Wyoming Administrative Code

CHAPTER 13 EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS Section 1. Definitions. As used in this rule, unless the context clearly indicates otherwise. (a) "Agency" means any officer, board, commission, or other authority charged with the administration of the unemployment compe…

CHAPTER 14 REIMBURSING EMPLOYERS Section 1. Effect of Election to be Tax Based. (a) When an employer who has elected to reimburse the division for benefits charged to the employer's account elects to become a tax based employer pursuant to W.S. 27-3-509, a standard industry rate …

CHAPTER 15 CONTRIBUTION RATES Section 1. Cut-Off Date. All actions that occur prior to July 1 involving benefit charges or relief of charges that affect an employer's tax rate, shall be used in the computation of the employer's rate for the ensuing calendar year. At the Division'…

CHAPTER 16 ENJOINING AND ASSESSING EMPLOYERS PURSUANT TO W.S. 27-3-502(f) Section 1. When to Utilize Procedure. When the division staff has a reasonable suspicion that an employer has failed to comply with W.S. 27-3-502(f), 27-3-510(c) or (d), it may issue a notice to that effect…

CHAPTER 17 ESTABLISHMENT, ADMINISTRATION AND DISSOLUTION OF GROUP ACCOUNTS Section 1. Authority. Pursuant to the provisions of 27-3-502 of the Wyoming Employment Security Law, either (A) two or more employing units (single or multiple), having elected the reimbursable method of f…

CHAPTER 18 MAJOR INDUSTRIAL CLASSIFICATIONS Section 1. Classification for Contribution Rate . Pursuant to W.S. 27-3-503(f), division hereby establishes the following major industrial classifications using North American Industrial Classification System (NAICS) codes for purposes …

CHAPTER 19 WAIVING INTEREST ON CONTRIBUTIONS Section 1.By Whom.Requests to waive interest due on contributions shall be ruled on by the appropriate division administrator, or a duly authorized designee, if the amount of interest in question is $1,000.00 or less. If the amount of …

CHAPTER 2 GENERAL PROVISIONS Section 1. Definitions. Unless the context otherwise requires, terms used in the Wyoming Employment Security Law, these rules, interpretations, forms, or other official pronouncements issued by the department or commission shall have the following mea…

CHAPTER 20 CLAIMS FOR BENEFITS Section 1. Filing a New or Additional Claim for Benefits. Any individual claiming benefits for unemployment under the Wyoming Employment Security Law shall proceed as follows: (a) An individual may file an initial claim for unemployment benefits by …

CHAPTER 21 MASS SEPARATIONS Section 1.Definition of Mass Separation and Notice. (a) The term "Mass Separation" means a separations (permanently or for an indefinite period of time or for an expected duration of seven or more days), at or about the same time and for the same reaso…

CHAPTER 22 PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS Section 1. How Filed and Paid. Claims shall be filed and benefits shall be paid to interstate claimants in accordance with the Interstate Benefit Payment Plan established by the United States Department of Labor. Section 2. A…

CHAPTER 23 EFFECT OF PAYMENTS RECEIVED Section 1. Retirement Annuities, Pensions and Other Payments. (a) If received in a lump sum single payment that payment shall be allocated to a particular week or weeks for purposes of W.S. 27-3-313(a)(v) disqualification by dividing the lum…

CHAPTER 24 REGISTRATION FOR WORK, ABLE, AVAILABLE AND ACTIVELY SEEKING WORK Section 1. In General. Any individual who files for Wyoming unemployment insurance benefits shall register for work with a state employment agency serving their local labor market. The claimant must regis…

CHAPTER 25 DISQUALIFICATION FOR INVALID CLAIM Section 1. Continued Claim. In the case of a continued claim where a claimant makes a non-fraudulent misrepresentation, he shall be disqualified only to the extent the misrepresentation increased the amount of benefits to which he wou…

CHAPTER 26 IMPLEMENTATION OF CRITERIA FOR WAIVER OF OVERPAYMENT Section 1. Fault Criteria. In determining whether a claimant is without fault for purposes of deciding whether to waive recovery of overpaid benefits under W.S. 27-3-409, the Division shall consider the following cri…

CHAPTER 27 PENALTY ON FRAUD OVERPAYMENTS Section 1.In General.In order to meet the requirements of W.S. 27-3-409(d), a five percent (5%) penalty is first assessed from the date of the Overpayment Notice. On the last day of the month of every six (6) month period following the fir…

CHAPTER 28 PROCEDURE FOR DETERMINING WAIVER OF OVERPAYMENT Section 1. Non-Fraud. In making a decision on whether benefits overpaid to a claimant where fraud is not involved should be waived or recovered, the Division shall consider the criteria of Chapter 26 of these rules and sh…

CHAPTER 29 APPEALS EXAMINERS Section 1. Appointment. The division may use a salaried appeals examiner instead of and for the purposes of an appeals tribunal. The term of "hearing officer" may be used synonymously with the terms "examiner" and "appeals examiner." Section 2. Hearin…

CHAPTER 3 WITHDRAWALS FROM UNEMPLOYMENT TRUST FUND IN THE UNITED STATES TREASURY Section 1. Procedure for Requisition. The division shall requisition from the Unemployment Trust Fund in the United States Treasury the money necessary for the payment of unemployment benefits. Such …

CHAPTER 30 HEARING ON EMPLOYER LIABILITY Section 1.Request for Hearing. (a) Any employer not satisfied with the determination of his liability for contributions, subjectivity to provisions of W.S. 27-3-516, or liability resulting from an audit must file, within twenty-eight (28) …

CHAPTER 31 APPEAL HEARINGS Section 1. Hearings by Telephone. Evidentiary hearings before an appeals examiner or appeal tribunal may be conducted by telephone in whole or part in the discretion of the appeal tribunal or examiner. All or part of the witnesses or parties may appear …

CHAPTER 32 REGULAR COMMISSION MEETINGS Section 1. How Scheduled. The Unemployment Insurance Commission shall meet once a month or as often as necessary to review decisions of hearing examiners and employer coverage determinations that have been appealed, and to take care of other…

CHAPTER 33 REHEARINGS Section 1. Proceedings Covered. A party to a contested case and the division staff may apply to the examiner for rehearing of a case before the appeals examiner or to the commission for rehearing of a case before the commission in accordance with the followi…

CHAPTER 37 EMPLOYER NOTICE Section 1. Employer Notice of Potential Availability of Benefits (a) At the time of an employee's separation from employment for any reason, employing units shall provide individual notice of the potential availability of unemployment compensation benef…

CHAPTER 4 INFORMATION PRACTICES Section 1. When Disclosed. Information maintained by the division may be released as provided in the Wyoming Employment Security Law, elsewhere in these rules, and under the following circumstances: (a) The employer who provided the requested infor…

CHAPTER 5 SEVERABILITY Section 1. Effect of Rule Being Held Invalid. Should any provision of these rules be invalid, the remainder of the rules shall remain valid.

CHAPTER 6 COMPUTING TIME LIMITS AND DETERMINING WHEN DOCUMENTS ARE FILED OR PAYMENTS MADE Section 1.Applicability.When the Wyoming Employment Security Law provides a deadline for filing appeals, paying contributions, making reports, or for any other purpose, the following rules a…

CHAPTER 7 EFFECT OF PRESENCE OR ABSENCE OF DOCUMENT IN DIVISION RECORDS Section 1. Presence or Absence of Document and Date. If the division's records reflect that an act was done or a document sent and the date of same, such records are evidence that the act was done or document…

CHAPTER 8 CASH VALUE OF PAYMENT IN KIND Section 1. Remunerations. Except as provided in W.S. 27-3-102(a)(xviii), if board, lodging or any other payment in kind, considered as payment for services performed by a worker, is in addition to or in lieu of a (rather than a deduction fr…

EMPLOYERS CHAPTER 9 CONTRIBUTIONS BY EMPLOYERS Section 1. Contributions Payment on Termination. Payment of contributions shall be made as hereinafter prescribed, but the Division, by special order, may require the contributions due from any employer who leases, sells, or otherwis…

RULES AND REGULATIONS MEDICAL COMMISSION WORKERS' COMPENSATION DIVISION CHAPTER 1 GENERAL PROVISIONS AND DEFINITIONS Section 1. AUTHORITY. These rules of practice and procedure are promulgated by the Medical Commission under the authority of W. S. §27-14-616 (LexisNexis 2001) and…

CHAPTER 10 CASE DISPOSITION Section 1. INFORMAL DISPOSITION. (a) Informal disposition may be made of any case or any issue by stipulation or settlement. (b) If the parties reach a settlement, the settlement shall be in writing and the executive secretary shall be presented with t…

CHAPTER XI SPECIAL PROCEEDINGS Section 1. Expedited Medically Contested Cases. (a) Upon request of a party or on the commission's own motion, a medically contested case may be expedited if the case is: (i) a matter in which there are no disputed issues of material fact; or (ii) a…

CHAPTER 2 COMMISSION MEMBERSHIP Section 1. MEMBERS. The commission shall consist of 22 health care providers, eleven (11) members and no more than eleven (11) associate members as appointed by the Governor and as set forth in W.S. § 27-14-616 (a). Section 2. ASSOCIATE MEMBERS. As…

CHAPTER 3 REFERRAL OF MEDICALLY CONTESTED CASES Section 1. FROM THE DIVISION. (a) The commission shall accept for hearing those cases determined by the division to be medically contested cases, and which have been submitted in writing to the commission. (b) Following proper refer…

CHAPTER 4 COMMENCEMENT OF CONTESTED CASE PROCEEDINGS Section 1. FILING AND SERVICE OF PAPERS. (a) The case number of the medically contested case shall be the same number as previously assigned by the division. All documents, motions, pleadings and orders filed thereafter shall b…

CHAPTER 5 MOTIONS AND ORDERS Section 1. MOTIONS. (a) An application to the commission for an order shall be by written motion and shall state with particularity the grounds and relief sought. (b) Any hearing on any subject raised by motion shall be heard at the discretion of the …

CHAPTER 6 SELECTION OF HEARING PANELS Section 1. SELECTION OF HEARING PANELS. (a) The selection of commission members to serve on specific hearing panels for medically contested cases shall be made by the executive secretary under the supervision and guidance of the commission ch…

CHAPTER 7 DISCOVERY Section 1. GENERALLY. (a) Discovery documents or notices shall not be filed with the commission except when relief is sought pursuant to W.S. §16-3-107(c). (b) Unless otherwise prohibited by law or limited by these rules or commission order, the taking of disc…

CHAPTER 8 EVIDENCE Section 1. EVIDENCE AND TESTIMONY. (a) Generally, the taking of evidence at the medically contested case hearing shall be governed by W.S. §16-3-108 and case law thereunder. (b) All testimony shall be given under oath or affirmation. (c) Irrelevant, immaterial …

CHAPTER 9 EVIDENTIARY HEARING PRACTICE AND PROCEDURE Section 1. NOTICE OF HEARING. (a) A medically contested case evidentiary hearing shall be set by Order Setting Hearing and Requiring Disclosure which shall provide the time, place and nature of the evidentiary hearing, the divi…

CHAPTER 1 GENERAL PROVISIONS Section 1.Authority. These rules, regulations and fee schedules are adopted by the Administrator pursuant to the requirements and authority of the Wyoming Workers' Compensation Act (the "Act"). Specific authority and direction is found in Wyoming Stat…

CHAPTER 10 MISCELLANEOUS MEDICAL PROTOCOLS Section 1. Acupuncture. (a) The Division shall pay for acupuncture procedures only if the services are performed by a healthcare provider as defined in W.S. § 27-14-102(a)(x), who is certified to perform acupuncture. Before the Division …

CHAPTER 11 WORKPLACE SAFETY CONTRACTS Section 1. Authority. The Department of Workforce Services is authorized under the Department of Workforce Services Act W.S. 9-2-2602(b)(vi) and W.S. 9-2-2608(c), and the Wyoming Administrative Procedures Act, W.S. 16-3-101 et seq., to promul…

CHAPTER 12 FISCAL PROVISIONS Section 1.Rehabilitation Expenses-Funds Transfer. Expenses incurred for administrative costs under W.S. § 27-14-408 shall be paid by the Division of Vocational Rehabilitation (DVR) of the Department of Workforce Services. The funds for program expense…

Chapter 13 Presumption of Disability for Certain Diseases Section 1.Authority. (a)These rules are promulgated pursuant to authority granted in Wyoming Statute § 27-14-616. (b)These rules only apply to claims submitted under Wyoming Statutes §§ 27-15-101 - 27-15-103. Section 2.Hea…

CHAPTER 2 EMPLOYER COVERAGE, COMPLIANCE, AND DISCOUNT PROGRAMS Section 1. General. (a) Application for Determination of Coverage. No employer subject to the Wyoming Workers' Compensation Act, Wyoming Statute § 27-14-101, et seq., shall commence business or engage in any work in W…