(a) The burden of proof is as follows: - (i) In benefit cases involving initial application for eligibility, the burden of proof is on the applicant. In benefit cases involving an overpayment, revocation or reduction of benefits, the burden of proof is on the Department.
- (ii) In Child Protective Services and Adult Protective Services cases, the burden of proof is on the Department.
(b) Privileged and confidential information - (i) Any privilege at law shall be recognized by the hearing officer in considering evidence.
- (ii) No employee of the Department shall be compelled to testify or to divulge information which is confidential or privileged at law and which is contained within the records of the Department or acquired within the scope of employment except as provided in W.S. § 16-3-107.
(c) Child Protective Services and Adult Protective Services hearings shall be conducted in person in the county of origination.
(d) At the discretion of the hearing officer, telephone calls may be used to conduct other hearings or proceedings. At the discretion of the hearing officer, parties or their witnesses may be allowed to participate in hearings by telephone.
049-1 Wyo. Code R. § 1-14