Wyoming Statutes
Wyo. Stat. § 16-3-111 (2026)
Contested cases; limitations on consultations
✓ current as of May 2026
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and participations. Unless required for the disposition of ex parte matters authorized by law, members of the agency, employees presiding at a hearing in a contested case and employees assisting the foregoing persons in compiling, evaluating and analyzing the record in a contested case or in writing a decision in a contested case shall not directly or indirectly in connection with any issue in the case consult with any person other than an agency member, officer, contract consultant or employee or other state or federal employee, any party other than the agency or with any agency employee, contract consultant or other state or federal employee who was engaged in the investigation, preparation, presentation or prosecution of the case except upon notice and opportunity for all parties to participate. Nothing herein contained precludes any agency member from consulting with other members of the agency. No officer, employee, contract consultant, federal employee or agent who has participated in the investigation, preparation, presentation or prosecution of a contested case shall be in that or a factually related case participate or advise in the decision, recommended decision or agency review of the decision, or be consulted in connection therewith except as witness or counsel in public proceedings. A staff member is not disqualified from participating or advising in the decision, recommended decision or agency review because he has participated in the presentation of the case in the event the staff member does not assert or have an adversary position.
Notes of Decisions
Cited in 6
cases, 1986–2013 · leading case: Westates Constr. Co. v. Sheridan Cnty. Sch. Dist. No. 2, Bd. of Trs., 719 P.2d 1366 (Wyo. 1986).
Westates Constr. Co. v. Sheridan Cnty. Sch. Dist. No. 2, Bd. of Trs., 719 P.2d 1366 (Wyo. 1986). “(Westates) to be considered as the bidder on a proposed contract for school construction was determined requires reversal of the decision of the Board pursuant to the Wyoming Administrative Procedure Act, specifically § 16-3-111, W.S. 1977, as amended, or the concepts of due…”
Basin Elec. Power Coop., Inc. v. Dep't of Revenue, 970 P.2d 841 (Wyo. 1998). “Wyo. Stat. § 16-3-111 (1997) provides, in pertinent part: No officer, employee, contract consultant, federal employee or agent who has participated in the investigation, preparation, presentation or prosecution of a contested case shall be in that or a factually related case…”
State Transp. Comm'n v. Ford, 844 P.2d 496 (Wyo. 1992). “See Wyo.Stat. § 16-3-111 (1990). The Legislature recently created the office of administrative hearings, and that should serve to relieve the concerns we have expressed above, as well as the need, or the perceived need, for the Attorney General to perform the functions of the…”
In the Matter of the Worker's Comp. Claim Of: Marty D. McIntosh v. State of Wyoming ex rel. Wyoming Workers' Saf. & Comp. Div., 2013 WY 135 (Wyo. 2013). “§ 16-3-111 (LexisNexis 2013) (persons that have taken part in the investigation of a contested administrative case cannot participate or advise in the decision exeept as counsel or a witness in public proceedings); McMasters, supra; Dep't of Workforce Servs.”
State ex rel. Wyoming Workers' Comp. Div. v. Halstead, 795 P.2d 760 (Wyo. 1990). ““(c) In all contested cases to the extent that it is necessary in order to obtain compliance with W.S. 16-3-111 the agency (excepting county and municipal agencies'and political .”
State Ex Rel. Wyoming Workers'comp. Div. v. Halstead, 795 P.2d 760 (Wyo. 1990). “"(c) In all contested cases to the extent that it is necessary in order to obtain compliance with W.S. 16-3-111 the agency (excepting county and municipal agencies and political subdivisions on the county and local level) may request the office of the attorney general to furnish…”
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