§ 16-3-107 — Contested cases; general procedure

Wyoming § 16-3-107

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

Text

(a) In any contested case, all parties shall be afforded
an opportunity for hearing after reasonable notice served
personally or by mail. Where the indispensable and necessary
parties are composed of a large class, the notice shall be
served upon a reasonable number thereof as representatives of
the class or by giving notice by publication in the manner
specified by the rules or an order of the agency.
(b) The notice shall include a statement of:
(i) The time, place and nature of the hearing;
(ii) The legal authority and jurisdiction under which
the hearing is to be held;
(iii) The particular sections of the statutes and
rules involved;
(iv) A short and plain statement of the matters
asserted. If the agency or other party is unable to state the
matters in detail at the time the notice is served, the initial
notice may be limited to a statement of the issues involved, and
thereafter upon application a more definite and detailed
statement shall be furnished.
(c) In all contested cases, depositions and discovery
relating thereto, agencies shall have the authority to
administer oaths and affirmations, subpoena witnesses and
require the production of any books, papers or other documents
relevant or material to the inquiry. In case of refusal to obey
a subpoena issued by the agency in a contested case, deposition
or discovery relating thereto, to any person, the district court
for the district in which the hearing or deposition or other
proceeding is being conducted, or for the district where the
person may be served, may upon application by the agency issue
to the person refusing to obey the subpoena an order requiring
the person to show cause for the refusal or to appear before the
agency or other person designated by it there to produce
documentary evidence if so ordered or there to give evidence
touching the matter in question. Any failure to show cause or
obey the order of court may be punished by the court as a
contempt thereof.
(d) In all contested cases the agency shall as part of its
rules of practice provide that the agency or one (1) of its
presiding officers designated by it upon application of any
party shall issue a subpoena requiring the appearance of
witnesses for the purpose of taking evidence or requiring the
production of any books, papers or other documents relevant or
material to the inquiry.
(e) The agency upon motion made promptly and in any event
at or before the time specified in the subpoena for compliance
therewith, may quash or modify the subpoena if it is
unreasonable and oppressive, or in the event issued pursuant to
subsection (g) of this section may condition denial of the
motion upon the advancement by the person in whose behalf the
subpoena is issued of the reasonable cost of producing the
books, papers, documents or tangible things.
(f) If a subpoena issued pursuant to this section is
disobeyed and if the agency fails to apply pursuant to
subsection (c) of this section for enforcement any party may
apply to the district court for the district having venue under
subsection (c) of this section for enforcement pursuant to
subsection (c) of this section.
(g) In all contested cases the taking of depositions and
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)(A)(vii) therefrom) of the Wyoming Rules of
Civil Procedure in effect on the date of the enactment of this
act and any subsequent rule amendments thereto. All references
therein to the "court" shall be deemed to refer to the
appropriate "agency"; all references to the use of the subpoena
power shall be references to subsection (c) of this section; all
references to "trial" shall be deemed references to "hearing";
all references to "plaintiff" shall be deemed references to "a
party". If a party or other witness refuses to be sworn or
refuses to answer any question after being directed to do so by
the agency in which the action is pending, the refusal to obey
the agency order shall be enforced in the same manner as is
provided in subsection (c) of this section.
(h) Any agency which is a party to the contested case is
subject to the discovery provisions of this section but neither
the agency, nor any member, officer or employee shall be
required to disclose information which is confidential or
privileged under the law and no member of the presiding agency
shall be compelled to testify or give a deposition in a
contested case. Discovery sought from the agency initially shall
be by written application. If the agency refuses to allow
discovery in whole or in part the aggrieved party may apply to
the presiding officer for an order compelling discovery. If the
presiding officer fails or refuses to compel discovery, the
aggrieved party may apply to the district court for the district
in which the hearing, deposition or other proceeding is being or
is to be conducted for an order directed to the agency
compelling discovery. The presiding officer or district court
shall enter such order as may be appropriate.
(j) Opportunity shall be afforded all parties to respond
and present evidence and argument on all issues involved. Any
person compelled to appear in person before any agency or
representative thereof shall be accorded the right to be
accompanied, represented and advised by counsel or, if permitted
by the agency, by other qualified representative.
(k) Every party shall be accorded the right to appear in
person or by or with counsel or other duly qualified
representative in any agency proceeding in accordance with such
rules as the agency prescribes and the pertinent rules of the
supreme court of Wyoming. So far as the orderly conduct of
public business permits, any interested person may appear before
any agency or its responsible officers or employees for the
presentation, adjustment or determination of any issue, request
or controversy in any proceeding (interlocutory, summary or
otherwise) or in connection with any agency function. Every
agency shall proceed with reasonable dispatch to conclude any
matter presented to it except that due regard shall be had for
the convenience and necessity of the parties or their
representatives. Any person representing an agency at a hearing
in a contested case in which the agency is a party shall not in
the same case serve as presiding officer or provide ex parte
advice regarding the case to the presiding officer or to the
body or any member of the body comprising the decision makers.
(m) No process, requirement of a report, inspection, or
other investigative act or demand shall be issued, made or
enforced in any manner or for any purpose except as authorized
by law. Every person compelled to submit data or evidence is
entitled to retain or, on payment of lawfully prescribed costs,
procure a copy of a transcript thereof, except that in a
nonpublic investigatory proceeding the witness may for good
cause be limited to inspection of the official transcript of his
testimony.
(n) Unless precluded by law, informal disposition may be
made of any contested case by stipulation, agreed settlement,
consent order or default.
(o) The record in a contested case must include:
(i) All formal or informal notices, pleadings,
motions and intermediate rulings;
(ii) Evidence received or considered including
matters officially noticed;
(iii) Questions and offers of proof, objections and
rulings thereon;
(iv) Any proposed findings and exceptions thereto;
(v) Any opinion, findings, decision or order of the
agency and any report by the officer presiding at the hearing.
(p) In all contested cases the proceeding including all
testimony shall be reported verbatim stenographically or by any
other appropriate means determined by the agency or the officer
presiding at the hearing.
(q) Oral proceedings or any part thereof shall be
transcribed on request of any party upon payment of the cost
thereof.
(r) Findings of fact shall be based exclusively on the
evidence and matters officially noticed.