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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
(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.
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