211-2 Wyo. Code R. § 2-34

Current through April 27, 2019
Section 2-34 - Decision of the Board

(a) The Board shall make and enter a written decision and order containing findings of fact and conclusions of law. The findings of fact shall be derived from the evidence of record in a proceeding, matters officially noticed in that proceeding, and matters within the Board's knowledge as acquired through performing its functions and duties. Such findings shall be based on the kind of evidence which reasonably prudent persons are accustomed to rely in the conduct of their serious affairs, even if such evidence would be inadmissible in a civil trial. The Board's experience, technical competence, and specialized knowledge may be utilized in evaluating the evidence. The written decision shall be filed with the Board and will, without further action, become the decision and order as a result of the hearing. Upon filing, the Board shall mail a copy to the parties.

(b) Any party may petition the Board, within ten (10) days of the date of a decision and order, for reconsideration of the decision and order by filing a motion with the Board. The Board shall issue a written order denying the motion, granting the motion and dissolving or modifying the decision and order, or granting the motion and setting the matter for further proceedings. A motion for reconsideration does not affect the finality of the decision and order and is not a prerequisite for judicial review. A motion for reconsideration may be granted by the Board on any of the following grounds:

  • (i) Irregularity in the proceedings;
  • (ii) Fraud, misrepresentation, or other misconduct of an adverse party;
  • (iii) Error in the valuation, assessment or other calculation within the order;
  • (iv) Newly discovered evidence, material as to the party applying, which the party could not, with reasonable diligence, have discovered and produced at the hearing; or
  • (v) An error of law contained within the decision.

(c) Clerical mistakes in decisions and orders or other parts of the record may be corrected by the Board at any time on its own initiative, or on the motion of any party. During the pendency of a judicial appeal, clerical mistakes may be corrected with leave of the court.

211-2 Wyo. Code R. § 2-34