Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0008 - Practice and Procedure
Chapter 2 - CONTESTED CASE HEARINGS
Section 2-20 - Evidence
Universal Citation: WY Code of Rules 2-20
Current through September 21, 2024
(a) The hearing officer shall rule on the admissibility of evidence in accordance with the following:
(i) Evidence of the type commonly
relied upon by reasonably prudent persons in the conduct of their serious
affairs shall be admissible. Irrelevant, immaterial, or unduly repetitious
evidence shall be excluded.
(ii)
Evidence may be offered through witness testimony or in documentary
form;
(iii) Testimony shall be
given under oath administered by the hearing officer. Deposition testimony and
other pre-filed testimony may be submitted as evidence, provided the testimony
is given under oath administered by an appropriate authority, and is subject to
cross- examination by all parties;
(iv) The rules of privilege recognized by
Wyoming law shall be given effect; and
(v) A hearing officer may take administrative
notice of judicially cognizable facts, provided the parties are properly
notified of any material facts noticed.
(b) Each party shall have the opportunity to cross-examine witnesses. The hearing officer may allow cross-examination on matters not covered on direct examination. Each party shall have the opportunity to perform re-direct examination of witnesses on matters covered during cross-examination.
(c) The hearing officer or Council member, when applicable, may ask questions of any party or witness.
Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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