Chapter 1

Rules of Practice and Procedure Before the Board

 

 

 

Section 1.Authority.

 

These rules are promulgated under the authority granted by Wyoming Statute (W.S.) 36-2-104 and 16-3-103(j)(i) and (ii).

 

Section 2.Definitions.

 

(a)As used in all chapters:

 

(i)"Board" means the Board of Land Commissioners.

 

(ii)"Board matter" means a document presenting a proposed agency action to the Board.

 

(iii)"Director" means the Director of the Office of State Lands and Investments.

 

(iv)"Appellant" means any applicant who is appealing a decision of the Director.

 

(v)"Office" means the Office of State Lands and Investments.

 

(vi)"State lands" means all lands, including the surface and subsurface estates, under the jurisdiction of the Board of Land Commissioners.

 

Section 3.Meetings.

 

(a)The Board shall meet regularly on the first Thursday of each February, April, June, August, October, and December of each August. A regular meeting may be postponed or cancelled by the Governor.

 

(b)Special meetings may be called by the Governor upon proper notice to the Director and the other members of the Board and compliance with W.S. 16-4-404.

 

Section 4.Agenda.

 

(a)The Director shall prepare the agenda for meetings of the Board, compile all board matters and other information to be presented to the Board, and deliver the agenda, board matters, and other information to each member of the Board at least five (5) days prior to the meeting.

 

(b)The chairman may modify the sequence of the agenda at the meeting.

 

Section 5.Board Matters.

 

(a)The Director shall prepare a board matter, containing sufficient information to aid the Board's decision, for each agency action to be considered by the Board.

 

(b)Any member of the Board may direct the Director to prepare and present a board matter to the Board for its consideration.

 

(c)All board matters requesting action by the Board shall contain a recommendation from the Director for Board action.

 

(d) Any person may request the Director to place an issue on the agenda for consideration by the Board by supplying the Director with all relevant information at least ten (10) days before the meeting. In the event the Director denies placement of an issue on the Board agenda, copy of any written request shall be provided to the Board members at the time of the Director's decision.

 

(e)All board matters and other information not stamped "confidential" shall be made available for public inspection at the time they are distributed to the Board members.

 

Section 6.Appearances Before the Board.

 

(a)Pursuant to W.S. 16-3-107(k), any interested person may appear before the Board on a matter being considered by the Board.

 

(b)To preserve the orderly conduct of public business, the chairman may limit the time and nature of the appearance.

 

Section 7.Conflicting Application Appeals.

 

(a)A contested case, as defined by W.S. 16-3-101(b)(ii), shall be held upon the appeal of a decision of the Director in a case of conflicting applications to purchase, lease, enter, or otherwise acquire title to, interest in, benefits from, or use of the lands under the jurisdiction of the Board, as provided by W.S. 36-3-102(a).

 

(b)Any applicant affected by the Director's decision in a case of conflicting applications may appeal the Director's decision to the Board by filing, with the Office of State Lands and Investments, a notice of appeal setting forth:

 

(i)The name and address of the appellant and the name and address of the appellant's attorney, if any,

   

(ii)The decision of the Director being appealed,

   

(iii)The name and address of each applicant adversely claiming or affected,

   

(iv)The legal description of the land involved; and

   

(v)A statement in ordinary, concise language of the facts on which the appeal is based, including references to any statutes or rules allegedly violated by the Director's decision.

 

(c)Appeals of the Director's decision must be filed within thirty (30) days after the date of the notice from the Director apprising the applicants of the decision. An applicant who fails to appeal within thirty (30) days shall be deemed to have waived any right to a contested case hearing.

 

(d)The appellant shall serve a copy of the notice of appeal on all other conflicting applicants at the time the notice of appeal is filed.

 

Section 8.Lease Cancellation Proceedings.

 

(a)A contested case, as defined by W.S. 16-3-101(b)(ii), shall be held, if requested by the lessee, before the Board cancels any lease.

 

(b)A lease cancellation proceeding shall be commenced when the Director files a "request for cancellation" in the record. A request for cancellation shall:

 

(i)Identify the lease requested to be cancelled; and

   

(ii)Allege in ordinary, concise language, the facts and the law which form the grounds for the cancellation.

 

(c)Service. The Director shall serve a copy of the request for cancellation upon the lessee at least thirty (30) days before the Board acts on the request.

 

(d)Request for Hearing. The lessee shall have twenty (20) days from the date of service of the request for cancellation to request a hearing. The request shall be in writing to the Director. If no hearing is requested within the allowed time, the lessee shall be deemed to have waived the opportunity for a hearing and the Board shall proceed to consider the request for cancellation.

 

(e)Response.

 

(i)The lessee shall file a response to the request for cancellation by attaching the response to the request for hearing.

   

(ii)If the lessee fails to file a response with the request for hearing, the allegations contained in the request for cancellation shall be deemed true.

 

Section 9.General Procedures for Contested Cases.

 

The following procedures apply to proceedings under Section 7 and 8 of these rules.

 

(a)Role of the Director. In any contested case, the Director shall serve as the clerk of the Board, docketing the case and maintaining the record of all notices, motions, transcripts, and orders filed in the case. The Director shall defend his or her decisions in all contested cases.

 

(b)Disposition by Agreement. Any contested case may be finally disposed of by stipulation, consent order, or default of a party when approved by the Board. Any such disposition shall be made by order of the Board.

 

(c)The Director may forward any contested case to the Office of Administrative Hearings.

 

(d)Contested cases shall be conducted pursuant to the Office of Administrative Hearing's uniform rules pertaining to contested case proceedings.

(e)Findings of Fact, Conclusions of Law, Orders. At a regular meeting following service of the recommended decision and any written exceptions, the Board shall make and enter into the record a written order containing findings of fact and conclusions of law based upon the evidence in the record.  In addition, all matters that have been officially noticed by the Board and taken into consideration as a basis for its decision will be noted in that decision. Decisions, findings of fact, conclusions of law, and orders issued by the Board will be filed with the Director and constitute the final administrative decision in the contested case. The Director shall send a copy of any order to all parties within five (5) days of receipt.

 

Section 10.Incorporation by Reference. 

 

(a)The Board hereby incorporates by reference the following uniform rules:

 

(i)Chapter 2 - Uniform Rules for Contested Case Practice and Procedure adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at: https://rules.wyo.gov.

(ii)Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https://rules.wyo.gov.

 

(b)For these rules incorporated by reference:

(i)The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii)The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsections (a)(i) and (a)(ii) of this section; and

(iii)The incorporated rules are maintained at the Office and are available for public inspection and copying at the same location.