Current through September 21, 2024
(a)
Definitions.
(i)
PETITIONER shall mean the person, group, or entity initiating action for a
hearing.
(ii) RESPONDENT shall mean
the Commission.
(b)
Notice of Hearing. The Commission shall cause written
notice of any hearing held under these rules to be served upon each contestant
at least ten (10) days prior to the date set for the hearing. Such 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) Such other matters as
may be required by the Wyoming Administrative Procedures Act.
(c)
Service of
Notice. Service may be made either personally or by certified or
registered mail as follows:
(i) Personally:
Service, if made by sheriff, or other person, shall be made in the manner
prescribed by the Wyoming Rules of Civil Procedure. Service may be made by any
person, not an officer, who is of lawful age, and not a party in interest. The
return of service shall be made by the certification of the officer who made
the service, or if made by a person other than an officer, by his affidavit.
Return of service must be filed with the Commission prior to the commencement
of the hearing.
(ii) By certified
or registered mail to the last known address of a petitioner.
(d)
Motions. The Commission may at any time after three
(3) days notice to all parties, hear orally or otherwise, any motion filed in
connection with hearings under these rules.
(e)
Order of Procedure at
Hearing. As nearly as may be, hearings shall be conducted in
accordance with the following order of procedure:
(i) The chairman; shall announce that the
Commission is open to transact business and call by docket number and title the
case to be heard.
(ii) The
petitioner will be allowed an opening statement to briefly explain its position
to the Commission and outline the evidence it proposes to offer, together with
the purpose.
(iii) The respondent
will be allowed an opening statement.
(iv) Any additional parties will be allowed
an opening statement.
(v) The
petitioner's evidence will be heard and offered. Witnesses may be
cross-examined by the respondent and by members of the Commission and legal
counsel for the Commission. The petitioner's exhibits will be marked by letters
of the alphabet, beginning with "A".
(vi) The respondent's evidence will be heard
and offered. Witnesses may be cross-examined by the petitioner or his attorney
and by members of the Commission and legal counsel for the Commission. The
respondent's exhibits will be marked by letters of the alphabet, beginning with
"AA".
(vii) The chairman may
introduce any evidence necessary on behalf of the Commission, and exhibits of
the Commission will be marked with numbers, beginning with "l". Members of the
Commission may examine witnesses. Witnesses may be cross-examined by the
contestant and the attorney for the Commission.
(viii) The Commission may in its discretion
allow evidence to be offered out of order.
(ix) Closing statements will be made in the
following sequence:
(A) Petitioner.
(B) Respondent.
(x) Petitioner's rebuttal if the Commission
feels it is necessary. The time for oral argument may be limited by the
chairman.
(xi) The chairman may
recess the hearing as required.
(xii) After all interested parties have been
offered an opportunity to be heard, the chairman shall declare the evidence
closed and excuse all witnesses. The evidence of the case may be reopened at a
later date, for good cause shown, by order of the Commission upon motion of any
party to the proceeding, the chairman, or the Commission itself.
(xiii) Parties may tender briefs, or the
Commission may call for such briefs as may be desirable.
(xiv) The chairman may declare that the
matter is taken under advisement and that the decision and order of the
Commission will be announced at a later date.
(f)
Witnesses at Hearings to be
Sworn. All persons testifying at any hearing before the Commission
shall stand and be administered the following oath or affirmation by a member
of the Commission, or other qualified person:
"Do you swear (or affirm) to tell the truth, the whole truth,
and nothing but the truth in the matter now before the Commission, so help you,
God?"
No testimony will be received from a witness except under
such oath or affirmation.
(g)
Applicable Rules of Civil
Procedure. The rules of practice and procedure contained in the
Rules of Civil Procedure of the State of Wyoming, insofar as the same may be
applicable and not inconsistent with the laws of the State of Wyoming, shall
apply in all hearings before the Commission. For the application of such rules
the secretary is designated to be in the same relationship to the Commission as
a clerk of court to a court.
(h)
Attorneys. The filing of a pleading or other
appearance by an attorney constitutes his appearance for the party for whom
made. The Commission must be notified in writing of his withdrawal from any
matter. Any person appearing before the Commission at a hearing in a
representative capacity shall be precluded from examining or cross-examining
any witness, unless such person shall be an attorney licensed to practice law
in the State of Wyoming, or a nonresident attorney associated with a Wyoming
attorney. This rule shall not be construed to prohibit any person from
representing himself before the Commission.
(i)
Appearances.
(i) At any hearing held or any investigation
conducted by the Commission, all parties named in paragraph (f) who are
directly affected by the proceeding shall be entitled to enter an appearance,
to introduce evidence, examine and cross-examine witnesses, make arguments and
generally participate in the conduct of the proceeding.
(ii) Appearances and representation of
parties shall be made as follows:
(A) An
individual may appear and be heard in his own behalf.
(B) A partnership may appear and be
represented by a partner.
(C) A
corporation may appear and be represented by a corporate officer or a full-time
employee of the corporation.
(D) A
municipal corporation or its Board of Public Utilities may appear and be
represented by a municipal officer, a member of the board, or a full-time
employee of the municipality or board.
(E) An unincorporated association may appear
and be represented by any bona fide general officer or full-time employee of
the association.
(F) Any party to a
proceeding may appear and be represented by an attorney. No attorney from any
other State shall be entitled to enter his appearance in, prosecute or defend
any action or proceeding pending before the Commission unless he is associated
with a Wyoming attorney.
(iii) Any person appearing in a proceeding
before the Commission shall conform to the recognized standards of ethical
conduct.
(j)
Intervention. Any person interested in obtaining
relief sought by a complaint or otherwise interested in the determination of a
proceeding pending before the Commission, may petition for leave to intervene
in such proceeding prior to or at the time it is called for hearing, but not
thereafter except for good cause shown. The petition shall set forth the
grounds of the proposed intervention, the position and interest of the
petitioner in the proceeding, and, if affirmative relief is sought, the same
should conform to the requirement for a formal complaint. Leave will not be
granted except on allegations reasonably pertinent to the issues already
presented and which do not unduly broaden them.
If leave is granted, the petitioner becomes an intervenor and
a party to the proceeding with the right to have notice of, and appear at the
taking of testimony, to produce and cross-examine witnesses, and to be heard on
the argument of the case.
(k)
General Hearing
Rules.
(i) Every party shall be
afforded the right to appear and testify in person or by counsel or other duly
qualified representative. If testifying in behalf of another person or several
persons, such party shall present to the hearing officer evidence he is a
qualified representative.
(ii)
Every person testifying shall, at the Commission's discretion be qualified
prior to testifying. Qualification will include ascertaining the residency,
occupation, background, education and expertise of the person.
(iii) All parties shall have the right to
respond and present evidence and argument on all issues involved.
(iv) No person shall be required to report,
inspect, or perform any investigative act except as authorized by
law.
(v) All persons required to
submit data or evidence shall be either entitled to retain the data or evidence
or upon payment of a reasonable cost may procure a copy.
(vi) All irrelevant, immaterial, or unduly
repetitious evidence may be excluded. Hearsay evidence may be
admissible.
(vii) Effect to the
rules of privilege shall be given as recognized by law. Documentary evidence
may be received in the form of copies of excerpts, if the original is not
available. All copies are subject to being compared with the
original.
(viii) The Commission may
sit in part or in total for hearings. A hearing officer may be appointed by the
Commission.
(A) At the discretion of the
Commission the Executive Director may sit as hearing officer and preside over
appeals before the Commission.
(B)
The Hearing Officer will accept evidence and forward all testimony given at the
hearing to the Commissioners. The Commission shall render a decision based on
the evidence submitted or schedule a hearing for the licensee to appear before
the Commission.
(C) The Hearing
Officer, with the consent of the Commission shall determine whether good cause
has been shown for a supersede as (stay) of the Stewards' order or ruling. The
Hearing Officer may require, as a condition of granting supersede as, that the
licensee appealing agree to a hearing upon short notice and specifically waive
his right to ten (10) days notice of hearing.
(ix) The presiding officer shall:
(A) Administer oaths and
affirmations.
(B) Issue
subpoenas.
(C) Rule upon offers of
proof and receive relevant evidence.
(D) Take or cause to be taken
depositions.
(E) Preside over the
hearing and regulate its proceedings.
(F) Dispose of procedural requests. The
presiding officer shall be assisted by a representative of the Attorney
General's office, when such assistance is deemed necessary.
(G) The presiding officer shall officially
open and officially close the hearing.
(x) All parties planning to offer testimony
shall register with the hearing clerk. All efforts will be made to accommodate
the request of individuals as to time of appearance.
(xi) All parties desiring to testify shall be
given an opportunity to testify at least once. An opportunity to present
testimony a second time will be allowed only after all interested parties have
first had the opportunity to testify.
(l)
Subpoenas.
(i) Subpoenas, requiring the attendance of
witnesses from any place in the State of Wyoming at any designated place of
hearing, or for the product of books, papers, or other documents, may be issued
by the Commission upon application of any party to the proceedings or upon
motion of the Commission. The chairman or secretary of the Commission, upon
written application of any party or his attorney, 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, all subject to the provisions of the Wyoming
Administrative Procedure Act.
(ii)
Subpoenas for the production of books, papers, or other documents, unless
directed by the Commission upon its own motion will issue only upon application
in writing, and such application shall set forth the books, papers, or other
documents sought, with a showing that they will be of service in the
determination of the proceeding.
(iii) All subpoenas shall be served by
delivering a copy personally, or by certified mail, requiring return receipt,
to the party to be served.
(iv)
Costs of service of subpoenas shall be paid by the parties requesting
service.
(m)
Depositions. The testimony of any witness may be taken
by deposition at the insistence of a party in any proceeding or investigation
at any time after it is at issue, by the consent of the Commission. The
Commission may, of its own motion, order testimony to be taken by deposition in
any proceeding or investigation pending before it, at any stage of the
proceeding or investigation. The deposition shall be taken in the manner
prescribed by the laws of Wyoming for taking depositions in civil actions in
the District Courts of this State.
(n)
Witness Fees.
(i) Witnesses who are summoned before the
Commission are entitled to the same fees as are paid for like service in the
District Courts of the State of Wyoming.
(ii) Witnesses whose depositions are taken
and the officer taking it shall be entitled severally to the same fees as are
paid for like service in the District Courts of the State.
(iii) All such fees shall be paid by the
party at whose insistence the testimony is taken.
(o)
Attorney for the
Commission. In all hearings before the Commission, the chairman
may request the assistance of the Attorney General's office to assist and
advise the Commission.
(p)
Taking of Testimony -- Reporter. In all hearings, the
proceedings, including all testimony, shall be reported verbatim,
stenographically or by any other appropriate means determined by the Commission
or the officer presiding at the hearing.
(q)
Transcripts.
Oral proceedings or any part of the proceedings shall be transcribed on request
of any party upon payment of the cost. In case of an appeal to the District
Court, the party appealing shall secure and file a transcript of the testimony
and other evidence offered at the hearing with the Commission, which transcript
shall be verified by the oath of the reporter or transcribed as a true and
correct transcript of the testimony and other evidence in the hearing. The cost
of making the transcript shall be paid by the party prosecuting the appeal. The
complete record on appeal, including the transcript of testimony, shall be
verified by the secretary.
(r)
Decision, Findings of Fact and Conclusions of Law and
Order. The Commission shall, following the full and complete
hearing, make and enter a written decision and order containing Findings of
Fact and Conclusions of Law. The decision and order shall be filed with the
Commission and will, without further action, become the decision and order as a
result of the hearing. Upon entry and filing, the Commission shall send a copy
by prepaid mail to each of the parties, or their attorneys of record.
(s)
Appeals to District
Court. Appeals to the District Court from decisions of the
Commission are governed by
W.S.
16-3-114 and the Rules of Civil Procedure
promulgated by the Supreme Court of the State of Wyoming.
(t)
Transcript in Case of
Appeal. In case of an appeal to the District Court the party
appealing shall secure and file a transcript of the testimony and all other
evidence offered at the hearing, which transcript must be verified by the oath
of the reporter who took the testimony as a true and correct transcript of the
testimony and other evidence in the case. The compensation of the reporter for
making the transcript of the testimony and all other costs involved in the
appeal shall be borne by the party prosecuting the appeal.
(u)
Complaints.
(i) Informal complaints may be made in
person, by letter or other writing. Matters thus presented will be, if their
nature so warrants, taken up by correspondence or otherwise with the party
complained against in an endeavor to bring about satisfaction of the complaint
without formal hearing.
(ii) In the
event of failure to bring about satisfaction of the complaint in this manner,
the complaining party may file a formal complaint, whereupon the informal
proceeding will be discontinued.
(iii) No form of informal complaint is
prescribed but in substance, it must contain a clear and concise statement of
all the facts involved, the name and address of the complaining party, the name
of the party against which complaint is made, and a request for the relief
sought.
(v)
Pre-Hearing Conference. At a time on or before the day
of the hearing, the Commission may direct the parties to appear before the
Commission to consider:
(i) The
simplification of the issues.
(ii)
The necessity or desirability of amending the pleading.
(iii) The possibility of obtaining admissions
of fact and of documents which will avoid unnecessary proof.
(iv) Such other matters as may aid in the
disposition of the case.
Pre-hearing conferences shall be conducted informally. A
memorandum will be prepared which recites the actions taken at the conference,
amendments allowed, agreements of the parties and limitation of the issues to
those not resolved of by admissions or agreements of counsel and the parties.
The pre-hearing memorandum will control the course of the hearing unless
modified by the Commission to prevent manifest injustice.
(w)
Acknowledgments. All formal complaints, answers, and
applications filed with the Commission must be duly verified or acknowledged
before a notary public or other officer empowered to take
acknowledgments.
(x)
Amendments. The Commission may, in its discretion,
allow any pleading to be amended or corrected or any omission to be
supplied.
(y)
Continuance and Extension of Time. For good cause
shown, continuances and extensions of time will be granted or denied in the
discretion of the Commission.
(z)
Computation of Time. When the time prescribed by these
rules or by any order of the Commission for doing any act expires on a Sunday
or legal holiday the time shall extend to and include the next succeeding
business day.
(aa)
Settlements. Unless precluded by law, informal
disposition may be made of any hearing by stipulation, agreed settlement,
consent, order or default.
(bb)
Deviation from Rules. The Commission may permit
deviations from these rules as it may find compliance to be impossible or
impractical.
(cc)
Prescribed Forms. The following forms are prescribed
by the Commission and should be used in all cases to which they are applicable:
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