RULES OF PRACTICE AND PROCEDURE

BEFORE THE WYOMING LIVESTOCK BOARD OF THE STATE OF WYOMING

  Section 1. Authority. These rules are promulgated pursuant to W.S. §§ 11-18-103(v), 11- 19-103(g), 11-22-102 and 16-3-102(a)(i).

  Section 2. Scope.

  (a) These rules of practice and procedure govern the procedures by which the Wyoming Livestock Board may reach informed decisions with respect to appeals brought pursuant to W.S.11-19-103(g). These procedures provide a method by which an owner, or the agent of an owner, of animals affected by an order or other action of the Wyoming State Veterinarian issued or taken under Chapter 19 of Title 11 of the Wyoming statutes may appeal to the Wyoming Livestock Board. In addition, these rules govern how an aggrieved governmental entity may appeal to the Wyoming Livestock Board from an order or other action of the Wyoming State Veterinarian issued or taken under Chapter 19 of Title 11 of the Wyoming statutes.

  (b) These rules also govern all contested cases before the Wyoming Livestock Board where notice and opportunity for hearing is required by its rules and statutes.

  (c) These rules do not apply to decisions, actions or orders issued or taken by the Board, Director, Wyoming State Veterinarian or other Board employee where notice and opportunity for hearing is not required by the Board's rules or statutes.

  Section 3. Definitions.

  (a) "Board" means the Wyoming Livestock Board.

  (b) "Complainant" means: (i) an owner, or agent of an owner, of animals affected by an order, decision or other action of the Wyoming State Veterinarian issued or taken under Chapter 19 of Title 11 of the Wyoming statutes including any aggrieved governmental entity affected by such order, decision or other action; or (ii) any person that appeals an order, decision or other action issued or taken by the Wyoming State Veterinarian, Director or their designee where notice and opportunity for hearing is required by the Board's rules or statutes.

  (c) "Director" means the Director of the Wyoming Livestock Board who is the chief executive officer of the Board.

  (d) "Wyoming State Veterinarian" means a veterinarian who has been appointed state veterinarian by the Board pursuant to 11-18-103(a)(i).

  Section 4. Initiation of Appeal.

  (a) An appeal of an order, decision or other action issued or taken by the Wyoming State Veterinarian, Director or their designee shall be instituted by the Complainant by filing an appeal with the Board at its Cheyenne office within thirty (30) calendar days of the order, decision or other action, except that a quarantine may be appealed at any time during the quarantine. The thirty (30) calendar day appeal period begins on the day following the date of the order, decision or other action.

  (b) If the appeal is not filed with the Board at its Cheyenne office within thirty (30) calendar days of the order, decision or other action, the appeal shall be dismissed with prejudice for being untimely, except that a quarantine may be appealed at any time during the quarantine.

  (c) The appeal shall be in writing and shall set forth:

    (i) The name and address of the Complainant filing the appeal.

    (ii) The order, decision or action which is being appealed (attach the order or decision being appealed).

    (iii) A statement in ordinary, but concise language of the facts on which the appeal is based, including whenever possible particular reference to the statutes, rules or orders that the Complainant alleges have been violated.

    (iv) The name and address of the Complainant's attorney, if any.

    (v) A statement indicating whether the Complainant is requesting an informal hearing or whether the Complainant is requesting to proceed immediately to a formal contested case hearing. Requesting to proceed to an informal hearing is at the sole discretion of the Complainant.

  Section 5. Informal Hearing Process.

  (a) If the Complainant requests an informal hearing, the informal hearing shall be held before two (2) Board members who shall be selected by the Chairman of the Board or his designee.

  (b) The informal hearing is an opportunity for the parties to discuss the appeal, present their arguments and reach a negotiated settlement with the assistance of the two (2) selected Board members.

  (c) The informal hearing shall be held within forty five (45) days after the Complainant's request, however, the two (2) Board members shall have the discretion to extend this time period.

  (d) The informal hearing may be conducted by phone or in person.

  (e) Wyoming Rule of Evidence 408 will be applied to the informal hearing process.

  (f) During the informal hearing, the Complainant may be represented by his attorney and the Wyoming State Veterinarian, Director or their designee may be represented by an Assistant Attorney General.

  (g) If the parties are unable to reach a negotiated settlement within sixty (60) days after the Complainant's request for an informal hearing, the appeal shall proceed to a formal contested case hearing as outlined in Section 6 of these rules. The two (2) selected Board members shall have the discretion to extend this time period.

  (h) The Board members who participate in the informal hearing shall not sit on the Board during the formal contested case hearing nor participate in the Board's final decision and order.  The two selected Board members who participated in the informal hearing may not discuss the appeal with the remaining Board members until a final decision and order is issued following the formal contested case hearing.

  (i) There is no requirement that the Complainant participate in an informal hearing prior to requesting or participating in a formal contested case hearing.

  Section 6. Formal Contested Case Hearing Process.

  (a) If the Complainant requests a formal contested case hearing before the Board, the Board shall forward the appeal to the Office of Administrative Hearings.

  (b) The Office of Administrative Hearings shall act as the hearing officer and shall preside over the formal contested case hearing.

  (c) The Office of Administrative Hearings shall conduct the formal contested case hearing pursuant to the Wyoming Administrative Procedure Act and the Office of Administrative Hearings' rules concerning contested case proceedings.

  (d) The Complainant can either represent himself or have an attorney represent him during the formal contested case hearing.

  (e) An Assistant Attorney General shall represent the Wyoming State Veterinarian, Director or Director's designee during the formal contested case hearing.

  (f) At least a quorum of the Board shall be present during the formal contested case hearing.

  (g) During the formal contested case hearing, Board members may ask questions of the witnesses and/or the parties including their attorneys.

  (h) A court reporter shall be present during and report the entire formal contested case hearing.

  Section 7. Decision and Order.

  (a) Following the formal contested case hearing, the Board shall deliberate and announce its decision and order. The Board shall subsequently issue its decision and order in writing within the time frame prescribed by its statutes, rules or the Wyoming Administrative Procedure Act. If no time frame is prescribed, the Board shall issue its decision and order within forty five (45) calendar days following the conclusion of the formal contested case hearing.

  (b) The decision and order shall be adopted by a majority of the Board members present during the formal contested case hearing.

  Section 8. Appeals to District Court. Appeals to the District Court from decisions of the Wyoming Livestock Board are governed by W.S. 16-3-114, Rule 12 of the Wyoming Rules of Appellate Procedure and by W.S. 11-19-103(g)(iv).

  Section 9. Transcript in Case of Appeal. In case of an appeal to the District Court, the party appealing shall secure and file a transcript of the testimony and other evidence offered at the hearing with the Board, which transcript must be verified by the oath of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case. The cost of making the transcript shall be paid by the party appealing.