014-2 Wyo. Code R. §§ 2-7 - Denial of Registration, Services, or Benefits
(a)
Upon receiving of a registration form or claim for benefits, the
Executive Director or staff shall review the form and information or
claim submitted. If the applicant clearly qualifies, the applicant
shall be registered or benefits shall be dispersed. If there are
questions regarding eligibility or claims, the Executive Director
shall forward the application or claim to the Review Committee (RC).
The RC shall consist of the Executive Director and two (2) members of
the board designated by the board chairman.
(i) The RC shall review the
application or claim and all other information available and
following the review may:
(A)
Approve the application or claim; or
(B) If there are questions as to
whether denial is appropriate, forward the application and a RC
report to the Assistant Attorney General assigned to the Board for
prosecution to review.
(ii) If, after review, the RC and
Assistant Attorney General recommends denial of an application or
claim:
(A) A preliminary denial
letter shall be sent to applicant or claimant by registered mail,
return receipt requested. The letter shall state the basis for the
denial, including applicable rules.
(B) If preliminarily denied, the
applicant or claimant shall submit a written request for a hearing
within 15 days of the date of the denial letter or the denial is
final.
(b) A denial hearing is a formal
contested case hearing conducted pursuant to the Wyoming
Administrative Procedure Act.
(c) The applicant has the burden of
proving that the applicant is eligible for registration. The claimant
has the burden of proving the claim should be paid.
(d) The hearing will be conducted
by the Office of Administrative Hearings in accordance with its
Uniform Rules for Contested Case Practice and Procedure. The hearing
officer shall submit proposed findings of fact, conclusions of law
and order to the Board within thirty (30) days of the hearing's
conclusion. The miner and review committee may submit exceptions to
the proposed order within ten (10) days after service. By
incorporating the Office of Administrative Hearings' Uniform Rules,
the Board makes the following findings;
(i) Incorporating the full text of
the Uniform Rules would be cumbersome and inefficient given the
length and nature of the rules;
(ii) The incorporation is limited
to the Uniform Rules adopted by the Office of Administrative Hearings
and effective on October 17, 2014, and shall not include any
subsequent editions or amendments to the Uniform Rules.
(iii) Copies of the Uniform Rules
are available to the public at the Board's office.
(iv) An electronic copy of the
Uniform Rules is available to the public at the following web
address: http://mhb.state.wy.us
(e) Proposed orders will
be given consideration, but are not binding upon the Board. All final
decisions will be issued by the Board and shall be based exclusively
upon the evidence in the record and matters officially noticed. The
Review Committee shall not participate in the Board's final decision.
(i) A Petition for Judicial Review
of the Board decision may be filed in the district court in
accordance with the Wyoming Rules of Appellate Procedure.
(ii) If a Petition for Judicial
Review is filed in the district court, the petitioner shall either
arrange the preparation and pay for the transcript of the testimony,
or reimburse the Board for the cost of the transcript if previously
prepared at Board expense.
Notes
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