing authority will
				administer a private applicator "single product" examination orally, and the
				applicant, if approved, shall be certified only for use of that
				product.
(F) Any private applic
				ator who has had their license suspended shall, prior to reinstatement, be
				required to take a written examination and receive a passing grade before
				operations may be resumed, and shall be considered on probation for a period of
				one (1) year thereafter. Any violations during the period of probation shall be
				cause for immediate revocation of license for up to three (3) years.
(G) The Wyoming Pesticide Board of
				Certification shall in all cases adhere to the Wyoming Administrative
				Procedures Act when revoking, canceling or suspending any private applicator
				license.