Wyoming Administrative Code
Agency 270 - Administrative Hearings, Office of
Sub-Agency 0001 - General Agency, Board or Commission Rules
Chapter 3 - EVIDENTIARY HEARING AND DECISION
Section 3-1 - Evidence

(a) Generally, the taking of evidence at the evidentiary contested case hearing shall be governed by Wyo. Stat. Ann. § 16-3-108 and case law thereunder.

(b) Evidence may be received in written form, yet if such written evidence would not be admissible under the Wyoming Rules of Evidence, all parties should be afforded a reasonable opportunity to confront and cross-examine the author of the written evidence. Generally, such a reasonable opportunity is afforded by giving all parties written notice of the intent to introduce and rely upon the written evidence a reasonable period of time prior to the scheduled evidentiary hearing.

(c) Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

(d) Effect shall be given to the rules of privilege as recognized by Wyoming law.

(e) Administrative notice may be taken of judicially cognizable facts, provided the parties are properly notified of any material facts noticed.

(f) Unless otherwise provided by law, the party generally with the burden of proof will be the first to present evidence, all other parties being allowed to cross-examine in an orderly fashion. When that party rests, other parties will then be allowed to present their evidence, again allowing for orderly cross-examination. Rebuttal and surrebuttal evidence will be allowed only in the discretion of the presiding officer.