Secretary of State

General Agency, Board or Commission Rules

Chapter 1: Contested Case Practice and Procedure

Effective Date: 04/26/2019 to Current

Rule Type: Current Rules & Regulations

Reference Number: 002.0007.1.04262019

Chapter 1

Contested Case Practice and Procedure

Section 1. Purpose and Authority. These rules shall govern contested case proceedings before the Secretary of State, and shall be relied upon by hearing officers, adjudicative agencies, and parties in contested cases. These rules are promulgated by authority of Wyoming Statute (W. S.) § 16-3-102.

Section 2. Incorporation By Reference. The Office of Administrative Hearings; General Agency, Board or Commission Rules; Chapter 2, Contested Case Proceedings (https://rules.wyo.gov Wyoming Administrative Rule Reference Number 270.0001.2.07202017) is incorporated by reference except as noted in Section 3 of these rules. The incorporation by reference does not include later amendments or editions to the incorporated matter.

Section 3. Exceptions From Uniform Rules. The rules incorporated in Section 2 shall not apply to administrative procedures conducted by the Office of the Secretary of State for the following:

(a) Complaint Procedures as governed by the Help America Vote Act of 2002 (hereafter “HAVA”), 107 P.L. 252, Sec. 402, and W. S. § 22-2-121(b) and (d) and the Secretary of State’s Election Procedures rule, Chapter 1 Rules for State-Based Administrative Complaint Procedure. (https://rules.wyo.gov Wyoming Administrative Rule Reference Number 002.0005.1.10062004)

(b) Refusal to file a trademark or service mark as described in the Secretary of State’s Trademark Act rules, Chapter 2 Refused Mark Application. (https://rules.wyo.gov Wyoming Administrative Rule Reference Number 002.0020.2.07011997)

(c) Rejection of a proposed business name or any business entity filing made pursuant to W. S. Title 17.