Wyoming Statutes

Wyo. Stat. § 16-3-112 (2026)

Contested cases; presiding officers;

✓ current as of May 2026
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qualifications; powers; outside personnel; hearing officers.

     (a) If not otherwise authorized by law there shall preside
at the taking of evidence in all contested cases the statutory
agency, one (1) or more members of the body which comprises the
agency, or an employee of the agency or an employee of another
agency designated by the agency to act as presiding officer. The
functions of all those presiding in contested cases shall be
conducted in an impartial manner. Any officer shall at any time
withdraw if he deems himself disqualified provided there are
other qualified presiding officers available to act.

     (b) Officers presiding at hearings shall have authority,
subject to the published rules of the agency and within its
power to:

            (i)    Administer oaths and affirmations;

            (ii)    Issue subpoenas;

            (iii)   Rule upon offers of proof and receive relevant
evidence;

          (iv) Take or cause depositions to be taken in
accordance with the provisions of this act and the rules of the
agency;

            (v)    Regulate the course of the hearing;

          (vi) Hold conferences for the settlement or
simplification of the issues;

            (vii)   Dispose of procedural requests or similar
matters;
          (viii) Make recommended decisions when directed to do
so by the agency; and

          (ix) Take any other action authorized by agency rules
consistent with this act.

     (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 to the agency such
personnel as may be necessary in order for the agency to
properly investigate, prepare, present and prosecute the
contested case before the agency. The attorney general upon the
receipt of the request shall promptly comply with same with no
charge being made against the requesting agency's appropriation
other than for travel and per diem expenses.

     (d) To the extent an agency utilizes an employee of
another agency (other than the staff of the attorney general) to
preside at a hearing or otherwise the salary of the employee
during the period of the employment and the expenses incurred by
the employee shall be charged against the appropriation of the
using agency.

     (e) When required by law an agency shall adopt rules and
regulations providing a procedure for the use and the selection
of an administrative hearing officer. An agency shall not
delegate the authority to make final decisions to an independent
administrative hearing officer unless required by law.
Notes of Decisions
Cited in 15 cases, 1983–2018 · leading case: Ririe v. Bd. of Trs. of Sch. Dist. No. One, 674 P.2d 214 (Wyo. 1983).
Ririe v. Bd. of Trs. of Sch. Dist. No. One, 674 P.2d 214 (Wyo. 1983). · cites it 16× “[2] Under § 21-7-108, a continuing contract teacher, upon timely request, is entitled to a hearing before the board with respect to the recommended termination.”
State Transp. Comm'n v. Ford, 844 P.2d 496 (Wyo. 1992). · cites it 12× “See Wyo.Stat. § 16-3-112 (1990). The Attorney General did not purport to act as the presiding officer but, rather, acted as a hearing officer or hearing advisor.”
Sheneman v. Div. of Workers' Saf. & Comp. Internal Hearing Unit, 956 P.2d 344 (Wyo. 1998). · cites it 6× “In addition, Wyo. Stat. § 16-3-112 provides: (a) If not otherwise authorized by law there shall preside at the taking of evidence in all contested cases the statutory agency, one (1) or more members of the body which comprises the agency, or an employee of the agency or an…”
Dorr v. Wyoming Bd. of Certified Pub. Accountants, 2001 WY 37 (Wyo. 2001). · cites it 2× “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…”
Price v. Hutchinson, 340 P.3d 1002 (Wyo. 2014). · cites it 5× “§ 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.”
State ex rel. Wyoming Workers' Comp. Div. v. Halstead, 795 P.2d 760 (Wyo. 1990). · cites it 5× “In this instance, if the hearing examiner is part of the Workers’ Compensation Division, as the agency, 4 she is acting incidental as subsidiary to the function of that agency *771 (making her recommendations to the agency for agency action as required by W.S. 16-3-112), and the…”
Veile v. Bryant, 2004 WY 107 (Wyo. 2004). · cites it 2× “W.S. § 16-3-112(c) allows the Wyoming Board of Embalming to utilize the attorney general's office to investigate, prepare, present and prosecute a contested case.”
Painter v. Abels, 998 P.2d 931 (Wyo. 2000). “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…”
Fair Hearing Request of RM v. Dep't of Fam. Servs., 953 P.2d 477 (Wyo. 1998). · cites it 3× “§ 16-3-112 (1997). The Motion for Reconsideration After the district court entered its judgment, the parents filed a motion for reconsideration pursuant to WYO.”
ANR Prod. Co. v. Wyoming Oil & Gas Conservation Comm'n, 800 P.2d 492 (Wyo. 1990). “At the September 13, 1988 hearing, Acting Chairman Gary Glass (Glass) and Commission members Howard M.”
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). · cites it 3× “Hearing Officer [¶17] In his second issue Price questions whether the Hearing Officer in this case violated Wyo. Stat. Ann. § 16-3-107 (k) and/or exceeded the powers of a Hearing Officer set forth in Wyo.”
Poll v. State Ex Rel. Dep't of Emp., Div. of Workers' Saf. & Comp., 963 P.2d 977 (Wyo. 1998). “§ 16-3-112 (1990) in Shene-man. The statute provides: (a) If not otherwise authorized by law there shall preside at the taking of evidence in all contested cases the statutory agency, one (1) or more members of the body which comprises the agency, or an employee of the agency or…”
— Wyo. Stat. § 16-3-112(a) — 9 cases
Ririe v. Bd. of Trs. of Sch. Dist. No. One, 674 P.2d 214 (Wyo. 1983). “[2] Under § 21-7-108, a continuing contract teacher, upon timely request, is entitled to a hearing before the board with respect to the recommended termination.”
Dorr v. Wyoming Bd. of Certified Pub. Accountants, 2001 WY 37 (Wyo. 2001). “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…”
Sheneman v. Div. of Workers' Saf. & Comp. Internal Hearing Unit, 956 P.2d 344 (Wyo. 1998). “In addition, Wyo. Stat. § 16-3-112 provides: (a) If not otherwise authorized by law there shall preside at the taking of evidence in all contested cases the statutory agency, one (1) or more members of the body which comprises the agency, or an employee of the agency or an…”
Painter v. Abels, 998 P.2d 931 (Wyo. 2000). “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…”
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. § 16-3-112(c) — 3 cases
Veile v. Bryant, 2004 WY 107 (Wyo. 2004). “W.S. § 16-3-112(c) allows the Wyoming Board of Embalming to utilize the attorney general's office to investigate, prepare, present and prosecute a contested case.”
State Transp. Comm'n v. Ford, 844 P.2d 496 (Wyo. 1992). “See Wyo.Stat. § 16-3-112 (1990). The Attorney General did not purport to act as the presiding officer but, rather, acted as a hearing officer or hearing advisor.”
Anderson v. State ex rel. Dep't of Health, 430 P.3d 1162 (Wyo. 2018).
— Wyo. Stat. § 16-3-112(e) — 4 cases
Ririe v. Bd. of Trs. of Sch. Dist. No. One, 674 P.2d 214 (Wyo. 1983). “[2] Under § 21-7-108, a continuing contract teacher, upon timely request, is entitled to a hearing before the board with respect to the recommended termination.”
State Transp. Comm'n v. Ford, 844 P.2d 496 (Wyo. 1992). “See Wyo.Stat. § 16-3-112 (1990). The Attorney General did not purport to act as the presiding officer but, rather, acted as a hearing officer or hearing advisor.”
State ex rel. Wyoming Workers' Comp. Div. v. Halstead, 795 P.2d 760 (Wyo. 1990). “In this instance, if the hearing examiner is part of the Workers’ Compensation Division, as the agency, 4 she is acting incidental as subsidiary to the function of that agency *771 (making her recommendations to the agency for agency action as required by W.S. 16-3-112), and the…”
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.