Vol. 30, No. 5, #2. A Day in the Life of the Office of Administrative Hearings.

• Author: Author: Deborah A. Baumer

Wyoming Bar Journal

2007.

Vol. 30, No. 5, #2.

A Day in the Life of the Office of Administrative Hearings

Wyoming Bar JournalVol. 30, No. 5, #2Issue: October, 2007A Day in the Life of the Office of Administrative HearingsAuthor: Deborah A. BaumerThe sole function of the Office of Administrative Hearings (OAH) is to conduct fair and impartial contested case hearings statewide in disputes between Wyoming's residents or guests and state governmental agencies. The OAH is uniquely situated to act as an independent, impartial hearing authority because it is a separate operating agency with no agency interest in the substantive issues presented in any of the cases it hears. The parties are therefore assured a neutral process that will favor neither side.

The OAH is statutorily mandated to provide contested case hearing services for the Department of Employment and the Department of Transportation, and their caseloads are the OAH's largest. The OAH also has statutory authority to hear any dispute between any other state agency/board and the public that is served by that state agency/board.

The five categories of cases where the OAH receives contested case referrals across the entire State of Wyoming follow:

1. Most Workers' Compensation contested cases for the Department of Employment in accordance with W.S. 27-14-602.

2. All Driver's License actions involving suspension, restriction or cancellation of driving privileges for the Department of Transportation pursuant to W.S. 31-7-105.

3. Any other state agency or board dispute where a request is made for the OAH to provide hearing services pursuant to the authority granted to the OAH by W.S. 9-2-2202(b). Various state boards and agencies such as the Boards of Nursing, Pharmacy, Architects, Engineers, Peace Officers, Mental Health and other Professional Licensing Boards, the Office of State Lands and Investments, the OSHA Division of the Department of Employment, the Department of Education and the Department of Revenue have all requested and received OAH hearing services. The OAH also currently conducts all Medical Review Panel cases, Wyoming Employees' Group Insurance disputes and Department of Health Medicaid Waiver disputes. All Department of Family Services' cases concerning entitlement to welfare benefits and abuse/neglect central registry cases are heard by the OAH pursuant to a...