§ 9-2-3206 — Personnel hearings

(a) Each personnel appeal hearing shall be conducted by a
presiding officer. Pursuant to rules adopted by the
administrator of the personnel division, the parties to a
personnel appeal shall submit the name of a presiding officer as
mutually agreed to. If the parties fail to submit a name within
the time allowed, or if that person is, at any time, unable or
unwilling to serve, the administrator shall immediately refer
the matter to the office of administrative hearings. A hearing
officer from the office of administrative hearings may be
peremptorily disqualified from acting in a case by the filing of
a motion by either party within ten (10) days of receipt of
notice of the assignment of that hearing officer. In any
matter, a party may exercise the peremptory disqualification
only one (1) time and against only one (1) hearing officer.
Either party may seek to disqualify any hearing officer for
cause as provided in the Wyoming Rules of Civil Procedure. The
presiding officer shall conduct an impartial contested case
hearing in accordance with the Wyoming Administrative Procedure
Act. A state employee serving as a presiding officer shall not
receive a fee for his service but shall be considered engaged in
the performance of the duties of his position and shall receive
his salary and reimbursement for expenses as provided for state
employees. If the presiding officer is from the office of
administrative hearings, that office shall be paid at the rate
established by that office for services of its hearing officers.
The fee received by a presiding officer who is not an employee
of the state shall be paid at the same rate established by the
office of administrative hearings for services of its hearing
officers. The expense of the hearing shall be charged to and
borne by the state agency in which the complainant was employed.
The presiding officer's authority shall be limited to the
following:
(i) To conduct hearings in accordance with W.S. 16-3-
112(b)(i) through (vii) of the Wyoming Administrative Procedure
Act and the personnel rules of the executive branch of the
state;
(ii) To determine if the agency complied with
relevant procedural requirements of the personnel rules of the
executive branch of the state of Wyoming. Any error or defect in
the proceedings which does not affect the substantial rights of
either of the parties may be disregarded;
(iii) To determine, based upon the evidence presented
at the hearing, whether the agency established facts by a
preponderance of the evidence constituting good cause for the
personnel action, in which event the action shall be affirmed,
or whether the facts established by the agency do not constitute
good cause for the personnel action, in which event the action
shall be reversed.
(b) Repealed by Laws 1989, ch. 197, § 2.
(c) The decision of a presiding officer under subsection
(a) of this section constitutes the final agency action, but any
party, including the state of Wyoming, aggrieved by a decision
of a presiding officer may seek judicial review of that decision
in the district court pursuant to W.S. 16-3-114. The district
court or supreme court may award reasonable attorney fees and
costs to the prevailing party.
(d) Upon reversal of a personnel action, the agency shall
retain authority to take other management actions, as
recommended by the presiding officer, including less severe
personnel action, based upon the facts found at the hearing.
(e) Repealed by Laws 2022, ch. 55, § 2.
(f) Repealed by Laws 2022, ch. 55, § 2.
(g) Repealed by Laws 2022, ch. 55, § 2.
(h) Repealed by Laws 2022, ch. 55, § 2.