048-9 Wyo. Code R. §§ 9-18 - Decisions
(a) The Hearing Officer shall make proposed
findings of fact and conclusions of law within twenty (20) working days of the
close of the hearings (the time permitted for parties or other interested
persons to submit briefs shall be included within twenty {20} working days) and
forward them to the Department for final determination. This time may be
extended but not by more than ten (10) working days, unless the parties
stipulate in writing or on the record at the hearing, to a later date.
(i) Within ten (10) working days of the close
of the hearing, or at such later time as the Hearing Officer may allow, each
party shall be allowed to file with the Hearing Officer any proposed findings
of fact and conclusions of law, together with a supporting brief. Such
proposals and briefs shall be served on all other parties.
(ii) Within ten (10) working days after the
issuance of the Hearing Officer's proposed findings of fact and conclusions of
law, any of the parties may submit exceptions. Such exceptions shall be filed
with the Department and served on all other parties.
(b) Within ten (10) working days after the
period for submitting exceptions pursuant to (a)(ii), the Department shall make
and enter into the record the final decision. The final decision shall be
served on all parties to the proceedings. The final decision shall include:
(i) A statement of the findings of fact and
conclusions of law; and
(ii) The
appropriate rule, order, relief or denial thereof. The Decision shall be based
upon the contested case record or any portion stipulated to by the parties. The
decision shall include facts officially noticed and relief upon as provided by
W.S.
16-3-108(d). It shall be
made on the basis of a preponderance of evidence contained in the
record.
(c) Final
decision of the Department shall be in accordance with W.S. W.S.
W.S.
16-3-114 and Rule 12 of the Wyoming Rules of
Appellate Procedure, except as otherwise agreed by the parties.
Notes
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