HB0120

Authorizes persons in administrative contested cases to request jury trials when subject to significant sanctions, loss of liberty interests, or license denial or revocation.

• Establishes the right to request a jury trial in contested case hearings when a person faces a sanction of at least $20, loss or deprivation of a significant liberty interest, or denial, suspension, annulment, withdrawal, or revocation of a license. (W.S. 16-3-116(a))
• Requires the presiding officer to empanel a six-person jury upon receiving a request for jury trial, with jurors summoned from the base jury list and entitled to standard jury fees and mileage. (W.S. 16-3-116(b), W.S. 1-11-129, W.S. 1-11-301 through 1-11-304)
• Applies the Code of Civil Procedure and Wyoming rules of civil procedure to jury trials in contested cases, with the presiding officer exercising the same functions and duties as a district court judge and clerk. (W.S. 16-3-116(c))
• Establishes that the jury's decision serves as the final decision of the contested case. (W.S. 16-3-116(d))
• Requires notice to parties of the right to request a jury trial and that failure to make a timely request constitutes waiver of the right. (W.S. 16-3-107(b)(v))
• Requires the presiding officer to enter a written order reflecting the jury's findings and decision in jury trials under the act. (W.S. 16-3-110(b))
• Specifies that presiding officers in jury trials must be employees of the office of administrative hearings and authorizes them to empanel juries and administer necessary oaths. (W.S. 16-3-112(a), W.S. 16-3-112(b)(ix))
• Permits judicial review of agency actions taken after a jury trial in accordance with existing appellate procedures. (W.S. 16-3-114(d))
• Amends the definition of jury service to include service in contested case hearings under the Wyoming Administrative Procedure Act. (W.S. 1-11-104(b)(i))
• Updates references to the base jury list to include jury trials for contested case hearings under the Wyoming Administrative Procedure Act.