WYOMING WATER DEVELOPMENT COMMISSION
RULES AND REGULATIONS
CHAPTER I
GENERAL PROVISIONS
Section 1. Wyoming Water Development Commission. The Wyoming Water Development Commission was established by Section 41-2-117, W.S. 1977, as amended, and has the powers and duties established in other related legislation.
Section 2 Authority. These rules are promulgated as authorized by the Wyoming Administrative Procedure Act, W.S. 16-3-101 to 16-3-115 and the provisions of law creating the Wyoming Water Development Commission, specifically, W.S. 41-2-118(a)(vii) which mandates the adoption of rules and regulations to implement the provisions of W.S. 41-1-106 through 41-1-108, 41-2-107 through 41-2-118 or other provisions of law subsequently enacted.
Section 3. Officers.
Officers of the Commission shall include a chairman, vice-chairman,
and a secretary, who shall be elected annually from among the membership of the
Commission at the first meeting in April or and after the qualification of any newly-appointed
members.
Section 4. Definitions. The following definitions shall prevail in these rules:
(a) “Commission” means the Wyoming Water Development Commission.
(b) “Chairman” means the duly elected chairman of the Wyoming Water Development Commission.
(c) “Secretary” means the duly elected secretary of the Wyoming Water Development Commission.
(d) “Director” means the director of the Wyoming Water Development Office.
(e) “Water Project” means any dam, reservoir, pipeline, canal, ditch, well or well field, hydro-electric power plant, regulatory work and all works and facilities necessary for the supply and utilization of water for beneficial uses, including the improvement of any feature, facility, function or portion of a project.
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CHAPTER II
MEETINGS
Section 1. Meetings.
The Commission shall, as provided by law, hold at least one meeting each
quarter, which meetings shall be called by the Chairman after consultation and coordination with the Director
and other members of the Commission. Special meetings may be called by the
Chairman, by a majority of members of the Commission, or at
the direction of the Governor.
Section 2. Place of Meetings. Unless otherwise designated in the call of a meeting, each meeting shall be held in Cheyenne, Wyoming.
Section 3. Quorum and Manner of Acting. Six members of the Commission shall constitute a quorum for transaction of business at any meeting of the Commission.
Section 4. Majority for Approval of Actions. A majority vote of the members of the Commission present at the meeting shall be required for approval of any actions of the Commission.
Section 5. Agenda.
The agenda shall be prepared under the direction of the Chairman for each meeting of the Commission. Copies of the
draft agenda and other available data shall be mailed to Commission members
before each meeting. Commissioners and the Director may add items for formal
action to the agenda if those items are added prior to the publication of the
agenda. Matters relating to contracts and amendments need not be included in
the published agenda. The agenda shall include a “Miscellaneous” item for discussion
of items not specifically on the agenda. However, the Chair shall not allow
formal action of items discussion under the “Miscellaneous” item as the topics
will not have been noticed in the published agenda.
Section 6. Minutes.
Minutes of the meeting shall be prepared under the supervision and direction of
the Secretary, submitted at the next meeting of the Commission for approval,
and, upon Commission approval, signed by the Secretary. In the absence of the
Secretary, the Chairman may designate another Commission member to sign the
minutes.
Section 7. Rules of Order. Any matter of procedure or conduct not specifically provided for by state law or by rules and regulations of the Commission shall be governed by Robert’s Rules of Order Revised, Latest Edition.
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CHAPTER III
ADMINISTRATION
Section 1. Director. The Director serves at the pleasure of the Governor, is the chief executive officer to the Commission, administers the organization and operation of the Wyoming Water Development Office staff, and carries out the program of the Commission in its policies and at its meetings.
Section 2. Employment
of Personnel. The Director shall, subject to advice of the Commission, hire and staff personnel.
Section 32. Signing of Contracts. All contracts, agreements,
memorandums or understanding, or other documents of the Commission shall be
signed by the Chairman and attested by the Secretary when authorized by the
Commission, except that the Vice-Chairman
shall sign if the Chairman is not
available and an Acting Secretary may sign if the Secretary is not available.
The Director may sign contracts if so authorized by the Commission.
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CHAPTER IV
PUBLIC MEETINGS
Section 1. Holding of
Public Meetings. Public meetings may be held by the Commission for the
purposes of providing information to or soliciting input from the public on a
specific project or program issue. Public meetings provided for in this
chapter are not intended to meet the requirements of W.S. 41-2-114(b)(iii) and
41-2-115. Nothing contained in these rules shall be construed as prohibiting
the Commission or the Director from holding informational proceedings, meetings
or conferences deemed by
the Commission to be necessary in the
performance of their duties.
(a) Membership Present. Each informational meeting shall be attended by sufficient Wyoming Water Development Office personnel to answer questions and record comments from those who attend. Commission member attendance is not mandatory; however, at least one Commission member for the water district in which the project is located should attempt to be present.
(b) Notice. Notice of the meeting shall be published not less than once each week for two weeks prior to the meeting.
(c) Record. The record of all public meetings shall include formal and informal notices; any written comments, statements, or exhibits received; and other pertinent data. The record shall also include recorded testimony, or a memorandum to the file summarizing the views and comments presented at the meeting.
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CHAPTER V
PUBLIC HEARINGS
Section 1. Holding of
Hearings. Public hearings shall be held by the Commission, for any of the
purposes provided in W.S. 41-2-114 (b)(iii) and 41-2-115. Nothing contained in
these rules shall be construed as prohibiting the Commission or the Director
from holding informational proceedings, meetings or conferences deemed by the Commission to be necessary in the performance of their duties.
(a)
Membership Present. Each
public hearing required by the law should shall be attended by at least one member of the Commission,
unless the Commission determines that a greater number should shall be present. One member of the Commission as designated by the
Chairman shall be the presiding
officer at such hearing. The Director or his designate may serve as the
presiding officer if there are no Commissioners present. The Director or
his designate(s) shall attend each hearing.
(b) Notice of Hearing. When the Commission has established an
appropriate time and place for such a hearing, the Director shall arrange for a paid notice of the hearing to be published in a newspaper or newspapers of general circulation in the area affected by the water project to be considered at the hearing. Such notice shall contain sufficient detail to inform interested parties of the time, location and subject of the hearing, and shall be published not less than once each week for three weeks prior to the hearing.
(c) Conduct of Hearings. At the hearing, any person will be allowed to present evidence, comments or opinions. The hearing shall not be considered a contested case.
(i) The
Chairman
or the duly designated presiding
officer shall announce that the hearing is open and call the proposed water
project or other matter to be heard.
(ii) The Director or his designate(s) will present the details of the project involved or the matter for which the hearing was called.
(iii) The
Chairman presiding officer may allow, in his
discretion, testimony to be offered in any order.
(iv)
Time for presentations may be limited by the Chairman, or the presiding officer.
(v)
The Chairman
or presiding officer may recess the
hearing as required.
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(vi) After all interested parties have been offered the
opportunity to be heard, the Chairman or the presiding officer shall declare the hearings closed
and excuse all witnesses or interested parties. The matter may be reopened at
a later date, for good cause shown, by order of the Commission upon motion
by a party or on the Commission’s own motion presiding officer.
(vii) The
Chairman
or hearing presiding officer
shall declare that the matter is taken under advisement and that the decision
of the Commission will be announced at a later date.
(c) Legal Counsel. In all matters before the Commission, the
Commission may request the Attorney General of the State of Wyoming or a representative of his staff to be present throughout the hearing.
(d) Reporting of Testimony. All hearings, including all testimony, shall be reported verbatim by a competent reporter or by an electronic recording. The compensation of the reporter shall be paid as required by law and as ordered by the Commission. If a transcript of testimony is required by the Commission, the cost thereof shall be paid by the Commission or as otherwise provided by law. The Commission may direct any party or parties to assume the cost of the transcript if transcribed at his or their request.
(e) Record
of Hearing. The record of all hearings shall include all formal and informal
notices; reported or recorded testimony and exhibits received or considered,
including matters officially noticed; any other pertinent data; and the
Commission’s recommendation to the Governor and the Legislature and its final report.
(f) Action on Water Projects. Within ninety (90) days after a public hearing on a water project, the Commission shall take action on the proposed water project and submit findings and recommendations to the Legislature, together with a draft of any proposed legislation.
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CHAPTER VI
PUBLIC RECORDS REQUESTS
Section 1. Right to Inspect and Copy Public Records. The public records of the Commission are open to inspection as provided by W.S. 16-4-201 through 16-4-205. Requests for access to the public records of the Commission must be made in writing to the Director by the person who has the right to inspect and copy the public records.
Section 2. Custody and Control of Public Records. All inspections, copies, printouts or photographs of the public records of the Commission shall be made while the records are in the possession, custody and control of the Director or his designee.
Section 3. Fees and Charges.
(a) When practical copies shall be made by Commission staff at the Commission’s office. The following fees and charges shall apply for copies made by Commission staff at the Commission’s office:
Photocopy Charges......................................... $0.50 per page for the first 10 pages and $0.25 per page for each addition page. The minimum charge for photocopies is $3.00
Employee Time Employee time shall be assessed at $15.00 per hour for clerical time and $30.00 per hour for professional time
Electronic Format Costs of producing a copy, costs of constructing the record, including costs of programming and computer service shall be assessed at $40.00 per hour. If the request requires Wyoming State Mainframe use to retrieve or compile information, the requestor shall also pay the costs billed to the Commission by the Department of Administration and Information for use of the State’s Mainframe.
(b) If it is impractical or the Commission does not have the staff or facilities available for making copies, printouts or photographs of the requested public records, the Director or his designee shall make arrangements for copies to be made by a commercial vendor. If a commercial vendor is used, the cost of providing copies shall be paid by the person desiring the copies, printouts or photographs of the records.
(c) Postage and handling, if necessary, will be assessed at the cost of the postage and mail cartons or packages.
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CHAPTER VI
CONTESTED
CASE HEARINGS
Section 1. Definitions.
The following definitions, in addition to those set forth in Chapter I, Section
4, shall apply:
(a) “Contestant”
shall mean any person who initiates a contested case, defined by the Wyoming
Administrative Procedure Act (W.S. 16-3-101 through 16-3-115, 1977) before the
Commission.
(b) “Contestee”
shall mean the person or agency adverse to the petition of contestant or
opposing said petition.
Section 2. Contested
Cases. Contested cases shall be conducted in accordance with the provisions of
the Wyoming Administrative Procedure Act (W.S. 16-3-101 through 16-3-115, 1977)
and this chapter.
Section 3. Request
for Hearing. Any contestant desiring a contested case hearing must file with
the Secretary of the Commission, at the Commission office in Cheyenne, Wyoming, a written petition, setting forth the following:
(a) The
name and address of the contestant and the name and address of his attorney, if
any.
(b) The
name and address of each contestee.
(c) A
statement on ordinary, concise language of the facts on which the request is
based, specifically stating the facts and dates involved, including reference
to particular laws or rules involved, and the legal authority conferring
jurisdiction on the Commission to conduct the requested contested case hearing.
(d) A
request for a hearing.
Section 4. Time
for Filing Request for Hearing. The petition for a hearing shall, if based
upon a ruling, decision, or order of the Commission, be filed within thirty
(30) days of the date of such ruling, decision or order unless otherwise
provided by law, if based upon actions other than those by the Commission or
its staff, such petition shall be filed within sixty(60) days of such action
unless otherwise provided by law.
Section 5. Notice
of Contestee. Within thirty (30) days after receipt of the petition, the
Secretary shall serve a copy of such petition upon the Contestee, be certified
mail with return receipt, personally, or as otherwise provided herein.
Section 6. Reply
of Contestee. Contestee shall serve an answer or other response to the
petition by mailing a copy thereof to the contestant and by filing a copy of
said answer or other response with the secretary, at the Commission office in Cheyenne, Wyoming, within Twenty (20) days of service of the Petition on contestee, by the
secretary.
Section 7. Service
of Petition. Service of the petition filed herein shall be deemed made as of
the date of receipt, if mailed or as of the date of service in person. Service
of all other documents shall be made and proved in the manner provided in Rule
5, W.R.C.P.
Section 8. Service
by Publication. Service by publication may be approved by order of the
Commission or the hearing officer for the reasons provided for service by
publication in Rule 4, W.R.C.P. and in a manner consistent with that rule.
Section 9. Notice
of Hearing. The Commission shall cause written notice of any hearing held
under these rules to be served upon all parties at least twenty (20) days prior
to the date set for the hearing. Such notice shall include a statement of:
(a) The
time, place and nature of the hearing.
(b) The
legal authority and jurisdiction under which the hearing is to be held.
(c) Such
other matters as may be required by the Wyoming
Administrative Procedures Act.
Section 10. Service
of Notice. Service may be made by publication by order of the Commission or
hearing officer or either personally or by certified or registered mail as
follows:
(a) Personally:
Said service, if made by Sheriff, or other official, shall be made in the
manner prescribed by the Wyoming Rules of Civil Procedure. Said service may be
made by any person, not an officer, who is of lawful age, and not a party in
interest. The return of said service shall be made by certification of the
officer who made such service, or if made by a person other than an officer, by
his affidavit. Such return of service must be filed with the Commission prior
to the commencement of the hearing.
(b) By
certified or registered mail to the last known address of the party.
Section 11. Intervention.
The Commission may permit a person who was not named in the petition to
intervene in the contested case for good cause shown providing such
intervention does not prejudice the rights of existing parties or unduly delay
the proceedings.
Section
12. Docket. When a proceeding is instituted by the filing of a petition,
the secretary shall assign it a number and enter the proceedings, with the date
of its filing, on a separate page of a docket provided for such purpose. The
secretary shall establish a separate file for each docketed case, in which
shall be systematically placed, all papers, pleadings, documents, transcripts
and evidence pertaining thereto and all such items shall have noted thereon,
the docket number assigned, and the date of filing.
Section
13. Appointment of Hearing Officer. The Chairman may appoint another
member of the Commission to preside as Hearing Officer. In such case, the word
“Chairman” when used in this chapter shall also mean “hearing officer”.
Section
14. Disposition of Case by Stipulation. Any case may be finally disposed
of by stipulation, agreed settlement, consent, order of default of the parties,
approved by the Commission. An appropriate order accordingly shall be entered
in the case record.
Section
15. Continuance. For good cause shown, continuances and extensions of
time may be granted or denied in the discretion of the Commission, provided
that except where both parties agree, no continuance shall be granted which
shall extend the time for hearing beyond the time in which such hearing must be
held as provided by law.
Section
16. Pre-hearing Conference. At a time on or before the day of the
hearing, the Chairman may direct the attorneys for the parties to appear before
the Commission to consider:
(a) The
simplification of the issues
(b) The
necessity or desirability of amending the pleadings
(c) The
possibility of obtaining admissions of fact and of documents which will avoid
unnecessary proof.
(d) Such
other matters as may aid in the disposition of the case. Such conferences
shall be conducted informally. A memorandum will be prepared which recites the
actions taken at the conference, amendments allowed, agreements of the parties
and limitation of the issues to those indisposed of by admissions or agreements
of counsel and the parties. The pre-hearing memorandum will control the course
of the hearing unless modified by the Commission to prevefint manifest
injustice.
Section
17. Subpoenas. The Chairman or Secretary of the Commission, upon written
application of any party or his attorney, shall issue a subpoena requiring the
appearance of witnesses for the purpose of taking evidence or documents
relevant or material to the inquiry, all subject to the provisions of Section
16-3-107, Wyoming Statutes, 1977.
Section
18. Order of Procedure at Hearing. As nearly as may be, hearing shall be
conducted in accordance with the following order of procedure.
(a)
The Chairman shall announce that the hearing is convened upon the call of the
docket number and title of the matter and case to be heard and then the
Chairman shall direct the reading into the record of the order or petition of
the Commission, or other action involved in the petition, together with
appearances in the form of answers or any other appearance made by any
contestee, and shall not for the record all the subpoenas issued and all
appearances of record, including contestees, and their counsels of record.
(b)
The parties will be allowed opening statements to briefly explain their
positions to the Commission and outline evidence they propose to offer,
together with the purpose thereof.
(c) The
Commission or the Director may make an opening statement.
(d)
The parties’ evidence will be heard. Witnesses may be cross-examined by
the opposing party or his attorney and by members of the Commission and legal
counsel for the Commission. The contestant’s offered exhibits will be marked
by letters of the alphabet, beginning with “A”. The contestees’ exhibits will
be marked the numbers.
(e) The
Commission may introduce any evidence necessary on behalf of the Commission,
and exhibits of the Commission will be marked with double letters of the
alphabet beginning with “AA”. Members of the Commission may examine
witnesses. Witnesses may be cross-examined by the contestant and the attorney
for any other party.
(f)
Closing arguments will be made in the manner set by the Commission or
the hearing officer.
(g)
After all interested parties have been offered an opportunity to be
heard, the Chairman shall declare the evidence closed and excuse all
witnesses. The evidence if the case may reopened at a later date, for good
cause shown, by order of the Commission upon motion of any party to the
proceeding, the Chairman, or the Commission itself.
(h) All
parties as a matter of right shall be permitted to file a brief with the
Commission. The Commission or hearing officer may prescribe the form and
maximum length of any brief. At its discretion, the Commission or hearing
officer may call for additional briefs as may be desirable.
Section
19. Witnesses at Hearing to be Sworn. All persons testifying at any hearing
before the Commission shall stand and be administered the following oath or
affirmation by a member of the Commission:
“Do
you swear (or affirm) to tell the truth, the whole truth, and nothing by the
truth in the matter now before the Commission, so help you God?”
No
testimony will be received from a witness except under such oath or
affirmation.
Section
20. Attorneys. The filing of a pleading or other appearance by an
attorney constitutes his appearance for the party for whom made. The Commission
must be notified in writing of his withdrawal from any matter. Any person
appearing before the Commission at a hearing in a representative capacity shall
be precluded from examining or cross-examining any witness, unless such person
shall be an attorney licensed to practice law in the State of Wyoming, or a
non-resident attorney associated with a Wyoming attorney. This rule shall not
be construed to prohibit any person from representing himself before the
Commission.
Section
21. Attorney General to Present. In all contested case hearings before
the Commission, the Chairman shall request the Attorney General or a member of
his staff to be present throughout the hearing to assist and advise the officer
conducting the hearing.
Section
22. Taking of Testimony – Reporter. In all hearings, the proceedings,
including all testimony, shall be reported verbatim, stenographically or by any
other appropriate means determined by the Commission or the officer presiding
at the hearing.
Section
23. Decisions, Findings of Fact, Conclusions of Law, Orders. The
Commission, following a full and complete hearing, shall make and enter a
written decision and order containing findings of fact and conclusions of law
based upon the evidence, both testimonial and documentary, introduced and
admitted during the course of the hearing. In addition, all matter which have
been officially noticed by the Commission will be taken into consideration as a
basis for making findings of fact and conclusions of law, separately stated.
Such decision, findings of fact and conclusions of law, and the order shall be
filed with the Secretary and will, without further action, become the decision,
findings of fact, conclusions of law and order based upon the hearing. The
Secretary shall upon receipt of any decision and order send a copy to parties
involved by certified mail, postage prepaid.
Section
24. Members of Commission Present. No member of the Commission shall vote
upon a decision of the Commission unless he shall have been present at the
hearing or has read the transcript of the proceedings. The vote of the
Commission shall be shown in its decision, i.e., 10-0; 6-4; 6-0, 4 not
participating, etc.
Section
25. Appeal to the District Court. Appeals to the District Court from
decisions of the Commission may be taken in the manner described by the Wyoming
Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.
Section
26. Standard of Conduct. Contemptuous conduct by any person at a hearing
shall be grounds for exclusion from the hearing be the hearing officer.
WYOMING WATER DEVELOPMENT COMMISSION
RULES AND REGULATIONS
CHAPTER I
GENERAL PROVISIONS
Section 1. Wyoming Water Development Commission. The Wyoming Water Development Commission was established by Section 41-2-117, W.S. 1977, as amended, and has the powers and duties established in other related legislation.
Section 2 Authority. These rules are promulgated as authorized by the Wyoming Administrative Procedure Act, W.S. 16-3-101 to 16-3-115 and the provisions of law creating the Wyoming Water Development Commission, specifically, W.S. 41-2-118(a)(vii) which mandates the adoption of rules and regulations to implement the provisions of W.S. 41-1-106 through 41-1-108, 41-2-107 through 41-2-118 or other provisions of law subsequently enacted.
Section 3. Officers.
Officers of the Commission shall include a chairman, vice-chairman,
and a secretary, who shall be elected annually from among the membership of the
Commission at the first meeting and after the qualification of any newly-appointed
members.
Section 4. Definitions. The following definitions shall prevail in these rules:
(a) “Commission” means the Wyoming Water Development Commission.
(b) “Chair” means the duly elected chair of the Wyoming Water Development Commission.
(c) “Secretary” means the duly elected secretary of the Wyoming Water Development Commission.
(d) “Director” means the director of the Wyoming Water Development Office.
(e) “Water Project” means any dam, reservoir, pipeline, canal, ditch, well or well field, hydro-electric power plant, regulatory work and all works and facilities necessary for the supply and utilization of water for beneficial uses, including the improvement of any feature, facility, function or portion of a project.
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CHAPTER II
MEETINGS
Section 1. Meetings. The Commission shall, as provided by law, hold at least one meeting each quarter, which meetings shall be called by the Chair after consultation and coordination with the Director and other members of the Commission. Special meetings may be called by the Chair, by a majority of members of the Commission, or at the direction of the Governor.
Section 2. Place of Meetings. Unless otherwise designated in the call of a meeting, each meeting shall be held in Cheyenne, Wyoming.
Section 3. Quorum and Manner of Acting. Six members of the Commission shall constitute a quorum for transaction of business at any meeting of the Commission.
Section 4. Majority for Approval of Actions. A majority vote of the members of the Commission present at the meeting shall be required for approval of any actions of the Commission.
Section 5. Agenda. The agenda shall be prepared under the direction of the Chair for each meeting of the Commission. Copies of the draft agenda and other available data shall be mailed to Commission members before each meeting. Commissioners and the Director may add items for formal action to the agenda if those items are added prior to the publication of the agenda. Matters relating to contracts and amendments need not be included in the published agenda. The agenda shall include a “Miscellaneous” item for discussion of items not specifically on the agenda. However, the Chair shall not allow formal action of items discussion under the “Miscellaneous” item as the topics will not have been noticed in the published agenda.
Section 6. Minutes. Minutes of the meeting shall be prepared under the supervision and direction of the Secretary, submitted at the next meeting of the Commission for approval, and, upon Commission approval, signed by the Secretary. In the absence of the Secretary, the Chair may designate another Commission member to sign the minutes.
Section 7. Rules of Order. Any matter of procedure or conduct not specifically provided for by state law or by rules and regulations of the Commission shall be governed by Robert’s Rules of Order Revised, Latest Edition.
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CHAPTER III
ADMINISTRATION
Section 1. Director. The Director serves at the pleasure of the Governor, is the chief executive officer to the Commission, administers the organization and operation of the Wyoming Water Development Office staff, and carries out the program of the Commission in its policies and at its meetings.
Section 2. Signing of Contracts. All contracts, agreements, memorandums or understanding, or other documents of the Commission shall be signed by the Chair and attested by the Secretary when authorized by the Commission, except that the Vice-Chair shall sign if the Chair is not available and an Acting Secretary may sign if the Secretary is not available. The Director may sign contracts if so authorized by the Commission.
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CHAPTER IV
PUBLIC MEETINGS
Section 1. Holding of Public Meetings. Public meetings may be held by the Commission for the purposes of providing information to or soliciting input from the public on a specific project or program issue. Public meetings provided for in this chapter are not intended to meet the requirements of W.S. 41-2-114(b)(iii) and 41-2-115. Nothing contained in these rules shall be construed as prohibiting the Commission or the Director from holding informational proceedings, meetings or conferences deemed to be necessary in the performance of their duties.
(a) Membership Present. Each informational meeting shall be attended by sufficient Wyoming Water Development Office personnel to answer questions and record comments from those who attend. Commission member attendance is not mandatory; however, at least one Commission member for the water district in which the project is located should attempt to be present.
(b) Notice. Notice of the meeting shall be published not less than once each week for two weeks prior to the meeting.
(c) Record. The record of all public meetings shall include formal and informal notices; any written comments, statements, or exhibits received; and other pertinent data. The record shall also include recorded testimony, or a memorandum to the file summarizing the views and comments presented at the meeting.
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CHAPTER V
PUBLIC HEARINGS
Section 1. Holding of Hearings. Public hearings shall be held by the Commission, for any of the purposes provided in W.S. 41-2-114 (b)(iii) and 41-2-115. Nothing contained in these rules shall be construed as prohibiting the Commission or the Director from holding informational proceedings, meetings or conferences deemed to be necessary in the performance of their duties.
(c) Membership Present. Each public hearing required by the law should be attended by at least one member of the Commission, unless the Commission determines that a greater number should be present. One member of the Commission shall be the presiding officer at such hearing. The Director or his designate may serve as the presiding officer if there are no Commissioners present. The Director or his designate(s) shall attend each hearing.
(d) Notice of Hearing. When the Commission has established an
appropriate time and place for such a hearing, the Director shall arrange for a paid notice of the hearing to be published in a newspaper or newspapers of general circulation in the area affected by the water project to be considered at the hearing. Such notice shall contain sufficient detail to inform interested parties of the time, location and subject of the hearing, and shall be published not less than once each week for three weeks prior to the hearing.
(c) Conduct of Hearings. At the hearing, any person will be allowed to present evidence, comments or opinions. The hearing shall not be considered a contested case.
(i) The presiding officer shall announce that the hearing is open and call the proposed water project or other matter to be heard.
(ii) The Director or his designate(s) will present the details of the project involved or the matter for which the hearing was called.
(iii) The presiding officer may allow, in his discretion, testimony to be offered in any order.
(iv) Time for presentations may be limited by the presiding officer.
(v) The presiding officer may recess the hearing as required.
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(vi) After all interested parties have been offered the
opportunity to be heard, the presiding officer shall declare the hearings closed and excuse all witnesses or interested parties. The matter may be reopened at a later date, for good cause shown, by order of the presiding officer.
(vii) The presiding officer shall declare that the matter is taken under advisement and that the decision of the Commission will be announced at a later date.
(c) Legal Counsel. In all matters before the Commission, the
Commission may request the Attorney General of the State of Wyoming or a representative of his staff to be present throughout the hearing.
(d) Reporting of Testimony. All hearings, including all testimony, shall be reported verbatim by a competent reporter or by an electronic recording. The compensation of the reporter shall be paid as required by law and as ordered by the Commission. If a transcript of testimony is required by the Commission, the cost thereof shall be paid by the Commission or as otherwise provided by law. The Commission may direct any party or parties to assume the cost of the transcript if transcribed at his or their request.
(e) Record of Hearing. The record of all hearings shall include all formal and informal notices; reported or recorded testimony and exhibits received or considered, including matters officially noticed; any other pertinent data; and the Commission’s recommendation to the Governor and the Legislature.
(f) Action on Water Projects. Within ninety (90) days after a public hearing on a water project, the Commission shall take action on the proposed water project and submit findings and recommendations to the Legislature, together with a draft of any proposed legislation.
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CHAPTER VI
PUBLIC RECORDS REQUESTS
Section 1. Right to Inspect and Copy Public Records. The public records of the Commission are open to inspection as provided by W.S. 16-4-201 through 16-4-205. Requests for access to the public records of the Commission must be made in writing to the Director by the person who has the right to inspect and copy the public records.
Section 2. Custody and Control of Public Records. All inspections, copies, printouts or photographs of the public records of the Commission shall be made while the records are in the possession, custody and control of the Director or his designee.
Section 3. Fees and Charges.
(a) When practical copies shall be made by Commission staff at the Commission’s office. The following fees and charges shall apply for copies made by Commission staff at the Commission’s office:
Photocopy Charges......................................... $0.50 per page for the first 10 pages and $0.25 per page for each addition page. The minimum charge for photocopies is $3.00
Employee Time…………………………….. Employee time shall be assessed at $15.00 per hour for clerical time and $30.00 per hour for professional time
Electronic Format Costs of producing a copy, costs of constructing the record, including costs of programming and computer service shall be assessed at $40.00 per hour. If the request requires Wyoming State Mainframe use to retrieve or compile information, the requestor shall also pay the costs billed to the Commission by the Department of Administration and Information for use of the State’s Mainframe.
(b) If it is impractical or the Commission does not have the staff or facilities available for making copies, printouts or photographs of the requested public records, the Director or his designee shall make arrangements for copies to be made by a commercial vendor. If a commercial vendor is used, the cost of providing copies shall be paid by the person desiring the copies, printouts or photographs of the records.
(c) Postage and handling, if necessary, will be assessed at the cost of the postage and mail cartons or packages.
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