Statutes, codes, and regulations
Wyoming Administrative Code
Agency 053 - Workforce Services, Department ofSubagency 0021 - Workers' Compensation Division
Chapter 1 - GENERAL PROVISIONS
Section 1-4 - Rules of Procedure for Hearings before the Workers' Compensation Division

053-1 Wyo. Code R. § 1-4

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Current through April 27, 2019
Section 1-4 - Rules of Procedure for Hearings before the Workers' Compensation Division

(a) Applicability. These rules and procedures shall apply to all contested cases, as defined by the Wyoming Administrative Procedure Act (W. S. §§ 16-3-101 through 115), which are not required to be referred to the Office of Administrative Hearings (OAH) or Workers' Compensation Medical Commission. For example, this section shall govern contested cases over such matters as rate classification and the Division's annual premium rate filing.

(b) Definitions.

  • (i) Department. The Department of Workforce Services.
  • (ii) Director. The Director of the Department of Workforce Services or the Director's deputy, examiner or assistant appointed by the Director in writing.
  • (iii) Petitioner. The person(s) or organization(s) requesting a hearing as provided in the Wyoming Workers' Compensation Act and the Administrative Procedure Act.
  • (iv) Hearing. The evidentiary proceeding in any "contested case" as defined in the Wyoming Administrative Procedure Act which is not required to be referred to the Office of Administrative Hearings (OAH) or Workers' Compensation Medical Commission.
  • (v) Hearing Officer. The Administrator of the Division or such person or persons as the Administrator designates in writing to preside over the contested case and conduct the hearing. No person shall serve as hearing officer who directly participated in making the determination which is the subject of the contested case.
  • (vi) Commencement of Case. All contested case proceedings shall be commenced by filing a written petition/request for hearing with the Division. The petition shall include:
    • (A) The name, address and telephone number of each petitioner.
    • (B) A statement of the facts upon which the petition is based, including, whenever applicable, particular reference to the determination, statutes, rules, regulations and orders that the applicant believes are relevant to the case.
    • (C) The determination or other relief requested by the petitioner.

(c) Notice upon filing of a petition. The Division shall issue a notice as required by the Wyoming Administrative Procedure Act, stating:

  • (i) The time, place and nature of the hearing;
  • (ii) The legal authority and jurisdiction under which the hearing is to be held;
  • (iii) The particular sections of the statutes and rules involved; and
  • (iv) A short and plain statement of the matters asserted.

(d) Service of Notice. Notice may be served personally, by mail or by publication, as provided by the Wyoming Administrative Procedure Act. Service by mail shall be deemed complete at the date of mailing. The hearing officer may require additional notice to be given in such manner, as the hearing officer shall direct.

(e) Docket. When a petition/request for hearing is filed, it shall be assigned a docket number in accord with a system established by the Division. The Division shall establish a separate file for each hearing in which shall be systematically placed all related papers, pleadings, documents, transcripts, evidence and exhibits. All documents filed in the case shall note the docket number assigned and the date of filing.

(f) Subpoenas. As authorized by the Administrative Procedure Act and Workers' Compensation Act, subpoenas for appearance and to produce books, papers, documents or exhibits will be issued by the hearing officer upon written request of any party.

(g) Hearing. At the date, time and place of hearing, the hearing officer shall hear all matters presented in accord with the Wyoming Administrative Procedure Act. Parties shall appear in person or by telephone and may be represented by counsel, provided that such counsel be duly authorized to practice law in the State of Wyoming or is otherwise associated at the hearing with one or more attorneys authorized to practice law in this State.

(h) Order of Procedure at Hearing. Hearings shall generally be conducted informally, in accordance with the following procedure:

  • (i) The hearing officer shall announce that the hearing is convened, the title of the matter and case to be heard and shall note for the record all subpoenas issued and all appearances. The hearing officer shall state that the hearing is informal, that strict rules of evidence will not apply, and shall briefly describe the method in which the hearing will be conducted.
  • (ii) Short opening statements may be permitted at the discretion of the hearing officer.
  • (iii) Presentation of evidence by petitioner(s). Witnesses may be cross-examined by the Division or other parties. All exhibits shall be marked for identification.
  • (iv) Presentation of evidence by the Division. Witnesses may be cross-examined by the other parties. All exhibits shall be marked for identification.
  • (v) Closing statements or arguments may be made at the discretion of the hearing officer.
  • (vi) After all proceedings have been concluded, the hearing officer shall excuse all witnesses and declare the hearing closed. The record may be supplemented with additional evidence or written briefs at the discretion of the hearing officer and within such time as directed by the hearing officer.

(i) Witnesses to be Sworn. All persons testifying at any hearing shall stand and be administered the following by the hearing officer: "Do you swear (or affirm) to tell the truth, the whole truth and nothing but the truth in this hearing now before the hearing officer?"

(j) Applicable Rules of Civil Procedure to Apply. The Wyoming Rules of Civil Procedure shall apply and be followed in hearings before the Division to the extent not inconsistent with these rules.

(k) Presence of Attorney General. In all hearings before the Division, the Division may request the Attorney General of the State of Wyoming, or a representative of his staff, to be present to assist and advise the Division.

(l) Record of Proceedings-Reporter. Hearings shall be electronically recorded unless a party provides for a court reporter at its own expense. The hearing officer may direct the party or parties requesting a transcript to assume the cost of the transcript.

(m) Depositions. In all contested cases the taking of depositions and discovery shall be available to the parties as provided in the Wyoming Rules of Civil Procedure and the Administrative Procedure Act.

(n) Decision, Findings of Fact and Conclusions of Law, and Order. The hearing officer shall make a written decision and order containing Findings of Fact, Conclusions of Law and Recommended Decision. Such decision and order shall be filed with the Division within fifteen (15) days of the close of the hearing. The Division shall send a copy by prepaid mail to each party or their attorneys of record. The Administrator shall act on the recommendation of the hearing officer within thirty (30) days of receiving the hearing officer's report.

(o) Appeals to District Court. Appeals to the district court from decisions of the hearing officer are governed by the Wyoming Administrative Procedure Act and Rule 12 of the Wyoming Rules of Appellate Procedure.

(p) Transcript in Case of Appeal. In case of an appeal to the district court, the party appealing shall secure and file a transcript of the testimony and all other evidence offered at the hearing, which transcript must be verified by the oath of the person who transcribed the testimony as a true and correct transcript of the testimony and other evidence in the case. The compensation of the person making the transcript and all other costs involved in the appeal shall be borne by the party prosecuting the appeal unless otherwise ordered by the district court at the conclusion of the appeal.

(q) Pre-Hearing Conference. At any time on or before the day of any hearing, the hearing officer may direct the parties to appear before the hearing officer for a pre-hearing conference. Such conferences shall be conducted informally. The hearing officer shall prepare an order reciting or shall read into the record the results of the conference. The pre-hearing order will control the course of the hearing unless modified by the presiding officer to prevent manifest injustice. A party who believes a pre-hearing order does not fully cover the issues presented, or is unclear, may petition for a further ruling within ten (10) days after receipt of the order. The pre- hearing conference shall be convened to consider:

  • (i) The simplification of the issues;
  • (ii) The necessity or desirability of amending the pleadings;
  • (iii) The possibility of obtaining admissions of fact and of documents to avoid unnecessary proof;
  • (iv) Formulating additional procedures to govern the hearing; and
  • (v) Other matters as may aid in the disposition of the case.

(r) Additional Rules for Contested Ratemaking Proceedings. The following additional rules shall apply to contested cases involving the Division's annual rate filing pursuant to W. S. § 27-14-201(c) et seq.

  • (i) Any employer wishing to contest the rate filing shall file a written request for hearing with the Division, received by the Division no later than thirty (30) days after the mailing of the proposed rates by the Division. Counsel for any employer shall enter a written appearance within the same time period.
  • (ii) The contested rate hearing shall be held no later than seventy-five (75) days after the mailing of the proposed rates by the Division. Only those employers who filed a timely written request for hearing directly or through counsel will be permitted to participate in the hearing.
  • (iii) Written interrogatories shall be filed no later than thirty (30) days before the scheduled hearing date. Responses to interrogatories shall be served on the requesting party ten (10) days after receipt of the interrogatories. Depositions shall be completed at least ten (10) days before the hearing.
  • (iv) Pre-hearing conferences may be conducted informally by the hearing officer, without prior written notice if such notice is impractical, but the hearing officer shall keep a detailed log of the date, time and subject matter of all contacts by parties to the contested case. Such log shall be made a part of the formal record in the case.
  • (v) At the hearing, those employers wishing to make an unsworn statement may do so in writing or shall be heard before the taking of any sworn testimony or evidence. Unsworn statements shall not be subject to cross-examination. The Division shall proceed next, presenting evidence in support of the rate filing, followed by those employers desiring to present sworn testimonial and documentary evidence against the proposed rate filing.
  • (vi) All parties shall have an opportunity to present proposed findings of fact and conclusions of law within ten (10) days after the close of the evidence.
  • (vii) The hearing officer shall render findings of fact, conclusions of law and recommended orders within thirty (30) days after the close of the evidence, and shall serve such findings, conclusions and orders upon the Administrator, Director, and all employers and counsel of record. The Director shall act on the recommendations of the hearing officer by written decision within thirty (30) days of receiving the hearing officer's report.

053-1 Wyo. Code R. § 1-4

Amended, Eff. 8/24/2017.

Amended, Eff. 11/13/2018.