048-9 Wyo. Code R. §§ 9-11 - Evidence and Testimony

(a) Burden of Proof. The Department shall have the burden of proof for all disciplinary proceedings.

(b) Admissibility of Evidence. Admissibility is governed by W.S. 16-3-108 and WRCP.

(i) The parties shall be entitled to present oral or documentary evidence, submit rebuttal evidence and conduct cross-examinations, as maybe required for a full disclosure of the facts. All documentary or physical evidence submitted for consideration shall be marked as exhibits. The Department's exhibits shall be marked by letters of the alphabet beginning with "A." Contestant's exhibits shall be marked by numbers beginning with "1."

(ii) The Hearing Officer shall allow oral or documentary evidence which is not relevant, immaterial or unduly repetitions evidence.

(c) Objections.

(i) The grounds for objections to any evidentiary rulings by the Hearing Officer shall be briefly stated. Rulings on all objections shall appear in the records. Only those objections made before the Hearing Officer, or specifically stipulated to by both parties, may be relied on in a subsequent proceeding.

(ii) Formal exception to an adverse ruling is not required.

(d) Privileged and Confidential Information.

(i) Any privilege at law shall be recognized by the Hearing Officer in considering evidence.

(ii) No employee of the Department shall be compelled to testify, or to divulge information which is confidential or privileged at law and which is contained within the records of the Department or acquired within the scope of his employment except as provided in W.S. W.S. W.S. 16-3-107.

(e) The Hearing Officer may take official notice of any material fact not appearing in evidence in the record that is of the nature of traditional matters of judicial notice or within the special technical knowledge or files of the Department. Parties shall be given an opportunity to contest matters officially noticed prior to a final decision by the Department in accordance with W.S. W.S. W.S. 16-3-108.

(f) Each witness who is present to give testimony must identify himself or herself by stating his or her name and address, indicate on whose behalf he or she shall testify, and be administered the following oath by the Hearing Officer: "Do you swear or affirm to tell the whole truth, and nothing but the truth?"

Notes

048-9 Wyo. Code R. §§ 9-11