Wyoming Statutes
Wyo. Stat. § 16-3-107 (2026)
Contested cases; general procedure.
✓ current as of May 2026
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(a) In any contested case, all parties shall be afforded
an opportunity for hearing after reasonable notice served
personally or by mail. Where the indispensable and necessary
parties are composed of a large class, the notice shall be
served upon a reasonable number thereof as representatives of
the class or by giving notice by publication in the manner
specified by the rules or an order of the agency.
(b) The notice shall include a statement of:
(i) The time, place and nature of the hearing;
(ii) The legal authority and jurisdiction under which
the hearing is to be held;
(iii) The particular sections of the statutes and
rules involved;
(iv) A short and plain statement of the matters
asserted. If the agency or other party is unable to state the
matters in detail at the time the notice is served, the initial
notice may be limited to a statement of the issues involved, and
thereafter upon application a more definite and detailed
statement shall be furnished.
(c) In all contested cases, depositions and discovery
relating thereto, agencies shall 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. In case of refusal to obey
a subpoena issued by the agency in a contested case, deposition
or discovery relating thereto, to any person, the district court
for the district in which the hearing or deposition or other
proceeding is being conducted, or for the district where the
person may be served, may upon application by the agency issue
to the person refusing to obey the subpoena an order requiring
the person to show cause for the refusal or to appear before the
agency or other person designated by it there to produce
documentary evidence if so ordered or there to give evidence
touching the matter in question. Any failure to show cause or
obey the order of court may be punished by the court as a
contempt thereof.
(d) In all contested cases the agency shall as part of its
rules of practice provide that the agency or one (1) of its
presiding officers designated by it upon application of any
party shall issue a subpoena requiring the appearance of
witnesses for the purpose of taking evidence or requiring the
production of any books, papers or other documents relevant or
material to the inquiry.
(e) The agency upon motion made promptly and in any event
at or before the time specified in the subpoena for compliance
therewith, may quash or modify the subpoena if it is
unreasonable and oppressive, or in the event issued pursuant to
subsection (g) of this section may condition denial of the
motion upon the advancement by the person in whose behalf the
subpoena is issued of the reasonable cost of producing the
books, papers, documents or tangible things.
(f) If a subpoena issued pursuant to this section is
disobeyed and if the agency fails to apply pursuant to
subsection (c) of this section for enforcement any party may
apply to the district court for the district having venue under
subsection (c) of this section for enforcement pursuant to
subsection (c) of this section.
(g) In all contested cases the taking of depositions and
discovery shall be available to the parties in accordance with
the provisions of Rules 26, 28 through 37 (excepting Rule
37(b)(1) and 37(b)(2)(A)(vii) therefrom) of the Wyoming Rules of
Civil Procedure in effect on the date of the enactment of this
act and any subsequent rule amendments thereto. All references
therein to the "court" shall be deemed to refer to the
appropriate "agency"; all references to the use of the subpoena
power shall be references to subsection (c) of this section; all
references to "trial" shall be deemed references to "hearing";
all references to "plaintiff" shall be deemed references to "a
party". If a party or other witness refuses to be sworn or
refuses to answer any question after being directed to do so by
the agency in which the action is pending, the refusal to obey
the agency order shall be enforced in the same manner as is
provided in subsection (c) of this section.
(h) Any agency which is a party to the contested case is
subject to the discovery provisions of this section but neither
the agency, nor any member, officer or employee shall be
required to disclose information which is confidential or
privileged under the law and no member of the presiding agency
shall be compelled to testify or give a deposition in a
contested case. Discovery sought from the agency initially shall
be by written application. If the agency refuses to allow
discovery in whole or in part the aggrieved party may apply to
the presiding officer for an order compelling discovery. If the
presiding officer fails or refuses to compel discovery, the
aggrieved party may apply to the district court for the district
in which the hearing, deposition or other proceeding is being or
is to be conducted for an order directed to the agency
compelling discovery. The presiding officer or district court
shall enter such order as may be appropriate.
(j) Opportunity shall be afforded all parties to respond
and present evidence and argument on all issues involved. Any
person compelled to appear in person before any agency or
representative thereof shall be accorded the right to be
accompanied, represented and advised by counsel or, if permitted
by the agency, by other qualified representative.
(k) Every party shall be accorded the right to appear in
person or by or with counsel or other duly qualified
representative in any agency proceeding in accordance with such
rules as the agency prescribes and the pertinent rules of the
supreme court of Wyoming. So far as the orderly conduct of
public business permits, any interested person may appear before
any agency or its responsible officers or employees for the
presentation, adjustment or determination of any issue, request
or controversy in any proceeding (interlocutory, summary or
otherwise) or in connection with any agency function. Every
agency shall proceed with reasonable dispatch to conclude any
matter presented to it except that due regard shall be had for
the convenience and necessity of the parties or their
representatives. Any person representing an agency at a hearing
in a contested case in which the agency is a party shall not in
the same case serve as presiding officer or provide ex parte
advice regarding the case to the presiding officer or to the
body or any member of the body comprising the decision makers.
(m) No process, requirement of a report, inspection, or
other investigative act or demand shall be issued, made or
enforced in any manner or for any purpose except as authorized
by law. Every person compelled to submit data or evidence is
entitled to retain or, on payment of lawfully prescribed costs,
procure a copy of a transcript thereof, except that in a
nonpublic investigatory proceeding the witness may for good
cause be limited to inspection of the official transcript of his
testimony.
(n) Unless precluded by law, informal disposition may be
made of any contested case by stipulation, agreed settlement,
consent order or default.
(o) The record in a contested case must include:
(i) All formal or informal notices, pleadings,
motions and intermediate rulings;
(ii) Evidence received or considered including
matters officially noticed;
(iii) Questions and offers of proof, objections and
rulings thereon;
(iv) Any proposed findings and exceptions thereto;
(v) Any opinion, findings, decision or order of the
agency and any report by the officer presiding at the hearing.
(p) In all contested cases the proceeding including all
testimony shall be reported verbatim stenographically or by any
other appropriate means determined by the agency or the officer
presiding at the hearing.
(q) Oral proceedings or any part thereof shall be
transcribed on request of any party upon payment of the cost
thereof.
(r) Findings of fact shall be based exclusively on the
evidence and matters officially noticed.Notes of Decisions
Cited in 73
cases, 1983–2020 · leading case: Wesaw v. Quality Maint., 2001 WY 17 (Wyo. 2001).
Wesaw v. Quality Maint., 2001 WY 17 (Wyo. 2001). “Wesaw's attorney argued that due process and Wyo.Stat.Ann. § 16-3-107 required specific notice that both of these issues would be raised at the hearing, and these requirements had not been complied with before the hearing.”
Dorr v. Wyoming Bd. of Certified Pub. Accountants, 2001 WY 37 (Wyo. 2001). “Kreycik pursuant to Wyo.Stat.Ann. § 16-3-107(b) (LEXIS 1999) The Board, acting through the hearing officer assigned to the matter, granted the motion to Quash on the basis that Kreycik, as a member of the presiding agency, was not subject to being compelled to give testimony or…”
Ririe v. Bd. of Trs. of Sch. Dist. No. One, 674 P.2d 214 (Wyo. 1983). “Is W.S. 1977, 16-3-107(h) unconstitutional because it provides that no member of an administrative body can be compelled to testify as a witness in a hearing before that agency when the member is a material witness to an element of the defense of the person whose rights are…”
Teton Valley Ranch v. State Bd. of Equalization, 735 P.2d 107 (Wyo. 1987). “An appeal is a contested case as that term is defined in W.S. 16-3-107." [2] Section 16-3-107, W.S.”
Statement of Termination of Davis v. City of Cheyenne, 2004 WY 43 (Wyo. 2004). “Wyo. Stat. Ann. § 16-3-107 (o) also refers to findings as follows: (o) The record in a contested case must include: [[Image here]] (iv) Any proposed findings and exceptions thereto: (v) Any opinion, findings, decision or order of the agency.”
Emp. SEC. Com'n of Wyoming v. Bryant, 704 P.2d 1311 (Wyo. 1985). “Furthermore, this is not the case for this court to attempt to reconcile the mandate in § 16-3-107(r), W.S. 1977 ("Findings of fact shall be based exclusively on the evidence and matter officially noticed"), with the mandate in § 16-3-109 ("The agency shall consider the whole…”
Casper Iron & Metal, Inc. v. Unemployment Ins. Comm'n of the Dep't of Emp., 845 P.2d 387 (Wyo. 1993). “CIM and O'Brien received a "Notice of Hearing" for an " appeal filed by employer." (emphasis added) The stated issue was: "Reason for claimant's separation from employment with Casper Iron & Metal, Inc.”
In Re the Contempt Order Issued by Ranck, 765 P.2d 933 (Wyo. 1988). “1977, which states: “(c) In all contested cases, depositions and discovery relating thereto, agencies shall 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…”
Foster's Inc. v. City of Laramie, 718 P.2d 868 (Wyo. 1986). “" Since the motel owners allege a perceptible harm caused by the challenged agency action, they are entitled to judicial review of the issue they have raised. RIGHT TO CONTESTED CASE PROCEDURES Under the Wyoming Administrative Procedure Act, all parties in a contested case must…”
Worker's Comp. Claim of Decker v. State Ex Rel. Wyoming Med. Comm'n, 2005 WY 160 (Wyo. 2005). “” Wyo. Stat. Ann. § 16-3-107 (r) (LexisNexis 2005).”
Price v. Hutchinson, 340 P.3d 1002 (Wyo. 2014). “§ 16-3-107(k) and/or exceeded the powers of a Hearing Officer set forth in Wyo. Stat. Ann. § 16-3-112 (a) and (b). Price argues that the Hearing Officer erroneously provided legal opinions and advice to the Board.”
Gilbert v. Bd. of Cnty. Commissioners of Park Cnty., 2010 WY 68 (Wyo. 2010). “After receiving that additional briefing and reviewing the Board’s resolutions in light of the record, the district court issued its decision letter on July 30, 2008, explaining its affirmance of the Board’s decision to deny Gilbert’s variance request and explaining its decision…”
— Wyo. Stat. § 16-3-107(0) — 1 case
Price v. Hutchinson, 340 P.3d 1002 (Wyo. 2014). “§ 16-3-107(k) and/or exceeded the powers of a Hearing Officer set forth in Wyo. Stat. Ann. § 16-3-112 (a) and (b). Price argues that the Hearing Officer erroneously provided legal opinions and advice to the Board.”
— Wyo. Stat. § 16-3-107(a) — 8 cases
Foster's Inc. v. City of Laramie, 718 P.2d 868 (Wyo. 1986). “" Since the motel owners allege a perceptible harm caused by the challenged agency action, they are entitled to judicial review of the issue they have raised. RIGHT TO CONTESTED CASE PROCEDURES Under the Wyoming Administrative Procedure Act, all parties in a contested case must…”
Gold v. Bd. of Cnty. Com'rs of Teton Cty., 658 P.2d 690 (Wyo. 1983).
Casper Iron & Metal, Inc. v. Unemployment Ins. Comm'n of the Dep't of Emp., 845 P.2d 387 (Wyo. 1993). “CIM and O'Brien received a "Notice of Hearing" for an " appeal filed by employer." (emphasis added) The stated issue was: "Reason for claimant's separation from employment with Casper Iron & Metal, Inc.”
Montana Dakota Utils. Co. v. Pub. Serv. Comm'n, 847 P.2d 978 (Wyo. 1993).
Slagle v. Wyoming State Bd. of Nursing, 954 P.2d 979 (Wyo. 1998).
— Wyo. Stat. § 16-3-107(a)(iv) — 1 case
Wesaw v. Quality Maint., 2001 WY 17 (Wyo. 2001). “Wesaw's attorney argued that due process and Wyo.Stat.Ann. § 16-3-107 required specific notice that both of these issues would be raised at the hearing, and these requirements had not been complied with before the hearing.”
— Wyo. Stat. § 16-3-107(b) — 1 case
Dorr v. Wyoming Bd. of Certified Pub. Accountants, 2001 WY 37 (Wyo. 2001). “Kreycik pursuant to Wyo.Stat.Ann. § 16-3-107(b) (LEXIS 1999) The Board, acting through the hearing officer assigned to the matter, granted the motion to Quash on the basis that Kreycik, as a member of the presiding agency, was not subject to being compelled to give testimony or…”
— Wyo. Stat. § 16-3-107(b)(iv) — 4 cases
Casper Iron & Metal, Inc. v. Unemployment Ins. Comm'n of the Dep't of Emp., 845 P.2d 387 (Wyo. 1993). “CIM and O'Brien received a "Notice of Hearing" for an " appeal filed by employer." (emphasis added) The stated issue was: "Reason for claimant's separation from employment with Casper Iron & Metal, Inc.”
Slagle v. Wyoming State Bd. of Nursing, 954 P.2d 979 (Wyo. 1998).
Newton v. State ex rel. Wyoming Workers' Comp. Div., 922 P.2d 863 (Wyo. 1996).
Newton v. State Ex Rel. Workers'comp., 922 P.2d 863 (Wyo. 1996).
— Wyo. Stat. § 16-3-107(c) — 5 cases
Life Care Ctr. of Casper v. Leah Barrett, 2020 WY 57 (Wyo. 2020).
In Re the Contempt Order Issued by Ranck, 765 P.2d 933 (Wyo. 1988). “1977, which states: “(c) In all contested cases, depositions and discovery relating thereto, agencies shall 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…”
Drake v. State Ex Rel. Dep't of Revenue & Taxation, 751 P.2d 1319 (Wyo. 1988).
Preferred Energy Props. v. Wyoming State Bd. of Equalization, 890 P.2d 1110 (Wyo. 1995).
Hooten v. State, Dep't of Revenue & Taxation, 751 P.2d 1323 (Wyo. 1988).
— Wyo. Stat. § 16-3-107(e) — 1 case
In Re the Contempt Order Issued by Ranck, 765 P.2d 933 (Wyo. 1988). “1977, which states: “(c) In all contested cases, depositions and discovery relating thereto, agencies shall 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…”
— Wyo. Stat. § 16-3-107(h) — 3 cases
Ririe v. Bd. of Trs. of Sch. Dist. No. One, 674 P.2d 214 (Wyo. 1983). “Is W.S. 1977, 16-3-107(h) unconstitutional because it provides that no member of an administrative body can be compelled to testify as a witness in a hearing before that agency when the member is a material witness to an element of the defense of the person whose rights are…”
Dorr v. Wyoming Bd. of Certified Pub. Accountants, 2001 WY 37 (Wyo. 2001). “Kreycik pursuant to Wyo.Stat.Ann. § 16-3-107(b) (LEXIS 1999) The Board, acting through the hearing officer assigned to the matter, granted the motion to Quash on the basis that Kreycik, as a member of the presiding agency, was not subject to being compelled to give testimony or…”
Natrona Cnty. Sch. Dist. No. 1 v. Ryan, 764 P.2d 1019 (Wyo. 1988).
— Wyo. Stat. § 16-3-107(j) — 3 cases
Pac. Power & Light v. Heermann, 872 P.2d 1171 (Wyo. 1994).
Tarraferro v. State ex rel. Wyoming Med. Comm'n, 123 P.3d 912 (Wyo. 2005).
Tarraferro v. State, Wyoming Med. Com'n, 2005 WY 155 (Wyo. 2005).
— Wyo. Stat. § 16-3-107(k) — 4 cases
Dorr v. Wyoming Bd. of Certified Pub. Accountants, 2001 WY 37 (Wyo. 2001). “Kreycik pursuant to Wyo.Stat.Ann. § 16-3-107(b) (LEXIS 1999) The Board, acting through the hearing officer assigned to the matter, granted the motion to Quash on the basis that Kreycik, as a member of the presiding agency, was not subject to being compelled to give testimony or…”
State Transp. Comm'n v. Ford, 844 P.2d 496 (Wyo. 1992).
Price v. Hutchinson, 340 P.3d 1002 (Wyo. 2014). “§ 16-3-107(k) and/or exceeded the powers of a Hearing Officer set forth in Wyo. Stat. Ann. § 16-3-112 (a) and (b). Price argues that the Hearing Officer erroneously provided legal opinions and advice to the Board.”
Ballard v. Wyoming Pari-Mutuel Comm'n, 750 P.2d 286 (Wyo. 1988).
— Wyo. Stat. § 16-3-107(n) — 1 case
Powder River Basin Resource Council v. Wyoming Env't Quality Council, 869 P.2d 435 (Wyo. 1994).
— Wyo. Stat. § 16-3-107(o) — 5 cases
Holding's Little Am. v. Bd. of Cnty. Commissioners of Laramie Cnty., 712 P.2d 331 (Wyo. 1985).
Camilleri v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2010 WY 156 (Wyo. 2010).
In the Matter of the Application for Establishment of Private Road By Price Fam. Trust of May 22, 1995, By & Through Its Tr., Ted N. Price, Sr., 2014 WY 162 (Wyo. 2014).
State of Wyoming Elec. Bd. v. Hansen, 928 P.2d 482 (Wyo. 1996).
Camilleri v. State Ex Rel. Wyoming Workers'Saf. & Comp. Div., 2010 WY 156 (Wyo. 2010).
— Wyo. Stat. § 16-3-107(p) — 4 cases
Price v. Hutchinson, 340 P.3d 1002 (Wyo. 2014). “§ 16-3-107(k) and/or exceeded the powers of a Hearing Officer set forth in Wyo. Stat. Ann. § 16-3-112 (a) and (b). Price argues that the Hearing Officer erroneously provided legal opinions and advice to the Board.”
Gilbert v. Bd. of Cnty. Commissioners of Park Cnty., 2010 WY 68 (Wyo. 2010). “After receiving that additional briefing and reviewing the Board’s resolutions in light of the record, the district court issued its decision letter on July 30, 2008, explaining its affirmance of the Board’s decision to deny Gilbert’s variance request and explaining its decision…”
State of Wyoming Elec. Bd. v. Hansen, 928 P.2d 482 (Wyo. 1996).
In the Matter of the Application for Establishment of Private Road By Price Fam. Trust of May 22, 1995, By & Through Its Tr., Ted N. Price, Sr., 2014 WY 162 (Wyo. 2014).
— Wyo. Stat. § 16-3-107(r) — 5 cases
Emp. SEC. Com'n of Wyoming v. Bryant, 704 P.2d 1311 (Wyo. 1985). “Furthermore, this is not the case for this court to attempt to reconcile the mandate in § 16-3-107(r), W.S. 1977 ("Findings of fact shall be based exclusively on the evidence and matter officially noticed"), with the mandate in § 16-3-109 ("The agency shall consider the whole…”
Nelson v. Sheridan Manor, 939 P.2d 252 (Wyo. 1997).
Campbell Cnty. v. Wyoming Cmty. Coll. Comm'n, 731 P.2d 1174 (Wyo. 1987).
Majority of the Working Interest Owners in the Buck Draw Field Area v. Wyoming Oil & Gas Conservation Comm'n, 721 P.2d 1070 (Wyo. 1986).
Heiss v. City of Casper Plan. & Zoning Comm'n, 941 P.2d 27 (Wyo. 1997).
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