040-28 Wyo. Code R. § 28-8
(a) If the claimant wishes to appeal the Commission's decision regarding a verified claim, the claimant shall file a written call for arbitration with the Office of the Department within ninety (90) consecutive days from the date the claimant received notice of the Commission's decision.
(b) If the claimant calls for arbitration, the claimant and the Office of the Department shall each appoint a disinterested arbitrator within fifteen (15) consecutive days from the date the Office of the Department received the written call for arbitration.
(c) When the claimant and the Office of the Department appoint arbitrators, written notification of the name, mailing address, and telephone number of arbitrators shall be made by each party to the other within fifteen (15) consecutive days from the date the Office of the Department received the written call for arbitration.
(d) Within twenty (20) consecutive days after their appointment, the two (2) arbitrators shall appoint a third arbitrator. The two (2) arbitrators selected shall notify both the claimant and the Office of the Department in writing of the name, mailing address, and telephone number of the third arbitrator selected. If the third arbitrator is not appointed within this time period, the judge of the district court of the county or the court commissioner in the absence of the judge shall appoint the third arbitrator upon the application of either arbitrator.
(e) The three (3) arbitrators shall appoint a chairman who shall chair the Board and serve as secretary to carry out the correspondence of the Board.
(f) At least twenty (20) consecutive days before the hearing, the Board shall provide the claimant and the Office of the Department written notice of the time and place in the county when and where the testimony of the claimant and the Department shall be heard and the claim investigated and decided by the Board.
(g) Arbitration hearings shall be conducted as contested cases by the Office of Administrative Hearings. The Department shall transmit to the Office of Administrative Hearings a referral transmittal sheet and copies of the appropriate agency documents reflecting the disputed claim and the basis thereof. Upon referral from the Department, the Office of Administrative Hearings shall have the authority, pursuant to W.S. § 9-2-2202, to conduct the arbitration hearing in an impartial manner pursuant to the Wyoming Administrative Procedure Act, applicable provisions of the Wyoming Rules of Civil Procedure, and Chapters 1 and 2 of the Uniform Contested Case Rules adopted by the Office of Administrative Hearings effective October 17, 2014 and found at http://rules.wyo.gov hereby incorporated by reference but not including any later amendments or editions, to the extent those statutes and rules do not conflict with W.S. § 23-1-901 or the Uniform Arbitration Act.
(h) Following the arbitration hearing, the Board shall within ten (10) days provide a written copy of its decision to the Office of the Department and the claimant.
(i) Unless otherwise specified in this section, the Uniform Arbitration Act, W.S. § 1-36-101 et seq. shall apply to the hearing.
(j) The decision of the Board shall become part of the Office of the Department's file and shall be made part of the record in the event of an appeal of the Board's decision and any appeal to district court shall be conducted in conformity with the Uniform Arbitration Act, W.S. § 1-36-114(a) or W.S. § 1-36-115.
040-28 Wyo. Code R. § 28-8
Amended, Eff. 8/24/2017.
Amended, Eff. 10/22/2018.