Wyo. Code R. 002-0016-1
Effective Date: 07/01/1997 to 06/15/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0016.1.07011997
Rules on Rules
(a) The Secretary of State, as registrar of rules, is authorized to promulgate rules governing:
(i) The format for notices of intended rulemaking, W.S. 16-3-103(g);
(ii) The format for state agencies to follow in preparing proposed amendments to existing rules, W.S. 16-3-103(f);
(iii) The format and manner of filing final rules, W.S. 16-3-104(c).
(a) The definitions in W.S. 16-3-101(b) apply to these rules.
(b) In addition to the definitions in W.S. 16-3-101(b), this office has included additional definitions used in these rules:
(i) 'Emergency rule' means a temporary rule adopted, amended or repealed pursuant to W.S. 16-3-103(b);
(ii) 'New rules' means the first set of regular rules to be promulgated by an agency after the Legislature adopts a new statutory provision or significantly amends an existing statute. A new rule is one that is promulgated in direct response to, or that is mandated by, the enacted statute and may involve creation of an entirely new provision in the agency's rules or the repeal or amendment of an existing rule;
(iii) 'Regular rule' means a rule adopted under the public notice requirements of W.S. 16-3-103 other than an emergency rule.
(iv) 'Created rule' means the first time a rule has been filed.
(v) 'Cumbersome' means any document over 5000 words.
(vi) 'Rules' means rules and regulations.
(vii) 'Electronic copy' means the information submitted electronically must be identical to that submitted in hard copy.
The Secretary of State may refuse to accept for filing any rule that does not conform to the formats prescribed by these rules. After filing rules with the Secretary of State, an agency may not substitute pages due to typos and other such errors unless there is clearly no change of meaning, it does not correct an omission and there is no change in numbering. If the Legislature by statute changes an agency or department's name, the agency or department may file replacement rules for the purpose of only changing its name without going through the entire rule-making process. In this instance, the certification page shall include the director or commission chairperson's signature and a brief explanation of this rulemaking. Verification that the changes are non-substantive must be confirmed by a letter from the Attorney General's Office.
(a) The notice of intent to engage in rulemaking shall include all of the information required by W.S. 16-3-103(a).
(b) The notice of intent shall include all information shown in the sample notice contained in Appendix E to these rules.
(c) The notice of intent must be filed in hard copy and electronic copy with the Secretary of State. The electronic copy may be sent by electronic mail or on a computer diskette. A hard copy of the notice must be sent to the Attorney General and the Legislative Service Office.
(a) Rules that propose to amend existing rules shall be prepared in the following format:
(i) New language added to existing language shall be underlined;
(ii) Deletions of existing language shall be shown by strike lines through the deleted language. (Strike lines are as shown in this sample.)
(iii) If amendments are massive, the agency may file a clean copy of the rules, without the strike and underscore lines, and give a short explanation on the certification page.
(b) Proposed rules are not submitted to the Secretary of State. A hard copy of the proposed rules must be sent to the Legislative Service Office. The Governor and the Attorney General are interested parties and should also receive a copy of the proposed rules.
(a) Table of Contents. A table of contents for the rules shall appear after the certification page. The Table of Contents shall conform to Appendix C.
(b) Form in Which Rules Shall be Prepared.
(i) The regular rules shall be printed with black type on 8 ½' by 11' white paper;
(ii) Emergency rules shall be printed with black type on 8 ½' by 11' colored paper;
(iii) Margins shall be approximately 1' at the top and 1 1/4' at the left, right and bottom margins;
(iv) The rules shall be single-spaced with double spaces between paragraphs;
(v) All rules must be copied back-to-back and head-to-head. Each chapter shall be copied so that page 1-2 is always on the back of 1-1, etc.
(vi) Pages of the text shall be numbered, starting with Arabic numeral 1, centered ½' from the bottom of the page. The page numbering should include the chapter number and the page number. EXAMPLE: Chapter 3, page 6 would be listed as 3-6. Appendices shall be numbered in upper case Arabic, followed by a '-' and then by an Arabic page number (example: A-1).
(c) Number of Copies to be Filed and Electronic Copying. One copy of the certification, table of contents and chapter(s) with original signatures of the agency head, commission or board shall be submitted to the Attorney General for filing with the Secretary of State. The hard copy is the official copy. An electronic copy must also be submitted. It may be submitted by electronic mail or on a labeled 3 ½' diskette. The electronic copy must be filed with the Secretary of State's Office within 60 days of the date of adoption in order for the rules to be filed.
(d) Arrangement of Rules. Arrangement of rules shall be in the following form and as illustrated in Appendix D, unless the agency is using the federal exemption listed in Section 10. The rules are to be organized by chapter, section and subsection. A chapter is designated by Arabic numeral. Each chapter shall be assigned a title; for example, 'GENERAL PROVISIONS.'
The section should be indented five spaces from the left margin. The first or only section in the rule shall be identified as Section 1, and any following sections shall be identified by Arabic numerals in sequence. Sections constitute subdivisions of the subject matter of each chapter. Each section shall be assigned a catch word or short phrase to describe its contents: for example, Definitions. Subsections and other divisions shall be indented. The second line of each paragraph is to be typed by returning to the left margin.
(e) When an agency amends a rule, it shall submit the entire chapter. The electronic copy must also include the entire chapter.
(f) The format for final rules is illustrated in Appendix D.
Regular rules must be submitted to the Attorney General who will then forward them to the Secretary of State for filing. The package of rules shall include the certification page. The format of the certification page for regular rules shall conform to the certification page contained in Appendix A. The format of the certification page for emergency rules shall conform to the certification page contained in Appendix B.
Copies Shall be Made Available to the Public. The Secretary of State, upon request and payment of a fee, will furnish copies of a rule or rules which have been filed as prescribed by law. Each state agency may publish its own rules in a pamphlet or a booklet and make them available to the public. Rules may also be obtained by accessing the Secretary of State's web page.
(a) Federal - OPTIONAL. If an agency administers federal programs and wants to adopt entire federal rules and regulations of the federal agencies, it may opt to, but is not required to, file those rules in the federal format rather than putting it in state format. If an agency uses this exemption, it may opt to file a summary page of changes with the proposed rules rather than using the strike and underline referred to in Section 5(a) of this chapter. The summary page would 'ensure the addition to and deletions from existing language are clearly indicated.' (W.S. 16-3-103(f)).
If an agency chooses this option, it must:
(i) be adopting an entire portion of the federal regulations (Segmented parts of rules or rules listing state exceptions are NOT acceptable);
(ii) be in the standard federal regulation format; and
(iii) be filed on 8 ½' x 11' paper.
(b) Model - OPTIONAL. If an agency is adopting model rules and regulations, it may opt to, but is not required to, file those rules in the model format rather than putting it in the state format. If an agency chooses this option, it must:
(i) be adopting an entire portion of the model regulations; (Segmented parts of rules or rules listing state exceptions are NOT acceptable.)
(ii) be referenced in the main part of the rules and regulations (An Appendix cannot stand alone); and
(iii) be filed on 8 ½' x 11' paper.
(c) Agencies exempt from the Administrative Procedure Act. The following is a listing of statutes exempting these agencies from the Administrative Procedure Act:
(i) Department of Corrections pursuant to W.S. 25-1-105(a);
(ii) Board of Parole pursuant to W.S. 7-13-402(f); and
(iii) Victims Compensation Commission pursuant to W.S. 1-40-104(c).
These agencies need not follow the Administrative Procedure Act or these rules as to form, but they must file their rules with the Secretary of State using the Certification Page for Rules of Agencies Exempt from the APA. (See Appendix F). These rules will be available in electronic format only if the agency files its rules in accordance with the Rules on Rules format.
(a) An agency may incorporate by reference the full text of any rule that is cumbersome for the agency to publish or print, provided:
(i) the agency follows all procedures to adopt, amend or repeal this rule each time the original document is amended; and
(ii) the agency fully identifies the location where the public may view the rule (ie. INTERNET address or library or agency address and phone number where one can view a copy).
When an agency receives a returned rule package containing line-item vetoes, it must redraft the approved portion of the rule and return the package (hard copy and electronic) to the Attorney General who will then forward the rules to the Secretary of State for filing. NOTE: This procedure must be accomplished within sixty days of the original date of adoption.
Rules on Rules Amendments Effective Date. These rules do not require an agency to change any of its rules currently on file. These amendments apply to all agency rules filed after the effective date of these rules.
(a) As provided by W.S. 16-3-103(b) and 16-3-104(b)(ii), an emergency rule is effective for 120 days after filing with the Secretary of State. Pages containing emergency rules will not be filed as replacement pages for permanent rules, but will be filed as a supplement to the permanent rules and be removed at the end of 120 days.
(b) Emergency rules will include the following statement:
(i) 'For the 120 days the emergency rules are in effect, the following rules shall apply.'; or
(ii) 'Emergency rules are no longer in effect 120 days after filing with the Secretary of State.'
CERTIFICATION PAGE FOR RULES
Adoption date: ___
To guarantee review by the Secretary of State within the 60 day deadline, this package must be submitted to the Secretary of State by: ___
1. Agency: Address: Agency Contact Person for these Rules: Work Telephone:
2. Are these new rules? ("new" - means the first set of regular rules to be promulgated by this agency after the Legislature adopted a new statutory provision or significantly amended an existing statute. Yes _ No ___
3. Chapter # of rules being created, amended or repealed: ___
4. Does this rule replace an existing rule? Yes _ No ___ If yes, which chapter(s)?
5. Notice of intended rulemaking containing all of the information required by W.S. 16-3-103(a) was filed with the Secretary of State on:
6. Notice of intended rulemaking and proposed rules in strike and underscore format were provided to the Legislative Service Office and courtesy copies of the notice and proposed rules were provided to the Attorney General and the Governor on: ___
7. Yes__No__ (If applicable) Notice was mailed 45 days in advance to all persons who made a timely request for advance notice.
8. Yes__No__ A public hearing was held on the proposed rules on: ___.
9. Yes__No__ A disk with an exact copy of the attached rules is attached or the electronic copy was sent via electronic mail to the Secretary of State on ___.
10. Final rules with original signatures were sent to the Attorney General's office for the Governor's signature and filing with the Secretary of State on ________.
11. Final rules were sent to the Legislative Service Office the same date listed in number 10 above.
The undersigned certifies that the foregoing information is correct.
Date ________
Agency) ________
Title: ________ (Chair or Director of
I have reviewed these rules and determined that they:
(1) are within the scope of the statutory authority delegated to the adopting agency; and (2) appear to be within the scope of the legislative purpose of the statutory authority.
Therefore, I approve the same.
Date Approved Governor
CERTIFICATION PAGE FOR EMERGENCY RULES Note: Emergency Rules are in effect for 120 days
Adoption date: ___
To guarantee review by the Secretary of State within the 60 day deadline, this package must be submitted to the Secretary of State by: ___
1. Agency: Address: Agency Contact Person for these Rules: Work Telephone:
2. Are these new rules? ("new" - means the first set of regular rules to be promulgated by this agency after the Legislature adopted a new statutory provision or significantly amended an existing statute. Yes ___ No ___
3. Chapter(s) being created, amended or repealed: ___
4. Concise statement of emergency requiring promulgation of these rules without notice or opportunity for hearing: ___
5. In accordance with W.S. 16-3-104(b)(ii) a copy of these rules were filed with the Legislative Service Office on: ___
6. Yes__No__A disk with an exact copy of the attached rules is attached or an electronic mail including the copy of the rules was sent on ___.
The undersigned certifies that the foregoing information is correct.
Date: ___
Title: ___ (Chair or Director of Agency)
I have reviewed these rules and determined that they:
(1) are within the scope of the statutory authority delegated to the adopting agency; (2) appear to be within the scope of the legislative purpose of the statutory authority; and (3) are necessary and that I concur in the finding that they are an emergency.
Therefore, I approve the same.
Date Approved
Governor
| Section 1. | Authority. | 1-1 |
|---|---|---|
| Section 2. | Definitions. | 1-1 |
| Section 3. | General Provisions. | 1-2 |
| Section 4. | Content and Filing Req. for Notice of Intent. 1-2 | |
| Section 5. | Proposed Rules. | 1-2 |
| Section 6. | Format for Final Rules Submitted for Filing. | 1-2 |
| Section 7. | Format for Certification Pages. | 1-4 |
| Section 8. | Copies of Rules. | 1-4 |
| Section 9. | Exemptions. | 1-4 |
| Section 10 | Incorporation by Reference | 1-5 |
| Section 11 | Filing Rules that have been Line-item Vetoed | 1-5 |
| Section 12. | Effective Date. | 1-5 |
| Section 13. | Expiration of Emergency Rules. | 1-5 |
| Appendix A | Sample Certification Page for Regular Rules | |
| Appendix B | Sample Certification Page for Emergency Rules | |
| Appendix C | Sample Table of Contents | |
| Appendix D | Typing Guidelines | |
| Appendix E | Sample Notice of Intent to Adopt Rules and Regulations | |
| Appendix F | Sample Certification Page for Exempt Agencies |
Section 1. Sample. The first or only section in a rule shall be identified as Section 1, and any following sections shall be identified by Arabic numerals in sequence. Continue the second line of each paragraph or subdivision all the way back to the left margin.
In order to follow the format of the statutes:
(a) Subsections (divisions of sections) shall be identified by lower case letters in parentheses as: (a), (b), (c), etc. Each subsection shall be indented to the next tab.
(i) Paragraphs
(A) Subparagraphs
(I) Subdivisions of subparagraphs -- upper case Roman numbers.
a.
(b) The page number should be an Arabic numeral, centered between margins, and approximately ½" from the bottom of the page. It should include the chapter number. EXAMPLE: Chapter 4, page 2 would be 4-2.
(c) Section 1's numbering system is based on the one used by the Legislative Service Office to prepare the Wyoming Statutes.
Section 2. Additional Instructions. If you have any questions on format after reading the rules, contact the Secretary of State's office for guidance. Be sure you copy the actual text of your new or amended rule or regulation on both sides of the paper. If you are amending a rule, make sure the chapter you are amending is printed so that we can simply remove the old version and insert the new one.
CONTENT REQUIREMENTS FOR THE NOTICE OF INTENT TO ADOPT RULES AND REGULATIONS
1. Agency: Address: Agency Contact Person for these Rules: Work Telephone:
2. Statement of the terms and substance of the proposed rule or a description of the subjects and issues involved: ____
3. Citation to each agency rule being amended or repealed: ____
4. If the proposed rules amend existing rules, a copy of the proposed rules in a format that clearly indicates additions to and deletions from existing language may be obtained at:
5. Statement of the time when, the place where, and the manner in which interested persons may present their views on the intended action: ____
6. (If not already scheduled as shown by Item 7 below) A public hearing will be held if requested by 25 persons, a governmental subdivision or by an association having not less than 25 members. Requests for a public hearing may be addressed to: ____
7. Yes__No__ A public hearing on the proposed rules has been scheduled. If Yes: Date, time and place of scheduled hearing: ____
8. Any person may urge the agency not to adopt the rules and also request the agency to state its reasons for overruling the consideration urged against adoption. Requests for an agency response under this Item 8 must be made prior to, or within 30 days after adoption of the rule, addressed to: ____
9. Yes__No__ These are New Rules (i.e., these are the first set of rules to be promulgated by the agency after the Legislature's adoption of a new statutory provision or an act significantly amending an existing statute. A new rule is one that is promulgated in direct response to, or that is mandated by, the enacted statute and may involve creation of an entirely new provision in the agency's rules or the repeal or amendment of an existing rule.)
If Yes: Citation to the specific legislation resulting in promulgation of these rules:
10. Yes__No__ These rules are adopted, amended or repealed to comply with federal law or regulatory requirements.
If Yes:
(a) Citation to applicable federal law or regulation:
(b) Indicate one:
The proposed rules meet but do not exceed minimum federal requirements;
(or)
The proposed rules exceed minimum federal requirements.
(c) Any person wishing to object to the accuracy of any information provided by the agency under this Item 10 should submit their objections prior to final adoption to:
If timely objections are submitted, the agency will provide the objecting person with a written response explaining and substantiating the agency's position by reference to federal law or regulations.
I, __________ do hereby certify:
☐ I am the agency head of __________
☐ I am the chairperson of the __________
(Board)
The attached is a true and correct copy of rules pertaining to __________
My agency has authority to promulgate this rule pursuant to W. S. __________.
(Check one)
☐ This is a new rule, Chapter(s) __________.
☐ This is an amendment to existing rules at these chapters and sections.
☐ This rule supersedes all other rules previously filed, Chapter(s) __________.
☐ This rule repeals Chapter(s) __________ in its (their) entirety.
My agency or board adopted the rules on __________.
Agency Head or Chairperson of Board
This program's Attorney General representative's name is __________.
The agency person who should receive the stamped, filed copy is:
Name __________
Address __________
Phone __________
Upon receipt of your adopted rules, your Attorney General representative will review the rules for the Governor. Your representative will then forward the rules to the Governor. When the Governor signs the rules, he will return them to your Attorney General representative for filing with the Secretary of State. The Secretary of State will file stamp your agency's or board's copy of the rules with the filing date and your Attorney General representative will return them to you.
I have reviewed these rules and determined that they:
(1) are within the scope of the statutory authority delegated to the adopting agency; and (2) appear to be within the scope of the legislative purpose of the statutory authority.
Therefore, I approve the same.
Date Approved
Governor