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Administrative Procedure Act – Wyoming

The Wyoming Administrative Procedure Act is found in Title 16, Chapter 3 of Wyoming Statutes.  According to Wyo. Stat. § 16-3-102, each agency should lay down the nature and requirements of all procedure available in connection with contested cases. The agency should make available rules, written statements of policy, final orders, decisions and opinions for public inspection and copying.  A rule, order or decision is not valid against any party until it has been filed with the registrar of rules and made available for public inspection.  In formulating rules of practice, each agency may request the assistance of the attorney general.

Wyo. Stat. § 16-3-103 requires an agency to give at least 45 days’ notice regarding adoption, amendment or repeal of any rule.  The notice should be given to the attorney general, the secretary of state’s office as registrar of rules.  AN Agency should afford all interested persons reasonable opportunity to submit data views, or arguments, orally or in writing.  When an agency finds that an emergency requires the agency to proceed without notice or opportunity for hearing, it may adopt emergency rules.  An emergency rule is effective when filed.  Such rule is effective for a period of not longer than 120 days.  An agency should submit the rule or any amendment, repeal, modification or revision of the rule to the governor for review.  The governor has to approve and sign the rule, before it is submitted to the registrar of rules.  Upon receipt of a notice of intended action from a state agency, the secretary of state’s office shall maintain a file of these notices and make them available for public inspection during regular business hours.

Wyo. Stat. § 16-3-104 states that each agency should file in the office of the registrar of rules a certified copy of each rule adopted by it as approved by the governor.  The registrar of rules should keep a permanent register of the rules open to public inspection.  Rules should be prepared in the manner and form prescribed by the state registrar of rules.

Wyo. Stat. § 16-3-105 states that the registrar of state agency rules should compile, index and publish the rules adopted by each agency.  The compilation should be supplemented or revised at least once in every 2 years.  Also, the registrar of state agency rules may make a reasonable charge for any rules published.

According to Wyo. Stat. § 16-3-106, any interested person may petition an agency requesting the promulgation, amendment or repeal of any rule.  The agency may either deny the petition in writing or initiate rulemaking proceedings.  The action of the agency in denying a petition is final and not subject to review.

Wyo. Stat. § 16-3-107 states that in a contested case the agency should afford to all parties, opportunity for hearing after reasonable notice in writing.  In a contested case, agencies should have the authority to administer oaths and affirmations, subpoena witnesses and require the production of any books, papers or other documents relevant or material to the inquiry.  Every party should be accorded the right to appear in person or by or with counsel or other duly qualified representative in any agency proceeding.

According to Wyo. Stat. § 16-3-108, in contested cases irrelevant, immaterial or unduly repetitious evidence shall be excluded.  Sanction shall be imposed only on consideration of the whole record and a party may conduct cross-examinations required for a full and true disclosure of the facts.  As per Wyo. Stat. § 16-3-110, a final decision or order against a party in a contested case shall be in writing or dictated into the record.  A copy of the decision and order should be delivered or mailed to each party or to his attorney of record.

Wyo. Stat. § 16-3-112 states that in all contested cases before an agency there should be a presiding officer designated by the agency.  The functions of the presiding officer shall be conducted in an impartial manner.  The agency may request the office of the attorney general to furnish to the agency such personnel as may be necessary to properly investigate, prepare, present and prosecute the contested case before the agency.  However an agency should not delegate the authority to make final decisions to an independent administrative hearing officer unless required by law.

According to Wyo. Stat. § 16-3-114, any person aggrieved by a final decision of an agency in a contested case, is entitled to judicial review in the district court.  The reviewing court should decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.  As per Wyo. Stat. § 16-3-115, an aggrieved party may obtain a review of any final judgment of the district court by appeal to the Supreme Court.

Inside Administrative Procedure Act – Wyoming