§ 27-11-114 — 27-11-104. Occupational health and safety commission; generally

(a) There is hereby created an occupational health and
safety commission, hereinafter referred to as the "commission,"
which shall be composed of seven (7) members comprised of one
(1) from the general field of employees or employee
organizations; one (1) from the general field of business or
industry; one (1) medical doctor; and four (4) from the public
at large who shall all be appointed by the governor with the
advice and consent of the senate without regard to political
affiliation. The commission members shall choose the commission
chairman annually.
(b) The governor may remove any commission member as
provided in W.S. 9-1-202.
(c) The terms of the members shall be for six (6) years,
except that of the initially appointed members: one (1) from the
field of business, and one (1) from the field of labor shall
serve six (6) years and one (1) medical doctor who shall serve
for a term of six (6) years; and four (4) members from the
public at large, one (1) to serve a term of two (2) years, one
(1) to serve a term of three (3) years and one (1) to serve a
term of four (4) years and one (1) to serve a term of five (5)
years. The terms of the members shall terminate on the last day
of February of the sixth year after their appointment, except as
initially appointed. The governor shall appoint a member to fill
a vacancy in accordance with W.S. 28-12-101.
(d) The commission shall hold at least four (4) regular
meetings per year at such time and place as the chairman shall
specify. Special meetings may be called by the chairman, and
special meetings must be called by the chairman upon a written
request by four (4) or more members. Four (4) members shall
constitute a quorum. Rules, regulations and variances shall not
be devised, formulated, adopted, amended or repealed except by
majority vote of the entire membership of the commission. All
other matters shall be decided by a majority vote of those in
attendance and constituting a quorum.
(e) Repealed by Laws 1990, ch. 63, § 3.
(f) No member of the commission nor any member of any
advisory committees hereinafter referred to, not otherwise in
full-time employment of the state, shall receive any salary but
shall receive the same per diem, mileage and expense allowance
while attending and traveling to and from meetings as officers
or employees of the state are allowed.
(g) The commission shall contract with an independent
hearing officer to hear all contests of notice of violation,
proposed penalty or abatement periods for violations, as written
in the notice of violation received by the employer. The hearing
officer shall be a qualified member of the bar of Wyoming and
may not be an employee of the office of the attorney general or
the department or a member of the commission:
(i) The employer shall have the right to contest the
alleged violation, abatement period or proposed penalty for
violation as written in the notice of violation;
(ii) The employee or the employee representative
shall have the right to contest the abatement period as stated
in the notice of violation and to participate in any hearings
concerning such abatement period;
(iii) The hearing shall be held as soon after
receiving the letter of contest and in a city as near the site
of occurrence as is practicable;
(iv) All hearings shall be conducted pursuant to the
Wyoming Administrative Procedure Act. The hearing officers have
the powers specified in W.S. 16-3-112(b). The hearing officer
shall make written findings of fact and conclusions of law in
each contested case;
(v) The hearing officer shall recommend a decision to
the commission. The decision of the commission is the final
administrative decision. A party adversely affected by a
decision of the commission may appeal to the district court in
the county where the violation allegedly occurred.
(h) Effective July 1, 1979, appointments and terms of
commission members shall be in accordance with W.S. 28-12-101
through 28-12-103.