206-3 Wyo. Code R. § 3-10

Current through April 27, 2019
Section 3-10 - Designation and Authority of a Presiding Officer

(a) The State Superintendent may designate a presiding officer by assigning a contested case proceeding to an employee of the Department or an employee of another agency designated by the State Superintendent to act as presiding officer in accordance with Wyo.Stat. § 16-3-112.

(b) The functions of all those presiding over contested cases shall be conducted in an impartial manner and in accordance with the Rules and Regulations of the Department of Education.

(c) Presiding officers shall have the full authority to administer oaths and affirmations; issue subpoenas; rule upon offers of proof and receive relevant evidence; take or cause depositions to be taken in accordance with the provisions of the Wyoming Administrative Procedures Act and the rules of the Department; regulate the course of the hearing; hold conferences for the settlement or simplification of the issues; make recommended decision when directed to do so by the State Superintendent; and take any other action authorized by this Chapter, which are consistent with the Wyoming Administrative Procedures Act.

(d) The presiding officer may, at any time while a contested case is pending, recuse himself / herself from presiding over the contested case by filing written notice of recusal with the State Superintendent and serving an all parties. From and after the date the written notice of recusal is entered, that presiding officer shall not participate in resolution of the contested case.

(e) If a presiding officer is appointed, he/she shall submit a written recommended decision and order containing proposed findings of fact and conclusions of law.

(f) The recommended decision and proposed order shall be submitted to the State Superintendent no later than thirty (30) days after the end of the contested case hearing.

206-3 Wyo. Code R. § 3-10