057-2 Wyo. Code R. § 2-10

Current through April 27, 2019

Section 2-10 - Hearings

(a) Prior to formal proceedings, the Commission shall assist in the informal resolution of disputes between community colleges when requested and shall act as a board of appeal for disputes between community colleges that cannot be resolved informally.

(b) In matters involving the modification or maintenance of community college service areas, the Commission shall make determinations in accordance with W.S. 21-18-202(c)(viii).

(c) Contested cases for matters other than those referenced in (b) above shall be conducted pursuant to the Office of Administrative Hearings rules, Chapter 2, Uniform Rules for Contested Case Practice and Procedure ("Uniform Rules"), which are incorporated into this chapter by reference. In doing so, the Commission find as follows:

(i) Incorporating the full text of the Uniform Rules would be cumbersome and inefficient given the length and nature of the rules;

(ii) The incorporation is limited to the Uniform Rules adopted by the Office of Administrative Hearings and effective October 17, 2014, and shall not include any later editions of or amendments to the Uniform Rules;

(iii) Copies of the Uniform Rules are available to the public at the Wyoming Community College Commission offices at 2300 Capitol Ave., Hathaway Bldg. 5th Floor, Suite B, Cheyenne, Wyoming 82002.

(iv) An electronic copy of the Uniform Rules is available at the following web address: http://soswy.state.wy.us/Rules/RULES/9644.pdf.

(d) Where a contested case hearing is required by law, an aggrieved person may file a request according to the Uniform Rules § 5(a) with the Commission within thirty (30) days of the date of the administrative decision at issue or of the date of mailing of the administrative decision as evidenced by a postmark, whichever is later.

(e) The request for a hearing shall be served on the Commission and other necessary parties. Service shall be made to the Wyoming Community College Commission, 2300 Capitol Avenue, Hathaway Building, 5th Floor, Suite B, Cheyenne, Wyoming 82002-0206. Service may be made in person or by mail.

(f) A request for a contested case hearing shall include the following:

(i) The name, telephone number, and mailing address of the petitioner and the same information for the representing attorney;

(ii) A statement in ordinary and concise language of the facts and of the errors alleged to have been committed and issues that the petition is based on, including particular reference to statutory sections, contract provisions, or rules, regulations, and orders involved;

(iii) A copy of the decision or relevant material that relates to the decision at issue;

(iv) The specific relief sought; and

(v) The signature of the petitioner and the representing attorney.

(g) The notice of hearing required under the Uniform Rules § 6(b) shall be served on each party at least thirty (30) days before the hearing date unless an expedited hearing is otherwise required by law. In that event, parties shall be served the notice of hearing as soon as practicable.

(h) The Commission Chair may appoint a hearing officer to conduct the contested case and may request that the hearing officer issue a recommended decision.

(j) If a recommended decision is requested, the recommended decision and proposed order shall be submitted to the Commission no later than thirty (30) days after the end of the contested case hearing.

(k) The Commission shall make and enter a written decision and order containing findings of fact and conclusions of law stated separately.

(m) The written decision issued by the Commission shall be the final agency action and be subject to judicial review under Wyo. Stat. § 16-3-114.

057-2 Wyo. Code R. § 2-10

Amended, Eff. 11/29/2016.

Amended, Eff. 11/21/2017.