206-3 Wyo. Code R. §§ 3-2 - Contested Case Hearings
(a) Contested cases
shall be conducted pursuant to the Office of Administrative Hearings rules,
Chapter 2, Contested Case Proceedings ("Uniform Rules"), which
are incorporated into this chapter by reference. In doing so, the
Superintendent and Board find as follows:
(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
July 20, 2017, and shall not include any later editions of or amendments to the
Uniform Rules;
(iii) Copies of the
Uniform Rules are available to the public at the Wyoming Department of
Education offices at 122 West 25th Street, E200,
Cheyenne, Wyoming 82002.
(iv) An
electronic copy of the Uniform Rules is available at the following web address:
https://docs.google.com/a/wyo.gov/viewer?a=v&pid=sites&srcid=d3lvLmdvdnxvYWh8Z3g6MzYzM2VmNTk3Y2NlZmI3Mg.
(b) Where a contested case hearing is
required by law, an aggrieved person may file a request according to the
Uniform Rules §
5(a) with the
Superintendent or the Board, as applicable, within thirty (30) days of the date
of the administrative decision at issue or the date of mailing of the
administrative decision as evidenced by a postmark, whichever is
later.
(c) The request for a
hearing shall be served on the Superintendent or Board and other necessary
parties. Service shall be made to the Wyoming Department of Education, 122 West
25th Street, E200, Cheyenne, Wyoming 82002. Service
may be made in person or by mail.
(d) A request for a contested case hearing
shall include the following:
(i) The name,
telephone number, and mailing address of the person requesting a hearing and
the same information for the representing attorney;
(ii) A statement in ordinary and concise
language of the facts and of the errors alleged to have been committed and
issues that the petition is based on, including particular reference to
statutory sections, contract provisions or rules, regulations, and orders
involved;
(iii) A copy of the
decision or relevant material that relates to the decision at issue;
(iv) The specific relief sought;
and
(v) The signature of the
petitioner and the representing attorney.
(e) The notice of hearing required under the
Uniform Rules §
5(b) shall be served on
each party at least thirty (30) days before the hearing date unless an
expedited hearing is otherwise required by law. In that event, parties shall be
served the notice of hearing as soon as practicable.
(f) The Superintendent or Board, as
applicable, may appoint a hearing officer to conduct the contested case and may
request that the hearing officer issue a recommended decision.
(g) If a recommended decision is requested,
the recommended decision and proposed order shall be submitted to the
Superintendent or Board, as applicable, no later than thirty (30) days after
the end of the contested case hearing.
(h) The Superintendent or Board, as
applicable, shall make and enter a written decision and order containing
findings of fact and conclusions of law.
(i) The written decision issued by the
Superintendent or Board shall be the final agency action and be subject to
judicial review under W.S. §
16-3-114.
Notes
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