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Wyoming Regulations § 1-18 Results of Failure to Conclude the Hearing Process within the Time Allowed

Up to Chapter 1: State-Based Administrative Complaint Procedures

Regulation Text

(a) When a complaint has not been finally resolved within the ninety (90) day period, the complaint shall be referred by the Secretary of State to the Wyoming Attorney General or other qualified individual for alternative dispute resolution procedures.
(b) When complaints have been consolidated and some Complainants have not consented to an extension of the ninety (90) day deadline, their complaints shall be subject to separation from the others and treatment under this section.
(c) The person designated to provide the alternate dispute resolution, hereafter referred to as the ADR hearing officer, shall have a copy of the agency record of the proceedings.
(d) With one exception, the ADR hearing officer shall adhere to the Complaint Procedures established in this chapter in resolving the complaint. The exception is that the ADR hearing officer may conduct an administrative hearing in accordance with the hearing procedures of the Wyoming Administrative Procedure Act, W.S. 16-3-107 through 112, with time lines adjusted to fit the time limits below. Conduct of the hearing in accordance with these procedures does not alter the authority of the Secretary of State as the final decision maker.
(e) The ADR hearing officer shall conclude the matter as expeditiously as possible and forward to the Secretary of State his recommended decision and order within the time allowed by the Secretary of State in his designation or appointment of the ADR hearing officer.
(f) The Secretary of State shall enter the final decision and order no later than sixty (60) calendar days after the expiration of the ninety (90) day period.

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