048-4 Wyo. Code R. § 4-24

Current through April 27, 2019

Section 4-24 - Transcripts and Record

(a) When a contested case is set for hearing, the Department shall assign a docket number to the case and enter the case with its number and date of filing on a docket. The Department shall maintain a separate file for each docketed case in which all pleadings, transcriptions, correspondence, papers, and exhibits for that case shall be maintained. All such items shall have noted thereon the assigned docket number and the date of filing.

(b) The Department shall record all contested case hearing proceedings electronically, through the use of a qualified court reporter, or any other appropriate means determined by the agency or the hearing officer. Transcriptions of oral proceedings or written transcripts of a witness's testimony may be obtained by contestant from the Department upon payment of the cost.

(i) In a nonpublic investigatory proceeding, requests for copies or transcripts may be limited to testimony of the requesting party.

(ii) Where contestant can demonstrate that he or she is indigent and cannot effectively perfect his or her appeal without such transcription, the Department may waive the payment of the fee.

(c) The record of the hearing shall contain:

(i) All formal or informal notices, pleadings, motions and intermediate rulings;

(ii) Evidence received or considered, including matters officially noticed;

(iii) Questions and offers of proof, objections and rulings;

(iv) Any proposed findings and conclusions of law;

(v) The proposed findings of fact and conclusions of law of the hearing officer;

(vi) Any exceptions to the hearing officer's proposed findings of fact and conclusions of law; and

(vii) The agency's final decision.

(d) A stipulation resolving the matter shall not be part of the record unless otherwise agreed by the parties.

048-4 Wyo. Code R. § 4-24