Ch. 9, § 17. Order of Procedure

(a) As nearly as practicable, the following order shall be followed: (i) Opening statements may be made, Respondent first, then Contestant. (ii) The Respondent shall have the burden of proof and shall offer evidence first, and then the Contestant may offer evidence. (iii) No testimony shall be received by the Hearing Officer unless given under oath/affirmation administered by the Hearing Officer. (iv) Closing statements may be made, Respondent first, then Contestant, then the Respondent in rebuttal. (v) The Hearing Officer may limit the time for opening and closing statements. (vi) After all parties have had an opportunity to be heard, the Hearing Officer shall excuse all witnesses and close the evidence. (vii) Evidence may be reopened only upon written motion by a party to the proceeding and a showing of good cause. (b) Upon their own motion, all parties or other interested parties may submit legal briefs after the close of the hearing. The Hearing Officer shall allow reasonable time, not less than ten (10) days from the date of the hearing, for preparation of briefs. The time may be extended upon agreement between the parties with the approval of the Hearing Officer. Section18. Decisions. (a) The Hearing Officer shall make proposed findings of fact and conclusions of law within twenty (20) working days of the close of the hearings (the time permitted for parties or other interested persons to submit briefs shall be included within twenty {20} working days) and forward them to the Department for final determination. This time may be extended but not by more than ten (10) working days, unless the parties stipulate in writing or on the record at the hearing, to a later date. (i) Within ten (10) working days of the close of the hearing, or at such later time as the Hearing Officer may allow, each party shall be allowed to file with the Hearing Officer any proposed findings of fact and conclusions of law, together with a supporting brief. Such proposals and briefs shall be served on all other parties. (ii) Within ten (10) working days after the issuance of the Hearing Officer's proposed findings of fact and conclusions of law, any of the parties may submit exceptions. Such exceptions shall be filed with the Department and served on all other parties. (b) Within ten (10) working days after the period for submitting exceptions pursuant to (a)(ii), the Department shall make and enter into the record the final decision. The final decision shall be served on all parties to the proceedings. The final decision shall include: (i) A statement of the findings of fact and conclusions of law; and (ii) The appropriate rule, order, relief or denial thereof. The Decision shall be based upon the contested case record or any portion stipulated to by the parties. The decision shall include facts officially noticed and relief upon as provided by W.S. 16-3-108(d). It shall be made on the basis of a preponderance of evidence contained in the record. (c) Final decision of the Department shall be in accordance with W.S. 16-3-114 and Rule 12 of the Wyoming Rules of Appellate Procedure, except as otherwise agreed by the parties.