Statutes, codes, and regulations
Wyoming Administrative Code
Agency 027 - School FacilitiesSubagency 0001 - General Agency, Board or Commission Rules
Chapter 2 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASE PROCEEDINGS
Section 2-3 - Informal Review Proceedings

027-2 Wyo. Code R. § 2-3

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Current through April 27, 2019
Section 2-3 - Informal Review Proceedings

(a) Districts may request an informal review before the Department or the Commission before pursuing a contested case review. The time period for filing a formal request shall be tolled for the period of time from the date of that request until the conclusion of the informal review.

(b) A district requesting an informal review shall do so, in writing, to the Director of the Department. The request shall contain:

  • (i) The decision of the Commission or the Department the district would like reviewed;
  • (ii) A brief explanation of why the decision should be reviewed;
  • (iii) Any additional facts the district would like to be considered; and
  • (iv) The legal authority upon which it is believed a decision was made in error.

(c) A decision or action of the Department shall be reviewed in the first instance by the Director. If the district is unsatisfied by the Director's review, it may ask that the decision be reviewed by the Commission.

(d) Informal reviews before the Department shall be held either at the Department's Cheyenne office, or, if agreeable to the district, via video or teleconference. The review shall be scheduled at the earliest convenience of the district and the Department, but in no event later than thirty (30) days after the request is made unless otherwise agreed to by both parties in writing.

(e) Informal reviews before the Department shall proceed as follows:

  • (i) Department staff will present the information and basis for its decision or action;
  • (ii) The district will present any additional facts and authority upon which it believes the Department acted in error; and
  • (iii) The Director shall issue his decision as soon thereafter as reasonably practicable. The Director shall confirm his decision in writing and outline the basis for that decision.

(f) If, following the Department's review, the district is still unsatisfied with the actions of the Department it may request an informal review before the Commission.

(g) Informal reviews before the Commission shall be limited to the information presented during the Department's review.

(h) Informal reviews before the Commission shall be scheduled by the Commission.

  • (i) If possible, the review shall be scheduled for the next regularly scheduled Commission meeting.
  • (ii) If the next regularly scheduled Commission meeting is not available, or, if the district and the Commission agree the next regularly scheduled meeting of the Commission is not practical, the Commission may call an emergency meeting to address the informal review.
  • (iii) The time allotted to the district's presentation will not exceed one (1) hour, unless otherwise agreed to by the district and Commission.

(i) The Commission shall issue its decision as soon thereafter as reasonably practicable. The Chair shall follow up the decision in writing and outline the basis for that decision.

027-2 Wyo. Code R. § 2-3

Amended, Eff. 11/19/2018.