§ 31-7-105 — Administrative hearings

Wyoming § 31-7-105

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 7: DRIVER'S LICENSES
• Art. 1: IN GENERAL

Text

(a) Repealed by Laws 1992, ch. 30, § 3.
(b) A hearing examiner designated by the office of
administrative hearings created by W.S. 9-2-2201 shall sit as
the administrative hearing agency for the department to hear
all:
(i) Contested cases involving per se suspensions
involving a question of law, medical cancellations and denials,
accident suspensions, commercial drivers license
disqualifications and any other action as defined by department
rule and regulation;
(ii) Appeals from the record review of the
department.
(c) Any order of a hearing examiner may be appealed to the
district court. The person whose license or driving privilege
is affected may file a petition for a review of the record in
the district court in the county where the person resides or in
the case of a nonresident in Laramie county or the county where
the offense is alleged to have occurred. The person shall have
thirty (30) days from the date of the written order in which to
file the petition for review. The district court shall
immediately set the matter for determination upon thirty (30)
days written notice to the department.
(d) Except for driving privileges that have been suspended
for nonpayment of child support, before suspending, revoking,
canceling or denying the license or driving privilege of any
person under this act or disqualifying a person from driving a
commercial motor vehicle pursuant to W.S. 31-7-305 and 31-7-307,
the department shall immediately advise the licensee in writing:
(i) Of his right to request a hearing;
(ii) If the request for hearing is only to receive
limited driving privileges, that the request shall be for a
record review conducted by the department. The request for a
record review under this paragraph shall be accompanied by a fee
of fifteen dollars ($15.00);
(iii) If the request for hearing is for any purpose
other than specified under paragraph (d)(ii) of this section,
that the request shall be for a hearing before a hearing
examiner within the office of administrative hearings. The
request for a hearing before the office of administrative
hearings under this paragraph shall be accompanied by a fee of
twenty-five dollars ($25.00).
(e) The licensee has twenty (20) days from the date the
department denies the license or gives the notice of intent to
suspend, revoke or cancel the license or disqualify the licensee
from driving a commercial motor vehicle within which to request
a hearing or the opportunity for a hearing is waived. If the
request for a hearing is timely and the request is for a
contested case, the department shall forward the request and
certified record to the hearing examiner who shall schedule a
hearing within forty-five (45) days after receipt of the
certified record at a time and place specified by the hearing
examiner. The hearing examiner shall provide the licensee notice
of the hearing at least ten (10) days in advance of the hearing.
If the hearing examiner fails to schedule the hearing within
forty-five (45) days of the request, other than at the request
of the licensee, the licensee, as his sole remedy, shall be
given credit against any action upheld at the hearing for the
time between the expiration of the forty-five (45) day period
and the date the hearing was first scheduled. The hearing
examiner may administer oaths, subpoena and compel the
attendance of witnesses or the production of relevant books,
papers and other evidence reasonably necessary to resolve the
matters under consideration in accordance with W.S. 16-3-101
through 16-3-115 and may require reexamination of the licensee.
The hearing examiner shall issue subpoenas upon his own motion
or upon the request of any party to the proceedings in
compliance with the Wyoming Rules of Civil Procedure. Upon
hearing, the hearing examiner shall either rescind or uphold the
action or upon a showing of good cause, may continue or modify a
suspension of the license.
Note: Effective 1/1/2026 this subsection will read as:
(e) The licensee has twenty (20) days from the date the
department denies the license or gives the notice of intent to
suspend, revoke or cancel the license or disqualify the licensee
from driving a commercial motor vehicle within which to request
a hearing or the opportunity for a hearing is waived. If the
request for a hearing is timely and the request is for a
contested case, the department shall forward the request and
certified record to the hearing examiner who shall schedule a
hearing within forty-five (45) days after receipt of the
certified record at a time and place specified by the hearing
examiner. The hearing examiner shall provide the licensee notice
of the hearing at least ten (10) days in advance of the hearing.
If the hearing examiner fails to schedule the hearing within
forty-five (45) days of receipt of the certified record from the
department, other than at the request of the licensee, the
licensee, as his sole remedy, shall be given credit against any
action upheld at the hearing for the time between the expiration
of the forty-five (45) day period and the date the hearing was
first scheduled. The hearing examiner may administer oaths,
subpoena and compel the attendance of witnesses or the
production of relevant books, papers and other evidence
reasonably necessary to resolve the matters under consideration
in accordance with W.S. 16-3-101 through 16-3-115 and may
require reexamination of the licensee. The hearing examiner
shall issue subpoenas upon his own motion or upon the request of
any party to the proceedings in compliance with the Wyoming
Rules of Civil Procedure. Upon hearing, the hearing examiner
shall either rescind or uphold the action or upon a showing of
good cause, may continue or modify a suspension of the license.
(f) Upon receipt of a timely request, the department shall
conduct a review of its records and issue an order granting or
denying limited driving privileges. The discretion to continue
or modify any order of suspension or denial to allow driving
privileges is limited as follows:
(i) It shall be extended only in cases where failure
to do so would cause an undue hardship;
(ii) Except as provided in paragraph (iv) of this
subsection, it shall be extended only once to any person in a
five (5) year period;
(iii) It may be extended to a person convicted under
W.S. 31-5-233 or other law prohibiting driving while under the
influence, or a person whose driver's license has been suspended
or denied for a violation of W.S. 31-5-234, only if:
(A) Within the five (5) year period preceding
the date of the most recent offense, the person has not been
convicted under W.S. 31-5-233 or other law prohibiting driving
while under the influence; and
(B) The person agrees to pursue and completes an
alcohol education or treatment program as the department
prescribes.
(iv) A person whose driving privileges have been
suspended for nonpayment of child support may be granted limited
driving privileges for a period not to exceed one hundred twenty
(120) days upon request of the individual to the department
after receipt of the notice of suspension of driving privileges
pursuant to W.S. 20-6-111. A person granted limited driving
privileges under this paragraph shall not be granted an
extension of such privileges for twelve (12) months after the
limited driving privileges expire unless the person has
subsequently made full payment on his child support obligation
in arrears, or is in full compliance with a payment plan
approved by the department of family services;
(v) It shall not be granted in cases of:
(A) Revocation;
(B) A conviction under W.S. 31-5-233 or other
law prohibiting driving while under the influence if there has
been another conviction under W.S. 31-5-233 or other law
prohibiting driving while under the influence within the five
(5) year period preceding the date of the offense upon which the
conviction at issue is based;
(C) A cancellation;
(D) A suspension under the Motor Vehicle Safety-
Responsibility Act or W.S. 31-6-102;
(E) A denial under W.S. 31-7-108(b);
(F) A disqualification from driving a commercial
motor vehicle under W.S. 31-7-305 and 31-7-307;
(G) A licensee under nineteen (19) years of age
who has had his license suspended under W.S. 31-7-128(f) unless
at least one-third (1/3) of the total license suspension period
has elapsed and the licensee has complied with or is complying
with all requirements or conditions imposed by the court
resulting from the conviction;
(H) Repealed By Laws 2011, Ch. 178, § 2.