Statutes, codes, and regulations
Wyoming Administrative Code
Agency 048 - Health, Department ofSubagency 0062 - Developmental Disabilities Division-Wyoming Life Resource Center
Chapter 2 - ADMINISTRATIVE HEARINGS
Section 2-22 - Transcripts and record

048-2 Wyo. Code R. § 2-22

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Current through April 27, 2019
Section 2-22 - Transcripts and record

(a) A contested case proceeding is a public record pursuant to the Public Records Act. When a contested case is set for hearing, the Agency shall assign a docket number to the case and enter the case with its number and date of filing on a docket. The Agency 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 Agency shall record all contested case 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 Agency upon payment of the cost.

(c) If the contestant can demonstrate that he is indigent and that he cannot effectively perfect his appeal without such transcription, the Department may waive the payment of the fee.

(d) The disclosure of health information in proceedings initiated under this Chapter shall comply with 45 CFR 164512(e) and W.S. § 25-5-131.

(e) 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 of fact and conclusions of law;
  • (v) The proposed final determination, including findings of fact and conclusions of law of the hearing officer;
  • (vi) Any exceptions to the hearing officer's proposed final determination, including findings of fact and conclusions of law;
  • (vii) The Director's final decision; and
  • (viii) A stipulation resolving the matter shall not be part of the record unless otherwise agreed to by the parties, including HIPAA information agreed to by the parties that would be kept in a confidential part of the record.

048-2 Wyo. Code R. § 2-22