(a) Upon a violation of W.S. 39-15-101 through W.S. W.S. W.S. 39-16-211 or the Department's rules, the Department may initiate a hearing to require the vendor to show cause why his or her license should not be revoked.
(b) In an Order to Show Cause, the Department shall notify the vendor of the: - (i) The time, place and nature of the hearing;
- (ii) The legal authority and jurisdiction under which the hearing is to be held;
- (iii) The particular sections of the statutes and rules involved; and
- (iv) A short and plain statement of the violations alleged.
(c) No answer is required, and at the hearing, the vendor may appear and show why his license should not be suspended or revoked.
(d) Time and Place of Hearing. The hearing may be held no less than thirty (30) days after service of the Order to Show Cause upon the licensee, so that he may have adequate time for preparation. Upon motion and for good cause, the hearing may be postponed by the Department until a later date.
(e) Hearings shall be conducted in Cheyenne, Wyoming, unless upon motion and for good cause shown the Department determines another location is preferable.
(f) Service. The Order to Show Cause shall be served personally or by mail, return receipt requested, addressed to the place of business of the vendor, or to the vendor's most recent address on record with the Department of a vendor.
(g) Hearing Officer. The Director of the Department, his designee, or a hearing officer assigned by the Office of Administrative Hearings shall conduct the hearing. - (i) The vendor may move to disqualify a hearing officer by filing written motion and supporting affidavits of personal bias with the Department. After careful consideration of the evidence presented, the Director of the Department, his designee, or hearing officer assigned by the Office of Administrative Hearings shall rule upon the motion.
- (ii) The hearing officer may withdraw whenever he deems himself disqualified because of personal bias or other substantial reason.
(h) Inspection of File. Each party, or his authorized representative, shall be permitted to inspect and copy, at his own expense at the offices of the Department, all documents filed in the license suspension or revocation proceedings, and all documents regarding the subject of the hearing contained in the Department's files permitted by law to be inspected and copied.
(i) Order of Procedure at Hearing. Hearings shall be conducted substantially as follows: - (i) The hearing officer shall announce that the hearing is called to order and announce the matter to be heard, briefly summarizing the case and the issues.
- (ii) The hearing officer shall take up any preliminary motions or matters to be discussed.
- (iii) The Department may present a brief opening statement of the charges, explain the theory of the case and what the evidence will show.
- (iv) The vendor may present his opening statement in the same manner.
- (v) The Department shall then present the evidence of the Department, subject to cross examination by the vendor and the hearing officer.
- (vi) The vendor shall present his evidence, subject to cross examination by the Department and the hearing officer. The Department may follow with rebuttal evidence.
- (vii) Closing statements may be made at the conclusion of the evidence by both parties. These statements may include summaries of the evidence and legal arguments. The Department shall precede the vendor and may also briefly rebut vendor's closing statement.
- (viii) The hearing officer may ask for proposed findings of fact and conclusions of law from both parties, to be submitted within a reasonable time.
- (ix) After all proceedings have been concluded, the hearing officer shall dismiss and excuse all witnesses not already excused and declare the hearing closed.
(j) Decision of Department. - (i) Within twenty (20) days after completion, the hearing officer shall prepare proposed findings of fact and conclusions of law for submittal, along with the entire record, and the proposed findings of fact and conclusions of law from both parties, if any, to the Director of the Department.
- (ii) After receipt of the record, the Director of the Department shall, within twenty (20) days, enter a decision and final order containing findings of fact and conclusions of law, signed by the Director or other administrator of the Department.
- (iii) The vendor shall be promptly notified by mail of the final order.
011-2 Wyo. Code R. § 2-14