a. Except as may be otherwise ordered by the hearing officer, the Contestant bears the burden of proof.
b. Admissibility of evidence - (1) The parties shall be entitled to present any oral or documentary evidence, submit rebuttal evidence and conduct cross-examinations, as may be required for a full disclosure of the facts. All documentary or physical evidence submitted for consideration shall be marked as exhibits. Respondents exhibits shall be marked by letters of the alphabet beginning with "A". Contestants exhibits will be marked by numbers beginning with 111".
- (2) The hearing officer shall allow any oral or documentary evidence, except that he may exclude irrelevant, immaterial, or unduly repetitious evidence.
c. Objections - (1) The grounds for objection to any evidentiary ruling by the hearing officer shall be briefly stated. Rulings on all objections shall, appear in the record. Only those objections made before the hearing officer, or specifically stipulated to by both parties, may-be relied on in a subsequent proceeding.
- (2) Formal exception to an adverse ruling is not required.
d. Privileged and confidential information - (1) Any privilege at law shall be recognized by the hearing officer in considering evidence.
- (2) No employee of the Department shall be compelled to testify or to divulge information which is confidential or privileged at law and which is contained within the records of the Department or acquired within the scope of his employment except as provided in W.S. 16-3-107. 1
e . Judicial notice may be taken of any material fact not appearing in evidence in the record that is of the nature of traditional matters of judicial notice or within the special technical knowledge or files of the Department. Parties shall be given an opportunity to contest matters judicially noticed prior. to a final : decision by the Department in accordance with W.S. W.S. W.S. 16-3-108. :
Each witness who is present to give testimony will identify. himself, or -herself by stating :his or her name and address, indicate on whose behalf he or she -will testify, and be administered the following oath by the hearing officer: , "Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?"
048-1 Wyo. Code R. § 1-12