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25LSO-0525
2025
STATE OF WYOMING
25LSO-0525
Numbered
2.0
HOUSE BILL NO. HB0120
Administrative procedure-jury trial for penalties.
Sponsored by: Representative(s) Strock, Allemand, Campbell, K, Lien, Ottman, Singh and Smith, S and Senator(s) Boner and Hutchings
A BILL
for
AN ACT relating to administrative procedure; authorizing jury trials in contested case hearings in specified circumstances; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 16
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3
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116 is created to read:
16
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3
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116.
Contested cases and license hearings; right to a jury trial.
(a)
In any contested case under this act where a person is subject to any sanction of not less than twenty dollars ($20.00), is subject to the loss or deprivation of a significant liberty interest or is subject to a denial, suspension, annulment, withdrawal or revocation of a license, the person may request a trial by jury at the contested case hearing. The person making a request under this subsection shall provide notice to all parties to the contested case.
(b)
The presiding officer appointed to the contested case shall preside over the jury trial. Upon receiving a request for a jury trial under this section, the presiding officer shall empanel a jury before proceeding with the contested case hearing. A jury empaneled under this act shall be composed of six (6) persons. The presiding officer may request that the clerk of the appropriate court summon jurors from the base jury list prepared under W.S. 1
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129 and 1
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106 to serve in a jury trial under this act. Jurors selected to serve on a jury under this act shall be entitled to the same fees and mileage specified in W.S. 1
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301 through 1
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304.
(c)
Jury trials held under this act shall be held in accordance with the Code of Civil Procedure and the Wyoming rules of civil procedure. In conducting jury trials under this act, the presiding officer appointed to the contested case shall exercise and perform the same functions, powers and duties as are prescribed for both the judge and the clerk of the district court in W.S. 1
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101 through 1
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401, insofar as practicable. For purposes of this act, all references in the applicable statutes or rules of civil procedure to:
(i)
"Court" shall be deemed a reference to the presiding officer of the contested case;
(ii)
"Trial" shall be deemed a reference to "hearing" or "contested case hearing";
(iii)
"Plaintiff" shall be deemed a reference to the person requesting the jury trial under this act.
(d)
The decision of the jury in a contested case hearing shall serve as the final decision of the contested case.
Section 2.
W.S. 1
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104(b)(i), 1
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106(a), 16
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101(b)(xiii), 16
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107(b) by creating a new paragraph (v), 16
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109, 16
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110, 16
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112(a), (b)(intro), (viii), by creating a new paragraph (ix), by renumbering (ix) as (x) and (c), 16
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113(c) and 16
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114 by creating a new subsection (d) are amended to read:
1
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11
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104.
Causes for excusal.
(b)
For the purposes of this section:
(i)
A person has served on a jury during a jury term when he is summoned to serve and he has been selected as a juror in any court within the judicial district
or as a juror in any contested case hearing under the Wyoming Administrative Procedure Act
and has taken the oath required under W.S. 1
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201;
1
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11
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106.
Jury lists; preparation of base jury lists; selecting jury panel; certificate and summons.
(a)
The list of persons selected to serve as prospective trial jurors, compiled pursuant to W.S. 1
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129, is the base jury list for the district court
,
and
the circuit court
and for jury trials for contested case hearings under the Wyoming Administrative Procedure Act
for the jury term set by each court
or set by the office of administrative hearings
.
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3
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101.
Short title; definitions.
(b)
As used in this act:
(xiii)
"This act" means W.S. 16
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101 through
16
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3
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115
16
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3
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116
.
16
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3
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107.
Contested cases; general procedure.
(b)
The notice shall include a statement of:
(v)
The right to request a jury trial, if the contested case subjects the person to any sanction of not less than twenty dollars ($20.00), the loss or deprivation of a significant liberty interest or a denial, suspension, annulment, withdrawal or revocation of a license. Any statement included in the notice under this paragraph shall also provide that a person may waive the right to a jury trial and that the right to a jury trial shall be waived if the person fails to make a timely request for a jury trial under W.S. 16
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116.
16
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3
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109.
Contested cases; consideration of record; exceptions to decision; briefs and oral argument.
The agency
or, if a jury is empaneled under this act, the jury
shall consider the whole record or any portion stipulated to by the parties.
For matters considered before a presiding officer only, i
n the event a recommended decision is rendered all parties shall be afforded a reasonable opportunity to file exceptions thereto which shall be deemed a part of the record. All parties as a matter of right shall be permitted to file a brief with the agency and oral argument shall be allowed in the discretion of the agency.
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110.
Contested cases; final decision; contents; notification.
(a)
Subject to subsection (b) of this section, a
final decision or order adverse to a party in a contested case shall be in writing or dictated into the record. The final decision shall include findings of fact and conclusions of law separately stated. Findings of fact if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(b)
In jury trials commenced under this act, the jury's findings and decision shall be the final decision of the contested case. Upon receiving the jury's findings and decision, the presiding officer shall enter a written order reflecting the jury's findings and decision.
(c)
Parties shall be notified either personally or by mail of any decision or order. A copy of the decision and order shall be delivered or mailed forthwith to each party or to his attorney of record.
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112.
Contested cases; presiding officers; 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.
For all jury trials commenced under this act, the presiding officer shall be an employee of the office of administrative hearings.
(b)
Officers presiding at hearings shall have authority, subject to the published rules of the agency and within its power to
perform any of the following
:
(viii)
Make recommended decisions when directed to do so by the agency;
and
(ix)
Empanel a jury and administer necessary oaths and affirmations to constitute a jury;
(ix)
(x)
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
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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
or before a jury
. 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.
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113.
License hearings.
(c)
No revocation, suspension, annulment or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action,
the notice provides that the licensee may request a jury trial under this act
and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. A cancellation of a driver's license pursuant to W.S. 31
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121(c) shall not be valid until the department of transportation gives notice by mail to the licensee of the facts which warrant the intended action and provides the licensee with an opportunity to provide additional evidence or information with respect to the condition at issue within fifteen (15) days of the mailing of the notice. These proceedings shall be promptly instituted and determined.
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114.
Judicial review of agency actions; district courts.
(d)
Review of agency actions taken after a jury trial under this act shall be conducted in accordance with subsections (a) and (b) of this section and any rules promulgated by the supreme court.
Section 3
.
This act shall apply to all contested cases commenced on and after July 1, 2025. Nothing in this act shall be construed to grant the right to a jury trial for all contested cases for which a contested case or hearing was commenced or completed before July 1, 2025.
Section 4
.
This act is effective July 1, 2025
.
(END)
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HB0120