Statutes, codes, and regulations
Wyoming Administrative Code
Agency 045 - Transportation, Dept. ofSubagency 0005 - Motor Vehicles & Licensing
Chapter 1 - Driver's Licenses and Motor Vehicle Safety
Section 1-19 - Requests for Contested Case Hearings or Record Reviews

045-1 Wyo. Code R. § 1-19

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Current through April 27, 2019
Section 1-19 - Requests for Contested Case Hearings or Record Reviews

(a) Every request for a contested case hearing or record review arising from any driver's license-related action shall be made in writing and addressed to the Wyoming Department of Transportation, 5300 Bishop Boulevard, Cheyenne, Wyoming 82009-3340. Upon the Department giving notice of intent to suspend, revoke, cancel, disqualify, or deny a request for a contested case hearing or record review shall be considered timely if received or postmarked within 20 days of the date the Department gave the person notice of the Department's intended action and shall be accompanied by the required fee.

(b) "Computation of Time." The Department shall allow 5 days from the date the notice of intent was mailed to the person's last known address on file with the Department. The Department considers the order as received 5 days after mailing it. The 20-day period to request a contested case hearing or record review therefore shall begin on the sixth day after the Department gives notice of its intent, and the period shall conclude at midnight on the twentieth day thereafter-unless that day is a Saturday, Sunday, or legal holiday. In such cases, the period runs until midnight on the following business day.

(c) "Late Request." Except as provided in this Subsection (c), no contested case hearing shall be granted unless the request is made in a timely manner.

  • (i) Upon receiving a late request for a contested case hearing, the Department may grant a late contested case hearing if satisfactory written evidence and documentation is submitted showing that the lateness was not caused by the petitioner but instead by some external factor beyond his or her control.
  • (ii) Upon receiving a late request for a record review, the Department may grant a probationary driver's license for limited driving privileges if the person holds a permanent driver's license that is not expired, if he or she is otherwise entitled to limited driving privileges, and if the Department receives satisfactory written evidence indicating that failure to grant the limited driving privileges would cause an undue hardship.
  • (iii) Upon denial of a late request for a contested case, the Department shall refund the required fee.

(d) "Stay of Action." When a contested case hearing or timely record review is granted, the proposed action shall be stayed. The stay shall be effective the day the Department grants a contested case hearing or record review. Stays shall not be granted retroactively. Stays shall continue as follows:

  • (i) For a contested case, until a contested case hearing is conducted before the Office of Administrative Hearings and a final order has been entered; or
  • (ii) For a timely record review, the suspension dates are stayed for up to 30 days from the date the record review is granted or a probationary driver's license for limited driving privileges is issued, as long as the individual still holds a permanent driver's license that is not expired or has otherwise been withdrawn.

045-1 Wyo. Code R. § 1-19

Amended, Eff. 12/5/2016.