048-11 Wyo. Code R. §§ 11-5 - Order of Hearing Proceedings

(a) Every party of record may appear in person and with counsel and testify in the hearing of the contested case. In all contested cases, the proceeding including all testimony shall be reported verbatim stenographically or by any other appropriate means determined by the Administrator of presiding officer. Oral proceedings shall be transcribed on request of a party upon payment of the cost for the transcript.

(b) Witnesses shall be examined orally and under oath or affirmation administered by the presiding officer. The complainant shall establish by a preponderance of evidence the controverted facts upon which he bases his complaint. In the absence of an answer by the respondent, the presiding officer shall take such proof of the facts as may be deemed proper and reasonable and make such order thereon as dictated by the circumstances. If the complainant failed to appear at the hearing, the presiding officer shall dismiss the complaint with prejudice.

(c) The Wyoming Rules of Evidence shall be followed by the presiding officer and the parties. The provisions of W.S. 16-3107 and 16-3-108 apply to contested cases before the Division, relating to reporting proceedings, transcription of the proceedings, documentary evidence, exclusion of evidence, cross examination, and judicial notice. Complainants exhibits shall be marked by numbers beginning with "1" and respondents exhibits shall be marked by letters of the alphabet beginning with "A."

(d) At the commencement of the hearing, the presiding officer shall announce that the hearing is open and shall call the docket number and title of the case to be heard. He may recess the proceedings when necessary and appropriate. at the close of the hearing after the parties have rested, the presiding officer shall excuse all the witnesses and close the evidence. Evidence may be reopened upon motion of a party and a showing of good cause.

(e) At hearings of contested cases, the complainant or the protestant shall open and close. On investigations on motion or order, the Administrator shall open and close. Intervenors shall follow the party on whose behalf the intervention is made.

(f) Opening and closing statements may be made by the parties or their counsel under conditions and limitations fixed by the presiding officer. Briefs may be filed by any party at the discretion of the presiding officer and within the time fixed by him.

Notes

048-11 Wyo. Code R. §§ 11-5