§ 16-3-112 — Contested cases; presiding officers; qualifications; powers; outside personnel; hearing officers

Wyoming § 16-3-112

• Jurisdiction: Wyoming
• Title 16: City, County, State and Local Powers
• Ch. 3: ADMINISTRATIVE PROCEDURE

Text

(a) If not otherwise authorized by law there shall preside
at the taking of evidence in all contested cases the statutory
agency, one (1) or more members of the body which comprises the
agency, or an employee of the agency or an employee of another
agency designated by the agency to act as presiding officer. The
functions of all those presiding in contested cases shall be
conducted in an impartial manner. Any officer shall at any time
withdraw if he deems himself disqualified provided there are
other qualified presiding officers available to act.
(b) Officers presiding at hearings shall have authority,
subject to the published rules of the agency and within its
power to:
(i) Administer oaths and affirmations;
(ii) Issue subpoenas;
(iii) Rule upon offers of proof and receive relevant
evidence;
(iv) Take or cause depositions to be taken in
accordance with the provisions of this act and the rules of the
agency;
(v) Regulate the course of the hearing;
(vi) Hold conferences for the settlement or
simplification of the issues;
(vii) Dispose of procedural requests or similar
matters;
(viii) Make recommended decisions when directed to do
so by the agency; and
(ix) Take any other action authorized by agency rules
consistent with this act.
(c) In all contested cases to the extent that it is
necessary in order to obtain compliance with W.S. 16-3-111 the
agency (excepting county and municipal agencies and political
subdivisions on the county and local level) may request the
office of the attorney general to furnish to the agency such
personnel as may be necessary in order for the agency to
properly investigate, prepare, present and prosecute the
contested case before the agency. The attorney general upon the
receipt of the request shall promptly comply with same with no
charge being made against the requesting agency's appropriation
other than for travel and per diem expenses.
(d) To the extent an agency utilizes an employee of
another agency (other than the staff of the attorney general) to
preside at a hearing or otherwise the salary of the employee
during the period of the employment and the expenses incurred by
the employee shall be charged against the appropriation of the
using agency.
(e) When required by law an agency shall adopt rules and
regulations providing a procedure for the use and the selection
of an administrative hearing officer. An agency shall not
delegate the authority to make final decisions to an independent
administrative hearing officer unless required by law.