Current through September 21, 2024
(a) The Department
shall appoint a Hearing Officer to preside over each contested case hearings on
a case-by-case basis, or for schedules period of time, as she sees
fit.
(b) The Hearing Officer shall
be an individual or individuals determined by the Department to be qualified to
serve in such a capacity, who has not taken part in the investigation,
preparation, or earlier disposition of the case to be heard.
(i) The Hearing Officer shall withdraw
himself from consideration of a case at any time he deems himself disqualified.
Withdrawal shall be made in writing to the Department.
(ii) Any party may request in writing that
the Department remove and replace the Hearing Officer in a contested case. This
request must be accompanied by a statement and affidavits, setting forth the
alleged grounds for disqualification. The Department may deny a party's request
for removal and shall issue a written statement explaining grounds for his
denial which shall be made part of the record. If the request is granted, the
Department shall appoint a new Hearing Officer as soon as is
practicable.
(iii) The Contestant
may object to the appointment of the Hearing Officer in the record at the
hearing. The objection shall set forth the alleged grounds for
disqualification.
(c)
The Hearing Officer shall have all powers necessary to conduct a fair and
impartial hearing, including but not limited to the following authority:
(i) To administer oaths and
affirmations;
(ii) To subpoena
witnesses and require the production of any books, papers or other documents
relevant or material to the inquiry;
(iii) To rule upon offers of proof and
relevant evidence;
(iv) To provide
for discovery and determine its scope;
(v) To regulate the course of the
hearing;
(vi) To schedule
conferences for the settlement and to hold conferences for simplifications of
the issues;
(vii) To dispose of
procedural requests or similar matters; and
(viii) To take any other action authorized by
the Department's rules.
(d) Failure or refusal to appear or obey
orders of the Hearing Officer may result in the sanctions provided in
W.S.
16-3-107(c) and
(f).
