011-20 Wyo. Code R. §§ 20-12 - Hearing Procedures

(a.) Purpose. These rules are established to provide a fair and efficient method for administrative hearings relative to suspension or revocation of licenses by the Division. These procedures may be utilized when a formal hearing is necessary for other purposes as well.

(b.) Commencement of Action. Upon an appropriate showing of violation of Title 12 of Wyoming Statutes or the Rules of the Division, the Division may commence proceedings to suspend or revoke the license of the alleged offender.

In an Order to Show Cause, the Division shall notify the licensee of the:

Time, place and nature of the hearing;

The legal authority and jurisdiction under which the hearing is to be held;

The particular sections of the statutes and rules involved; and

A short and plain statement of the violations alleged.

No answer is required, and at the hearing, the licensee may appear and show why his license should not be suspended or revoked.

(c.) Time and Place of Hearing. The hearing may be held no less than twenty (20) days after service of the Order to Show Cause upon the licensee, so that the licensee may have adequate time for preparation. Upon motion and for good cause, the hearing may be postponed by the Division until a later date.

Hearings shall be conducted in Cheyenne, Wyoming, unless upon motion and for good cause shown the Division determines another location is preferable.

(d.) Service. The Order to Show Cause shall be served personally or by mail, return receipt requested, addressed to the place of business of the licensee or permittee, or to the most recent residence address filed with the Division of a licensed representative.

(e.) Hearing Officer. The Division shall designate a hearing officer to conduct the hearing.

The licensee may move to disqualify a hearing officer by filing written motion and supporting affidavits of personal bias with the Division. After careful consideration of the evidence presented, the director of the Department shall rule upon the motion.

Hearing officers may withdraw whenever they deem themselves disqualified because of personal bias or other substantial reason.

(f.) Authority of Hearing Officers. Hearing officers have the authority in accordance with W.S. 16-3-112 to:

Administer oaths and affirmations;

Issue subpoenas;

Rule upon offers of proof and receive relevant evidence;

Take or cause depositions to be taken in accordance with the provisions of the Administrative Procedure Act, W.S. W.S. W.S. 16-3-101 through 16-3-115;

Regulate the course of the hearing;

Hold conferences for the settlement or simplification of the issues;

Dispose of procedural requests or similar matters;

Make recommended decisions when directed to do so by the agency; and

Make any action authorized by agency rules, the Administrative Procedures Act, or the Alcoholic Beverage Statutes.

(g.) Counsel. All parties may appear at the hearing with or without counsel or other representative of their choice.

(h.) Inspection of File. Each party, or their authorized representative, shall be permitted to inspect and copy, at their own expense at the offices of the Division, all documents filed in the license suspension or revocation proceedings, and all documents regarding the subject of the hearing contained in the Division's files permitted by law to be inspected and copied.

(i.) Record of Proceedings. The hearing shall be reported verbatim, stenographically or by any other appropriate means determined by the Division or hearing officer. A copy will be furnished to any party upon written request to the Division and payment of a reasonable fee. If one or more parties desires the hearing transcribed by a certified court reporter, such parties must make the necessary arrangements and bear the cost. By agreement of the parties, court reporter fees and transcription charges may be shared.

(j.) Order of Procedure at Hearing. Hearings shall be conducted substantially as follows:

The hearing officer shall announce that the hearing is called to order and announce the matter to be heard, briefly summarizing the case and the issues.

The hearing officer shall take up any preliminary motions or matters to be discussed.

The Division may present a brief opening statement of the charges, explain the theory of the case and what the evidence will show.

The licensee may present his/her opening statement in the same manner.

The Division shall then present the evidence of the Division, subject to cross examination by the licensee and the hearing officer.

The licensee shall present his/her evidence, subject to cross examination by the Division and the hearing officer. The Division may follow with rebuttal evidence.

Closing statements may be made at the conclusion of the evidence by both parties. These statements may include summaries of the evidence and legal arguments. The Division shall precede the licensee and may also briefly rebut licensee's closing statement.

The hearing officer may ask for proposed findings of fact and conclusions of law from both parties, to be submitted within a reasonable time.

After all proceedings have been concluded the hearing officer shall dismiss and excuse all witnesses not already excused and declare the hearing closed.

(k.) Decision of Department.

Within twenty (20) working days after completion, the hearing officer shall prepare proposed findings of fact and conclusions of law for submittal, along with the entire record as defined in W.S. W.S. W.S. 16-3-107(o), and the proposed findings of fact and conclusions of law from both parties, if any, to the director of the Department of Revenue. By agreement of all parties such period may be extended.

After receipt of the record, the Department of Revenue shall within twenty (20) working days enter a decision and final order containing findings of fact and conclusions of law, signed by the director of the Department. By agreement of all parties such period may be extended.

The licensee shall be promptly notified by mail of the final order.

(l.) Appeals to District Court. Any licensee aggrieved or adversely affected by a final decision of the Department of Revenue after a hearing is entitled to judicial review in the appropriate district court pursuant to W.S. W.S. W.S. 16-3-114 and W.S. W.S. W.S. 12-7-201(d).

Notes

011-20 Wyo. Code R. §§ 20-12