044-32 Wyo. Code R. §§ 32-23 - Contested Case Hearing Procedure

(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.

(d) Hearings shall be conducted in accordance with the following order of procedure unless otherwise modified by the Hearing Officer after notice to the parties:

(i) The Hearing Officer shall announce that the hearing is convened upon the call of the docket number, title of the matter and case to be heard, and shall note for the record all subpoenas issued and all appearances of record, including counsels of record.

(ii) The Petitioner shall then proceed to present his evidence. Witnesses may be cross-examined by the Respondent or Respondents. All exhibits offered by and on behalf of the Petitioner shall be marked by letters of the alphabet beginning with "A".

(iii) The Respondent or Respondents shall, in the order of answers or appearances made, be heard in the same manner as the Petitioner's evidence, witnesses and exhibits have been heard and presented. Each Respondent's exhibits shall be marked separately so as to identify the respective Respondents and numbered commencing with the number "1".

(iv) All persons testifying at any hearing before the Hearing Officer shall be administered the following by the Hearing Officer:

(A) "Do you swear (or affirm) to tell the truth, the whole truth and nothing but the truth?

(e) Disrespectful, disorderly or contemptuous conduct, refusal to comply with directions, continued use of dilatory tactics, or refusal to adhere to reasonable standards of orderly and ethical conduct, at any pre-hearing or hearing, shall constitute grounds for immediate exclusion from the hearing or pre-hearing.

(f) In all matters before the commissioner, or his designee, the commissioner may request the Attorney General of the State of Wyoming, or a representative of his staff, to be present to assist and advise the commissioner, his designee, or the Department.

(g) After all proceedings have been concluded, the Hearing Officer shall dismiss and excuse all witnesses and declare the hearing closed. Either party who wishes to file written briefs of law and proposed findings of fact and conclusions of law and order may do so.

Notes

044-32 Wyo. Code R. §§ 32-23

Amended, Eff. 2/21/2018.