Wyoming Statutes

Wyo. Stat. § 16-3-108 (2026)

Contested cases; admissible evidence;

✓ current as of May 2026

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cross-examination; judicial notice.

     (a) In contested cases irrelevant, immaterial or unduly
repetitious evidence shall be excluded and no sanction shall be
imposed or order issued except upon consideration of the whole
record or such portion thereof as may be cited by any party and
unless supported by the type of evidence commonly relied upon by
reasonably prudent men in the conduct of their serious affairs.
Agencies shall give effect to the rules of privilege recognized
by law. Subject to these requirements and agency rule if the
interests of the parties will not be prejudiced substantially
testimony may be received in written form subject to the right
of cross-examination as provided in subsection (c) of this
section.

     (b) Documentary evidence may be received in the form of
copies or excerpts, if the original is not readily available.
Upon request, parties shall be given opportunity to compare the
copy with the original.

     (c) A party may conduct cross-examinations required for a
full and true disclosure of the facts and a party is entitled to
confront all opposing witnesses.

     (d) Notice may be taken of judicially cognizable facts. In
addition notice may be taken of technical or scientific facts
within the agency's specialized knowledge or of information,
data and material included within the agency's files. The
parties shall be notified either before or during the hearing or
after the hearing but before the agency decision of material
facts noticed, and they shall be afforded an opportunity to
contest the facts noticed.

Notes of Decisions

Cited in 55 cases (4 in the last 5 years), 1983–2026 · leading case: Workers' Comp. Claim of Hansen v. Mr. D'S Food Ctr., 827 P.2d 371 (Wyo. 1992).

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Workers' Comp. Claim of Hansen v. Mr. D'S Food Ctr., 827 P.2d 371 (Wyo. 1992). · cites it 8× “Subject to the provisions of W.S. § 16-3-108, the judge may admit all evidence which possesses probative value, including hearsay, if it is the type of evidence upon which reasonable, prudent persons are accustomed to rely in the conduct of their serious affairs.”

Worker's Comp. Claim of Rodgers v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2006 WY 65 (Wyo. 2006). · cites it 4× “[¶ 38] Wyo. Stat. Ann. § 16-3-108 (d) (LexisNexis 2005) addresses an agency fact finder’s authority to take notice of certain facts.”

Story v. Wyoming State Bd. of Med. Examiners, 721 P.2d 1013 (Wyo. 1986). · cites it 7× “With respect to admissible evidence, the APA, § 16-3-108(a), W.S.1977, provides: “(a) In contested cases irrelevant, immaterial or unduly repetitious evidence shall be excluded and no sanction shall be imposed or order issued except upon consideration of the whole record or such…”

Goddard v. Colonel Bozeman's Restaurant, 914 P.2d 1233 (Wyo. 1996). · cites it 5× “That section provides in pertinent part: “[Irrelevant, immaterial or unduly repetitious evidence shall be excluded.” Section 16-3-108(a). Hearsay evidence is admissible in an administrative proceeding when it satisfies the requirements of § 16-3-108(a) and is “probative,…”

Pederson v. State Ex Rel. Wyoming Workers' Comp. Div., 939 P.2d 740 (Wyo. 1997). · cites it 4× “ef filed on behalf of the Division emphasizes, and we recognize, that the Order Setting Hearing and Order For Filing Disclosure Statement, sent to the parties on September 12,1995, some two months before the hearing, contained this statement: All parties are hereby given notice…”

Casper Oil Co. v. Evenson, 888 P.2d 221 (Wyo. 1995). · cites it 4× “Wyo.Stat. § 16-3-108 provides, in pertinent part: “irrelevant, immaterial or unduly repetitious evidence shall be excluded * * Without reaching the question of whether the foundation for the proffered testimony was sufficient, we hold that the evidence Casper Oil sought to…”

Everheart v. S & L Indus., 957 P.2d 847 (Wyo. 1998). · cites it 4× “He also argues that he did not testify at the hearing that he had filed only two prior worker’s compensation claims and no other lawsuits as indicated in the order.”

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). · cites it 5× “Section 16-3-108, W.S.1977, guarantees a party the right to confront written testimony given by the other side.”

Dorr v. Wyoming Bd. of Certified Pub. Accountants, 2006 WY 144 (Wyo. 2006). · cites it 4× “The hearing examiner relied upon § 16-3-108(a), in refusing many of the additional exhibits.”

Gulf Oil Corp. v. Wyoming Oil & Gas Conservation Comm'n, 693 P.2d 227 (Wyo. 1985). · cites it 3× “[5] The Commission took notice of the ramifications of the RARE II program, pursuant to § 16-3-108(d), W.S. 1977, of the Wyoming Administrative Procedure Act.”

Aspen Ridge Law Offices, P.C. v. Wyoming Dep't of Emp., 2006 WY 129 (Wyo. 2006). · cites it 4× “See Wyo. Stat. Ann. § 16-3-108 (a) (LexisNexis 2003).”

Clark v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 968 P.2d 436 (Wyo. 1998). · cites it 4× “Hearsay evidence is admissible in an administrative proceeding when it satisfies the requirements of Wyo. Stat. Ann. § 16-3-108 (a) (Michie 1997) and is “probative, trustworthy and credible.”

Show all 55 citing cases →

— Wyo. Stat. § 16-3-108(a) — 19 cases

Story v. Wyoming State Bd. of Med. Examiners, 721 P.2d 1013 (Wyo. 1986). “With respect to admissible evidence, the APA, § 16-3-108(a), W.S.1977, provides: “(a) In contested cases irrelevant, immaterial or unduly repetitious evidence shall be excluded and no sanction shall be imposed or order issued except upon consideration of the whole record or such…”

Goddard v. Colonel Bozeman's Restaurant, 914 P.2d 1233 (Wyo. 1996). “That section provides in pertinent part: “[Irrelevant, immaterial or unduly repetitious evidence shall be excluded.” Section 16-3-108(a). Hearsay evidence is admissible in an administrative proceeding when it satisfies the requirements of § 16-3-108(a) and is “probative,…”

Everheart v. S & L Indus., 957 P.2d 847 (Wyo. 1998). “He also argues that he did not testify at the hearing that he had filed only two prior worker’s compensation claims and no other lawsuits as indicated in the order.”

Dorr v. Wyoming Bd. of Certified Pub. Accountants, 2006 WY 144 (Wyo. 2006). “The hearing examiner relied upon § 16-3-108(a), in refusing many of the additional exhibits.”

Workers' Comp. Claim of Hansen v. Mr. D'S Food Ctr., 827 P.2d 371 (Wyo. 1992). “Subject to the provisions of W.S. § 16-3-108, the judge may admit all evidence which possesses probative value, including hearsay, if it is the type of evidence upon which reasonable, prudent persons are accustomed to rely in the conduct of their serious affairs.”

— Wyo. Stat. § 16-3-108(c) — 5 cases

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). “Section 16-3-108, W.S.1977, guarantees a party the right to confront written testimony given by the other side.”

W. Radio Commc'ns, Inc. v. Two-Way Radio Serv., Inc., 718 P.2d 15 (Wyo. 1986).

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. § 16-3-108(d) — 9 cases

Gulf Oil Corp. v. Wyoming Oil & Gas Conservation Comm'n, 693 P.2d 227 (Wyo. 1985). “[5] The Commission took notice of the ramifications of the RARE II program, pursuant to § 16-3-108(d), W.S. 1977, of the Wyoming Administrative Procedure Act.”

Worker's Comp. Claim of Rodgers v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2006 WY 65 (Wyo. 2006). “[¶ 38] Wyo. Stat. Ann. § 16-3-108 (d) (LexisNexis 2005) addresses an agency fact finder’s authority to take notice of certain facts.”

Pederson v. State Ex Rel. Wyoming Workers' Comp. Div., 939 P.2d 740 (Wyo. 1997). “ef filed on behalf of the Division emphasizes, and we recognize, that the Order Setting Hearing and Order For Filing Disclosure Statement, sent to the parties on September 12,1995, some two months before the hearing, contained this statement: All parties are hereby given notice…”

Schulthess v. Carollo, 832 P.2d 552 (Wyo. 1992).

Campbell Cnty. v. Wyoming Cmty. Coll. Comm'n, 731 P.2d 1174 (Wyo. 1987).

— Wyo. Stat. § 16-3-108(g) — 1 case

Smith v. State ex rel. Wyoming Dep't of Transp., 11 P.3d 931 (Wyo. 2000).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.