045-1 Wyo. Code R. §§ 1-19 - Requests for Contested Case Hearings or Record Reviews

All requests for a contested case hearing or record review arising from any driver's license related action shall be made in writing and addressed to the Wyoming Department of Transportation, 5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340 or sent electronically.

(a) Notification.

(i) A request for a contested case hearing or record review shall be considered timely if received electronically or postmarked within 20 days of the date the Department provided notice of the Department's intended action (to suspend, revoke, cancel, disqualify, or deny a driver's license) and is accompanied by the required fee.

(ii) If the Department receives a request for a hearing or record review electronically, payment shall be made within 48 hours after the payment link is sent by the Department.

(iii) If, during the investigation process, the Department determines additional information is necessary after accepting the hearing request, the requestor may be required to provide information as the Department directs before referral to the Office of Administrative Hearings.

(b) Computation of Time.

(i) The Department shall allow five days from the date the notice of intent was mailed to the person's last known address on file with the Department. The Department considers the order as received five days after mailing it unless law enforcement gives notice in accordance with W.S. 31-6-102.

(ii) If law enforcement does not give notice in person, the 20-day period to request a contested case hearing or record review shall begin on the sixth day after the Department gives notice of its intent, and the period shall conclude at midnight on the twentieth day thereafter unless that day is a Saturday, Sunday, or legal holiday. In such cases, the period runs until midnight on the following business day.

(iii) If law enforcement gives notice in person, the 20-day period to request a contested case hearing or record review shall begin immediately, and the period shall conclude at midnight on the twentieth day thereafter unless that day is a Saturday, Sunday, or legal holiday. In such cases, the period runs until midnight on the following business day.

(c) Late Requests.

(i) Except as provided in this subsection (c), no contested case hearing shall be granted unless the request is made in a timely manner.

(ii) Upon receiving a late request for a contested case hearing, the Department may grant a late hearing if satisfactory written evidence and documentation is submitted showing the lateness resulted from external factors beyond the petitioner's control.

(iii) Upon receiving a late request for a record review, the Department may grant a probationary driver's license for limited driving privileges if:

(A) The petitioner holds an unexpired, permanent driver's license;

(B) The petitioner is otherwise entitled to limited driving privileges; or

(C) The Department receives satisfactory written evidence indicating that failure to grant the limited driving privileges will cause undue hardship.

(iv) If the Department denies a late request for a contested case, it shall refund the required fee.

(d) Stay of Action.

(i) When a contested case hearing or timely record review is granted, the proposed action shall be stayed. The stay shall be effective the day the Department grants a contested case hearing or record review. Stays shall not be granted retroactively.

(ii) Stays shall continue as follows:

(A) For a contested case, until a contested case hearing is conducted before the Office of Administrative Hearings and a final order has been entered; or

(B) For a timely record review, the suspension dates are stayed for up to 30 days from the date the record review is granted or a probationary driver's license for limited driving privileges is issued, as long as the individual still holds a permanent driver's license that is not expired or has not otherwise been withdrawn.

Notes

045-1 Wyo. Code R. §§ 1-19

Amended, Eff. 12/5/2016. Amended, Eff. 7/2/2024.