§ 35-24-109 — Limited hearing on application; issues identified prior to hearing; procedure; evidence; decision

(a) If a contested case hearing is not required pursuant
to W.S. 35-24-107(b) and in lieu of W.S. 35-24-108, the director
may prior to rendering a decision on any application, order a
limited hearing. A copy of the order shall be mailed to the
applicant and to all persons who have submitted comments or
requested to be kept informed of the proceedings involving the
application. The order shall state the date, time and location
of the limited hearing and shall identify specific issues to be
addressed at the limited hearing, which may include the
feasibility and desirability of one (1) or more alternatives to
the proposed arrangement. The order shall require the applicant
to submit written evidence in the form of affidavits and
supporting documents, addressing the issues identified within
twenty (20) days after the date of the order. The order shall
also state that any person may arrange to receive a copy of the
written evidence from the director, at the person's expense, and
may provide written comments on the evidence within forty (40)
days after the date of the order. Any person providing written
comments pursuant to this subsection shall provide a copy of the
comments to the applicant.
(b) The limited hearing shall be held before the director
or a department staff member designated by the director. The
director or his designee shall question the applicant concerning
the evidence submitted by the applicant. The questions may
address relevant issues identified in the comments submitted in
response to the written evidence or identified by the department
of health staff or discovered through publicly available
department of health data. At the conclusion of the applicant's
responses to the questions, any person who submitted comments
about the applicant's written evidence may make a statement
addressing the applicant's responses to the questions. The
director or his designee may ask questions of any person making
a statement. At the conclusion of all statements, the applicant
may make a closing statement.
(c) The director's decision after a limited hearing shall
to the extent each is relevant, be based upon the application,
the comments, the applicant's response to the comments, the
applicant's written evidence, the comments in response to the
written evidence and the information presented at the limited
hearing. In making the decision, the director may rely on
publicly available department of health data.