Wyoming Statutes

Wyo. Stat. § 16-3-109 (2026)

Contested cases; consideration of record;

✓ current as of May 2026

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exceptions to decision; briefs and oral argument.

The agency shall consider the whole record or any portion
stipulated to by the parties. In the event a recommended
decision is rendered all parties shall be afforded a reasonable
opportunity to file exceptions thereto which shall be deemed a
part of the record. All parties as a matter of right shall be
permitted to file a brief with the agency and oral argument
shall be allowed in the discretion of the agency.

Notes of Decisions

Cited in 3 cases, 1985–2014 · leading case: Emp. SEC. Com'n of Wyoming v. Bryant, 704 P.2d 1311 (Wyo. 1985).

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Emp. SEC. Com'n of Wyoming v. Bryant, 704 P.2d 1311 (Wyo. 1985). · cites it 10× “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 record or any portion stipulated to by the parties").”

Nelson v. Sheridan Manor, 939 P.2d 252 (Wyo. 1997). · cites it 2× “4; Wyo. Stat. § 16-3-109 (1990). Nelson counters it is “ludicrous” to require an objection to the hearing examiner’s use of the depositions at the contested case hearing because “she had no idea that the hearing officer would improperly use them * * We find this argument…”

Darryl Wadsworth v. Bd. of Trs. of Lincoln Cnty. Sch. Dist. No. Two, 2014 WY 7 (Wyo. 2014). · cites it 2× “Although section 16-3-109 does require that an agency consider the whole record, it does not require by its plain terms that the record review be performed by the ultimate decision maker.”

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