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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