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Wyoming Workers' Compensation Legal Library

Wyoming Home Page   >   Wyoming Regulations

Contested Case Proceedings


Section 1. Referral to Office of Administrative Hearings.

(a) In any contested case where the agency is legally required to refer the

contested case to the Office, or where the Office accepts an agency request to refer the

contested case to the Office, referral shall be made as soon as practical after initiation of

the contested case or as otherwise provided by law.

(b) The referring agency shall transmit to the Office copies of appropriate

agency documents reflecting the disputed agency action or inaction and the basis

thereof, including any written challenge(s) which initiated the contested case.

(c) The referring agency shall affix a transmittal sheet, on a form provided by

the Office, sufficiently identifying the contested case, such as:

(i) The name of the referring agency;

(ii) The name of the known parties and their attorneys;

(iii) A concise statement of the nature of the contested case;

(iv) Notification of any statutory time limits, such as for the setting of

hearings or the entry of decision;

(v) Anticipated special features or unique requirements, such as a

party's request for interim, expedited or emergency relief; and,

(vi) Certification by an authorized officer of the referring agency that

all parties have been properly served with a true and complete copy of the transmittal


Section 2. Filing and Service of Papers.

(a) In all contested cases, the parties shall file all original documents,

pleadings and motions with the agency whose action or inaction is disputed, with true

and complete copies of the particular document, pleading or motion properly served on

all other parties and the Office. Thus with proper filing and service, the referring

agency will maintain the complete official file, and all parties and the Office will have

copies of all contested case documents, pleadings and motions contained therein. The

Office, in its discretion, may make provision for other filing arrangements in individual


(b) If a party is represented, service of contested case documents, pleadings

and motions shall be made upon that party's attorney or other representative of record.

(c) Filing and service under this rule may be made either by hand delivery,

by mail transmittal to the last known address, or by facsimile transmission.

Section 3. Docketing.

(a) The Office shall assign a docket number to each contested case. All

papers, pleadings, motions and orders filed thereafter shall be signed and contain:

(i) Conspicuous reference to the assigned docket number;

(ii) A caption setting forth the title of the contested case proceeding

and a brief designation describing the document filed; and,

(iii) The name, address and telephone number of the person who

prepared the document.

Section 4. Scheduling.

(a) Upon docketing, the Office shall take appropriate action towards the

ultimate decision, which may include but is not limited to scheduling informal

conferences, pretrial hearings, motion hearings, settlement conferences and the

contested case evidentiary hearing.

(b) As is provided by Chapter 3, Section 4 of these rules, telephone

conference calls may be used to conduct any hearing or other proceeding.

Section 5. Continuances and Extensions of Time.

(a) Unless time does not permit, a request for a continuance of any

scheduled hearing shall be in writing, shall state the reasons therefore and shall be filed

and served on all parties and the Office. Continuances will be sparingly granted, only

upon a substantial showing of good cause, or when necessary to assure fairness and

otherwise avoid manifest injustice. Continuances will not ordinarily be granted ex

parte. Opposing counsel or the opposing party, if not represented, should be contacted

before a request for continuance is submitted to the Office.

(b) A request for an extension of time for the doing of any act prescribed or

allowed by these rules or by order of the Office, shall be filed and served on all parties

and the Office, prior to the expiration of the applicable time period. An extension of

time will be granted only upon a showing of good cause, or when necessary to avoid

manifest injustice.

(c) The presiding officer may relax the requirements for granting continuances

and extensions of time so long as no party objects.

Section 6. Computation of Time. The computation of any period of time

prescribed or allowed by these rules or any applicable statutes shall be in accordance

with the provisions of Rule 6 (a) and (d), Wyoming Rules of Civil Procedure.

Section 7. Designation and Authority of Presiding Officer.

(a) A presiding officer of the Office may be designated to preside over the

contested case and will provide the parties with either a recommended or final decision,

whichever is appropriate under the applicable law, except in those cases where a

referring agency does not wish to receive a recommended decision. In resolving a

contested case, the presiding officers shall have that authority provided by law,

including but not limited to regulating the course of the contested case proceeding.

(b) The presiding officer may, at any time while a contested case is pending,

recuse himself or herself from presiding over the contested case by filing written notice

of recusal with the agency and serving all parties. From and after the date the written

notice of recusal is entered, that presiding officer shall not participate in resolution of

the contested case.

(c) Upon motion of any party, recusal of the presiding officer shall be for

cause as provided in rule 40.1(b)(2), Wyoming Rules of Civil Procedure.

Section 8. Ex parte Communications. Except to the extent authorized by law,

a party or that party's attorney shall not communicate, directly or indirectly, in

connection with any issue of fact or law with the presiding officer concerning any

pending case, except upon notice and opportunity for all parties to participate. Should

ex parte communication occur, the presiding officer shall advise all parties of the

communication as soon as possible thereafter, and if requested, allow any party an

opportunity to respond.

Section 9. Discovery. Unless otherwise prohibited by law, discovery shall be

available to the parties in accordance with the provisions of Rules 26, 28 through 37

[excepting Rule 37(b)(1) and 37(b)(2)(D)] of the Wyoming Rules of Civil Procedure.

Discovery requests, answers and deposition notices are not to be sent to this Office.

Section 10. Subpoenas. Any party may request the Office issue a subpoena so

as to compel the attendance of a witness. Request for the issuance of a subpoena shall

be accompanied by a completed subpoena which should substantially conform to Rule

45 of the Wyoming Rules of Civil Procedure.

Effective 05/07/2008

Section 11. Expedited Contested Case.

(a) Upon request of the parties, made prior to the date set for evidentiary

hearing, any case may be heard as an expedited case.

(b) Expedited cases will be decided on written argument, evidence and

stipulations submitted by the parties. Oral argument will be permitted upon the request

of any party.

(c) The Office, at its discretion, may require an evidentiary hearing in any

case in which it appears that facts material to a decision in the case cannot be properly

determined without an evidentiary hearing.

Section 12. Limited Assignment for Alternative Dispute Resolution. The

Office may, or at the request of all parties shall, assign the contested case to another

presiding officer or other qualified person on limited assignment for the purpose of

invoking non-binding alternative dispute resolution methods, including settlement

conference and mediation. Such settlement conference or mediation may be conducted in

accordance with the procedures prescribed by the person conducting the settlement

conference or mediation. Rule 40, Wyoming Rules of Civil Procedure, shall not control

alternative dispute resolution proceedings under this section, but may be used for


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