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 1-6 - Notice of Hearing
Universal Citation: WY Code of Rules 1-6
Current through September 21, 2024
a . In any contested case, the Director shall afford reasonable notice of the hearing to all parties.
(1) Reasonable notice, as used
in this section, shall be not less than 20 days prior to the hearing date. The
time period specified herein may be waived by the Contestant upon written or
oral notification to the Director. Where notification of waiver is made orally
it shall be reduced to writing by the Director and entered in the Contestant's
record.
(2) Notice shall be served
personally or by certified mail to the last known address of the
party.
(3) Where the necessary and
indispensable parties are composed of a large class, notice shall be:
(a) Served upon a reasonable number of
representatives of the class; or
(b) Published in newspapers of the State in
reasonable numbers and times, and at a minimum in the county in which the
Contestant resides, and in at least one newspaper with statewide circulation.
In any county in which more than one newspaper is published notice shall be
published in the official paper of the county designated pursuant to
W.S.
18-3-517.
b. A notice of hearing shall contain, at least, the time, place, and nature of the hearing; the legal authority and jurisdiction under which the hearing is being held; the particular sections of the statutes or rules involved; a short and plain statement of the matters asserted; the docket number assigned to the case; and the right to be represented by an attorney.
(1) If the
Respondent is unable to state the matters in detail at the time notice is
served, the initial notice may be limited to a statement of the issues
involved, and thereafter, upon request of any party, a more definite and
detailed statement shall be furnished within ten (10) days of receipt of that
request by the party.
(2) Upon
request by the party served, the Director or his designee shall, upon a showing
of good cause, allow the party an alternative time and place for the hearing,
provided such request is made within ten (10) days of receipt of the notice of
hearing. When such a request is granted, the Director or his Assignee shall
reissue the notice in accordance with these rules except that reasonable notice
as used in this subsection shall be five (5) days prior to the hearing date.
(a) Only one request for rescheduling of a
hearing shall be honored unless, in the Directors judgment, additional changes
must be allowed to avoid manifest injustice. Notice shall be issued as provided
by Section
6.
b.(2) above.
(b) A hearing shall be
held within (90) ninety days of the agency action which gives rise to the
complaint, unless otherwise provided-by law.
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