CHAPTER 9

EVIDENTIARY HEARING PRACTICE AND PROCEDURE

  Section 1. NOTICE OF HEARING.

  (a) A medically contested case evidentiary hearing shall be set by Order Setting Hearing and Requiring Disclosure which shall provide the time, place and nature of the evidentiary hearing, the division's number assigned to the case, the legal authority and jurisdiction under which the evidentiary hearing is to be held, the particular sections of the statutes and the rules involved, the panel members who will hear the case, the access points if the case is to be heard via video conferencing, and a short and plain statement of the matters asserted. The order setting hearing shall be sent by mail or personally to all parties at least thirty (30) days before the date set for the evidentiary hearing.

  Section 2. ORDER OF PROCEDURE AT HEARING.

  (a) The evidentiary hearing shall be presided over by the executive secretary or his designee.

  As nearly as possible, evidentiary hearings shall be conducted in accordance with the following order of procedure:

  (b) The executive secretary shall conduct the hearing, shall announce that the hearing is convened, shall indicate the docket number and title of the case to be heard, and shall identify all parties present.

  (c) The executive secretary shall then take up any motions or preliminary matters to be heard.

  (d) Opening statements to briefly explain the party's position may be made or waived by the parties. Opening statements may be limited at the discretion of the executive secretary.

  (e) The party with the burden of proof will be the first to present evidence, all other parties being allowed to cross-examine in an orderly fashion. When the party with the burden of proof rests, other parties will then be allowed to present their evidence, again allowing for cross-examination. The members of the medical hearing panel may ask questions of any witness for the purpose of clarifying their understanding of the case. Rebuttal and surrebuttal evidence will be allowed only at the discretion of the executive secretary.

  (f) Closing statements may be made at the conclusion of the presentation of evidence by both parties. These statements may include summaries of the evidence and legal arguments. Closing statements may be limited in time at the discretion of the executive secretary. In appropriate circumstances, written closing statements may be ordered in lieu of oral arguments.

  (g) The executive secretary may ask for proposed findings of fact and conclusions of law from both parties, at a date established by the executive secretary.

  (h) After all proceedings have been concluded, the chairperson shall dismiss and excuse all parties and declare the hearing closed. The medical hearing panel may request parties to submit supplemental briefs or other evidentiary items after the hearing is closed and during consideration of the case. The executive secretary shall advise the parties that the final decision shall be announced within due and proper time following consideration of all matters presented at the hearing.

  Section 4. TELEPHONE CONFERENCES. At the discretion of the executive secretary, telephone conference calls may be used to conduct any hearing or other proceeding. At the discretion of the executive secretary, parties or their witnesses may be allowed to participate in hearings by telephone.

  Section 5. VIDEO CONFERENCES.

  (a) At the discretion of the executive secretary, video conferencing may be used to conduct any hearings or other proceeding. The access points for the video conferencing shall be appropriately designated in the order setting hearing.

  Section 6. RECORDING AND REPORT OF PROCEEDINGS. The presiding officer shall assure that a record of the proceedings is kept pursuant to W.S. §16-3-107(p). The proceedings, including all testimony shall be reported verbatim by any appropriate means, including audio or video or written record. A copy of such proceedings will be furnished to any party upon written request.

  Section 7. SPECIAL PROCEEDINGS.

  (a) Small Claims. Small claims hearings shall be conducted under the provisions of W.S. §27- 14-602(b)(i). For the purpose of considering an objection of a party that a matter be conducted as a small claims hearing, the executive secretary of the medical commission shall act as ‘hearing officer' or appoint presiding officer to act as ‘hearing officer.'