Wyoming Administrative Code
Agency 048 - Health, Department of
Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings
Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS
Section 1-14 - Order of Procedure

Universal Citation: WY Code of Rules 1-14

Current through September 21, 2024

a . As nearly as practicable, the following order of procedure shall be followed:

(1) The hearing officer shall announce the hearing is open and call by docket number and title the case to be heard. The hearing officer shall ask if parties are ready to proceed and will allow parties an opportunity to dispose of any preliminary matters.

(2) The hearing officer shall administer the oath to all witnesses who will present testimony.

(3) The hearing officer may, in his discretion, allow evidence to be heard in an order other than that prescribed here and shift the burden of proof accordingly.

(4) Opening statements will be made, Contestant first, then Respondent.

(5) Evidence will be heard, Contestant first, then Respondent. Contestant may then offer rebuttal evidence. Parties may each exercise the right to cross-examine.

(6) No testimony shall be received by the Hearing Officer unless given under oath/ affirmation administered by the Hearing Officer.

(7) Closing statements will be made, Contestant first, then Respondent, then the Contestant in rebuttal.

(8) The hearing officer may limit. the time for opening and closing statements.

(9) The hearing officer may recess-the proceedings as appropriate.

(10) After all parties have had an opportunity to be heard, the hearing officer shall excuse all witnesses and close the evidence.
(a) Evidence may be reopened only upon a motion by a party to the proceeding on a showing of good cause.

b. Upon their own motion, all parties or other interested persons may submit legal briefs after the close of the hearing. The hearing officer shall allow a reasonable time, not less than ten (10) working days from the date of hearing, for preparation of the briefs. The time may be extended upon agreement between the parties with the approval of the hearing officer.

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