051-7 Wyo. Code R. §§ 7-5 - Informal Hearing Process
(a) If the
Complainant requests an informal hearing, the informal hearing shall be held
before two (2) Board members who shall be selected by the Chairman of the Board
or his designee.
(b) The informal
hearing is an opportunity for the parties to discuss the appeal, present their
arguments and reach a negotiated settlement with the assistance of the two (2)
selected Board members.
(c) The
informal hearing shall be held within forty five (45) days after the
Complainant's request, however, the two (2) Board members shall have the
discretion to extend this time period.
(d) The informal hearing may be conducted by
phone or in person.
(e) Wyoming
Rule of Evidence 408 will be applied to the informal hearing process.
(f) During the informal hearing, the
Complainant may be represented by his attorney and the Wyoming State
Veterinarian, Director or their designee may be represented by an Assistant
Attorney General.
(g) If the
parties are unable to reach a negotiated settlement within sixty ( 60) days
after the Complainant's request for an informal hearing, the appeal shall
proceed to a formal contested case hearing as outlined in Section
6 of these
rules. The two (2) selected Board members shall have the discretion to extend
this time period.
(h) The Board
members who participate in the informal hearing shall not sit on the Board
during the formal contested case hearing nor participate in the Board's final
decision and order. The two selected Board members who participated in the
informal hearing may not discuss the appeal with the remaining Board members
until a final decision and order is issued following the formal contested case
hearing.
(i) There is no
requirement that the Complainant participate in an informal hearing prior to
requesting or participating in a formal contested case hearing.
Notes
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