Wyoming Game and Fish Commission's Rules for Contested Cases

Introduction

This guide breaks down the Wyoming Game and Fish Commission's Chapter 27, which governs how disputes or contested cases are handled.

Legal Basis

  • Founding Authority: These rules are based on several sections of the Wyoming Statutes (W.S. §16-3-107 through §16-3-115, and §23-1-303).

Key Definitions

  • Contestee: This refers to any individual, group, firm, or corporation under the Commission's authority that is involved in a dispute with the Department.

Starting a Case

  • Notice Requirements: The Department must start contested cases by sending a notice to the contestee. This notice includes:
    • Contestee's name and address.
    • Details of the dispute in simple language, with references to any violated laws or rules.
    • Information on the legal basis for the hearing.
    • Time, place, and nature of the hearing.

Serving Notice

  • Timeline: Contestees receive notice at least 20 days before the hearing.
  • Method: Notices can be delivered in person or by mail. If delivered in person, there must be a certification from the person who made the delivery.

Subpoenas

  • Issuing Subpoenas: Upon request, the Commission or a designated officer can issue subpoenas for witness testimony or relevant documents.

Hearing Process

  • Conducting the Hearing: The Commission or a designated officer will hear the case as per the notice.
  • Representation: Contestees can represent themselves or have a lawyer, who must be authorized to practice in Wyoming.

Hearing Procedure

  • Steps in the Hearing:
    1. Each party makes an opening statement.
    2. The Department presents its evidence.
    3. The contestee provides information and evidence.
    4. Both sides can offer additional evidence.
    5. There's an option to reopen the hearing if needed.
    6. This procedure replaces previous rules.

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