037-8 Wyo. Code R. § 8-16

Current through April 27, 2019
Section 8-16 - Order of Procedure at Hearing

As nearly as may be practicable, hearings shall be conducted in accordance with the following order of procedure:

a. The Hearing Officer shall announce that the hearing is called to order to transact business and call by Docket Number and Title the case to be heard.

b. The Hearing Officer will briefly review the case and any evidence previously presented.

c. The Contestant will be allowed an opening statement to briefly explain his position and outline the evidence he proposes to offer, together with its purpose.

d. The Contestee will be allowed an opening statement, in the same manner as allowed Contestant.

e. The Contestant's evidence will be heard. Witnesses may be cross-examined by the Contestee. The Hearing Officer, or his advisors, may examine witnesses. Contestant's offered exhibits will be marked by letters of the alphabet, beginning with "A".

f The Contestee's evidence will be heard in the same manner as allowed Contestant. Contestee's exhibits will be marked with numbers, beginning with "1".

g. The Hearing Officer, with the assistance of the Attorney General or member of his staff, will introduce any evidence required on behalf of the Board or Superintendent.

h. The Contestant may offer rebuttal evidence.

i. The Board, Superintendent or State Engineer, may in their discretion, allow evidence to be offered out of the order as herein prescribed. A witness will be permanently excused when all his testimony has been concluded and no good reason exists for his remaining in attendance.

j. Closing statements will be made in the following sequence:

  • (1) Contestant.
  • (2) Contestee.
  • (3) Contestant in rebuttal.

k. The Hearing Officer may recess the hearing as required.

l. Parties may tender briefs, or the Hearing Officer may call for such briefs as may be desirable.

m. After all interested parties have been offered an opportunity to be heard, the Hearing Officer shall excuse all witnesses not previously excused and declare the evidence closed. The evidence of the case may be reopened at a later date and before a final Order has been made, for good cause shown, by Order of the State Board of Control, upon motion of any party to the proceeding, the Superintendent, the State Engineer, or the Board.

n. The Hearing Officer will declare that the case is being taken under advisement and that findings and an Order will be announced. He will make such announcement as may be appropriate with respect to further disposition of the case.

037-8 Wyo. Code R. § 8-16