Administrative Regulation 1.7.3:  Rules of Practice of Contested Cases

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Section 1. Authority. These rules of practice are adopted as authorized by the Wyoming Administrative Procedures Act, Wyo. Stat. §16-3-101 et seq. (1977 as amended).

Section 2. Definitions. As used in these rules:

  1. “Board means the Board of Trustees of Eastern Wyoming College.
  2. “Chairman” means the Chairman of the Board or in his or her absence the Vice Chairman or other member of the Board designated by the Board to preside at a hearing.
  3. “President” means the chief administrative officer of the College.
  4. “Secretary” means the Secretary of the Board.
  5. “Hearing Officer” means an independent person, not a present nor past member of the Board nor present nor past employee of the College, who is hired by the board to conduct a hearing.
  6. “Contestant” means any instructor, administrator, student, or other person whose legal rights, duties or privileges are required to be determined by the Board.

RULES OF PRACTICE GOVERNING HEARINGS

Section 3. Notice of Hearing. The Board shall cause written notice of any hearing held under these rules to be served upon each contestant or his attorney at least ten (10) days prior to the date set for the hearing. Such notice shall include a statement of:

The time, place and nature of the hearing.

The legal authority and jurisdiction under which the hearing is to be held.

Section 4. Section of Notice. Service shall be made pursuant to Rule 4, or Rule 5(b) of the Wyoming Rules of Civil Procedure.

Section 5. Independent Hearing Officer. Upon request of the contestant or upon its own motion, the Board may appoint an independent hearing officer. The independent hearing officer will serve as an adviser to the finder of fact. The hearing officer serve as officer of proof and make evidential rulings, attend motion hearing, prehearing conferences, regulate the course of the hearing, conduct any voir dire examination, and make recommended findings of fact and conclusion of law.

Section 6. Voir Dire. The contestant will be allowed to voir dire the Finder of Fact.

Section 7. Motions. The Board, or Independent Hearing Officer may at any time after three (3) days’ notice to all parties hear orally, or otherwise, any motion filed in connection with hearings under these rules.

Section 8. Docket. When a contestant is entitled to a contested hearing under these rules, there shall be established a file for each such contested case in which shall be systematically placed all papers, pleadings, documents, transcripts, and evidence pertaining thereto, and all such items shall have noted thereon a docket number assigned and the date of filing.

Section 9. Form of Pleadings. The form of pleading or other papers filed in each docketed case shall be substantially as follows:

BEFORE THE BOARD OF TRUSTEES

OF EASTERN WYOMING COMMUNITY COLLEGE DISTRICT

 

IN THE MATTER OF

                                                                                        Docket No.                                                                         Contestant

 

(Body of Pleading or Motion)

 

Signature                                                                                        Name and Title (Typed or printed)

 

Attorney Signature                                                                                                      Address

Section 10. All hearing procedures will be controlled by these Rules, the Wyoming Administrative Procedure Act, Wyo. Stat. § 16-3-101 et seq. (1977 as amended) and the Wyoming Rules of Civil Procedure.

Section 11. Pre-Hearing Conference. At a time on or before the day of the hearing, the Board or Independent Hearing Officer may direct the attorneys for the parties to appear to consider:

  1. The simplification of the issues.
  2. The necessity or desirability of amending the pleading.
  3. The possibility of obtaining admission of fact and documents which will avoid unnecessary proof.
  4. Such other matters as may aid in the disposition of the case. Such conferences shall be conducted informally. A memorandum will be prepared which recites the actions taken at the conference, amendments allowed, and agreements of the parties and limitations of the issues to those undisposed of by admissions or agreements of counsel and the parties. The prehearing memorandum will control the course of the hearing unless modified by the Board to prevent manifest injustice.

Section 12. Order of Procedure at Hearing. As nearly as may be, hearings shall be conducted in accordance with the following order of procedure:

  1. The person conducting the hearing shall announce that the agency is open to transact business and call by docket number and title the case to be heard.
  2. The parties will be allowed an opening statement to briefly explain their positions and outline the evidence they propose to offer.
  3. The College’s evidence will be The College’s witnesses may be cross-examined by the contestant or his attorney, by members of the Finder of Fact and its legal counsel, if any.
  4. The evidence of the contestant will be The contestant’s witnesses may be cross-examined by the college or its attorneys, by members of the Finder of Fact and its legal counsel, if any.
  5. Rebuttal evidence may be offered.
  6. All parties may offer closing statements.
  7. After all parties have been offered an opportunity to be heard, the chairman or hearing officer shall declare the evidence closed and excuse all The evidence of the case may be re- opened at a later date for good cause shown.
  8. Parties may tender briefs and proposed findings of fact and conclusions of law, or the fact finder may call for such briefs and findings of fact and conclusions of law.
  9. The chairman may declare that the matter is taken under advisement and that the decision and order of the Board will be announced at a later date.

Section 13. Witnesses at Hearings to be Sworn. All persons testifying at any hearing shall stand and be administered the following oath or affirmation by a member of the Board:

“Do you swear (or affirm) to tell the truth, the whole truth, and nothing but the truth in the matter now before the Board, so help you, God?”

Section 14. Attorneys. The filing of a pleading or other appearance by an attorney constitutes his appearance for the party for whom made.

Section 15. Taking of Testimony – Reporter. In all hearings, the proceedings, including all testimony, shall be reported verbatim, stenographical or by any other appropriate means determined by the officer presiding at the hearing.

Section 16. Decisions, Findings of Fact, Conclusions of Law, Orders. Following a full and complete hearing the Board, shall file a written decision and order containing findings of fact, and conclusions of law based upon the evidence, both testimonial and documentary, introduced and admitted during the course of the hearing. In addition, all matters which have been officially noticed may be taken into consideration as a basis for making findings of fact, conclusions of law and order based upon the hearing.

Section 17. Members of Board Present. No person shall vote upon a decision unless he shall have been present at the hearing.

Section 18. Appeals to District Court. Appeals to the District Court from decisions of the Board may be taken in the manner prescribed by the Wyoming Administrative Procedures Act.

 

Original Adoption Date: 10/12/93

Revision Date(s): 11/8/05(RF)

Date(s) reviewed, no change: