Administrative rules-streamlining.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0067

ENROLLED ACT NO. 47, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to
administrati
ve procedure;
amending and clarifying specified requirements for
the
adoption

of rules;
providing for authority to repeal obsolete rules;

providing for the preparation
and adoption
of
certain uniform rules;
providing for exceptions;
and providing for an effective date.

Be It
Enacted
by the Legislature of the State of Wyoming:

Section 1.

W.S.
16
‑
3
‑
102 by creating new subsection
s
(d)
and (e)
, 16
‑
3
‑
103
(a)(i) by creating
new
sub
paragraph
s
(J)
and (K)
,
(h)
(i), (iii)
,
(iv)
and
by creating a new subsection (j) and
16
‑
4
‑
204
by creating
a
new subsection
(
e
)

are amended to read:

16
‑
3
‑
102.

General rulemaking requirements; assistance
and authority
of attorney general.

(d)

The office of administrative hearings shall
adopt
uniform rules
for
the use of
state agencies
setting forth the nature and requirements of all formal and infor
mal procedures available in
co
nnection with contested cases.

(e
)

The attorney general may
repeal
administrative rules
of a state agency in accordance with this act
if
the rules have become obsolete and
n
o other
existing
agency has authority to repeal the rules.

16
‑
3
‑
103.

Adoption, amendment and repeal of rules; notice; hearing; emergency rules; proceedings to contest; review and approval by governor.

(a)

Prior to an agency's adoption, amendment or repeal of all rules other than interpretative rules or statements of general policy, the agency shall:

(i)

Give at least forty-five (45) days notice of its intended action. Notice shall be mailed to all persons making timely requests of the agency for advanced notice of its rulemaking proceedings and to the attorney general, the secretary of state's office as registrar of rules, and the legislative service office if a state agency. The agency shall submit a copy of the proposed rules, in a format conforming to any requirements prescribed pursuant to subsection (f) of this section, with the notice given to the legislative service office. The notice shall include:

(J
)

A
concise
statement of
the principal
r
easons for adoption
of the rule
. In
compliance
with
Tri-S
t
ate Generation and Transmission
Association, Inc. v. Environmental Quality
Council
,
590 P.2d

1324 (Wyo. 1979), t
he
statement
shall include a
brief explanation of the s
ubstance
or terms

of the rule and the b
asis and purpose
of the rule
;

(K
)

If
a

state agency
is

proposing
a rule that differs from
the
uniform rules

listed in subsection (j) of this section
, a statement of
the reasons for varying from the uniform rules
.

(h)

An agency may incorporate, by reference in its rules and without publishing the incorporated matter in full, all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this state, another state or by a nationally recognized organization or association, provided:

(i)

The agency determines that i
ncorporation

of the full text in agency rules would be
unduly cumbersome o
r expensive

cumbersome
or inefficient

given
the length or nature of the rules
;

(iii)

The agency, organization or association originally issuing the incorporated matter makes copies of it readily available to the public
;

and
t
he
rules of the incorporating agency state where su
ch copies

are available;

(iv)

The incorporating agency maintains and makes available for public inspection a copy of the incorporated matter
at cost
from the agency

and the rules
of the incorporating agency state where

copies of
the incorporated matter
are
available
at
cost

are available

from the incorporating agency

is available
on the internet
as defined in W.S. 9
‑
2
‑
1035(a)(iii)
; and

(j)

Each state agency shall adopt as much of the uniform rules promulgated pursuant to the following provisions as is consistent with the specific
and
distinct
requirements of the agency and
state or federal law
governing
or applicable to the agency:

(
i
)

W.S.

16
‑
3
‑
102(d);

(
ii
)

W.S.
16
‑
3
‑
204(e).

16
‑
4
‑
204.

Right of inspection; copies, printouts or photographs; fees.

(e)

The department of administration and information
shall
adopt
uniform rules for the use of state agencies
e
stablishing
procedures
, fees
,
costs
and charges
for inspection
, cop
ies

and production
of
public records under
W.S. 16
‑
4
‑
202(d)(i),
16
‑
4
‑
203(h)(i) and
16
‑
4
‑
204
.

Section 2.

Th
is act is effective July 1, 2014.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1