Wyo. Code R. 002-0016-1
Effective Date: 07/27/1993 to 06/28/1995
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0016.1.07271993
Section 1. Authority. The Secretary of State, pursuant to W.S. 16-3-104(c) of the Wyoming Administrative Procedure Act is authorized to promulgate rules governing the manner and form in which all rules shall be prepared to insure uniformity.
(a) 'Registrar of Rules' for state agency rules is the Secretary of State.
(b) 'State Agency' means any agency with statewide responsibilities. The term 'agency' means any authority, bureau, board, commission, department, division, officer or employer of the state, except the state legislature and the judiciary.
(c) 'Rule' is construed to be synonymous with the term 'regulation.' 'Rule' means each agency statement of general applicability that implements, interprets and prescribes law or policy, or describes the organization, procedures or practice requirements of any agency. The term 'rule' includes the amendment or repeal of a prior rule but does not include statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, intra-agency memoranda and agency decisions in contested cases.
(a) The Attorney General, upon agency request, shall furnish advice and assistance to all state agencies in the preparation of their regulations and in revising, codifying and editing existing or new regulations.
(b) The Secretary of State shall prescribe rules governing the manner and form in which rules shall be prepared to the end that all rules shall be prepared in a uniform manner, other than those exceptions listed in Section 11. The Secretary of State may refuse to accept for filing any rule that does not conform to such rules. Use the format of these rules as a model and follow the typing guidelines in Section 8 and Appendix D.
(a) Public notice must be given forty-five (45) days prior to filing in the office of the Secretary of State. Notices of intended adoption shall be mailed to the Attorney General, Legislative Service Office and to all persons who have made advance requests of the agency for notice of its rule-making proceedings. The notice is to include a statement of the substance of the proposal or a description of the subjects involved, and of the time, place and manner in which interested persons may present their views. Additionally, the above notice of intended adoption to the Legislative Service Office shall also include a statement of reasons for the adoption of the rules.
(b) Prior to filing with the Secretary of State, the finalized rules of a state agency shall be submitted to the Governor for review and approval, and a copy be sent to the Legislative Service Office.
(c) An agency shall file each rule with the Secretary of State within sixty (60) days of the date of agency action adopting the rule or it is not effective.
(d) Filing by the Secretary of State is indicated by the Secretary of State's authenticating file stamp. Rules and regulations become effective immediately upon filing in the office of the Secretary of State, unless a later date is required by law or specified in the rule.
(e) If an agency finds that an emergency exists and the Governor concurs in such a finding by written endorsement on the original copy of the certification page of a proposed rule, the rule may be adopted and become effective immediately upon its being filed in the office of the Secretary of State and submitted to the Legislative Service Office. The rule so adopted shall be effective for a period of no longer than 120 days and to continue in effect must be refiled in the office of the Secretary of State.
Section 5. Certification Page for Regular Filing of Rules. Each set of rules, whether a new rule, amendment or repeal of an existing rule, shall carry a certification page with the following information:
(a) Name of the office or agency;
(b) Subject matter of the rules;
(c) Citation of the statutory authority under which the rules were adopted (Do not use the Administrative Procedure Act citation.)
(d) Statement that a copy of the rules was sent to the Legislative Service Office and the Attorney General's Office.
(e) Date the rules were made available for public inspection;
(f) If the rule to be filed is a new one, the certification page shall so state. If it is an amendment, the certification page shall designate the chapter(s) and section(s) being amended, repealed or superseded, or it shall designate that all previously filed rules are superseded; and
(g) The certification page shall be executed with the original signatures. The rules shall be:
(i) Signed by the person with authority over the agency; i.e. agency head, chairperson or president of the commission; etc. and
(ii) Approved and signed by the Governor;
(h) The date the rule was adopted by the agency head or board or commission;
(i) A statement of whether or not a disk is attached; (See Section 9)(See the example in Appendix A for the format of the Certification Page.)
Section 6. Certification Page for Emergency Rules. Each set of emergency rules, whether a new rule, amendment or repeal of an existing rule, shall carry a certification page with the following information:
(a) Name of the office or agency;
(b) Subject matter of the rules;
(c) Citation of the statutory authority under which the rules were adopted;
(d) Statement that a copy of the rule was sent to the Legislative Service Office and the Attorney General's Office.
(e) Statement that an emergency exists as approved by the Governor;
(f) If the rule to be filed is a new one, the certification page shall so state. If it is an amendment, the certification page shall designate the chapter(s) and section(s) being amended, repealed or superseded, or it shall designate that all previously filed rules are superseded; and
(g) The certification page shall be executed with the original signatures. The rules shall be:
(i) Signed by the person with authority over the agency; i.e. agency head, chairperson or president of the commission, etc. and
(ii) Approved and signed by the Governor;
(h) The date the rule was adopted by the agency head or board or commission;
(i) A statement of whether or not a disk is attached (See Section 9). (See the example in Appendix B for the format of the Certification Page for Emergency Rules.)
Section 7. Table of Contents. A table of contents for the set of rules shall appear after the certification page. The table of contents shall be prepared as follows:
(a) Chapter number and title are to be double-spaced;
(b) The sections within each chapter are to be listed numerically and under the appropriate headings of: section number, subject (catch words) and page number;
(c) Single space between sections within each chapter;
(d) Double space between chapters;
(e) Paging shall be by lower case letters of the alphabet in parentheses centered 1/2" from the bottom of the page.
(See the example in Appendix C for the format of the Table of Contents.)
Section 8. Form in Which Rules Shall be Prepared.
(a) The rules shall be submitted in clean, black type on 8 1/2" by 11" good quality paper; (b) Margins shall be approximately 1" at the top and 1 1/4" at the left, right and bottom margins; (c) The rules shall be single-spaced with double spaces between paragraphs; (d) Both sides of each page shall be used; and (e) Pages of the text shall be numbered, staring with Arabic numeral 1, centered 1/2" from the bottom of the page. The paging shall be consecutive beginning with Chapter I and continuing throughout all additional chapters.
Section 9. Number of Copies to be Filed and Electronic Copying. One clean copy with original signatures shall be submitted to the Secretary of State to be kept in the official Register of Rules and regulations and used for duplicating upon request from the public. A 3 1/2" or 5 1/4" computer diskette shall be submitted along with the hard copy. If possible, the rules shall be in Word Perfect format, otherwise ASCII will be acceptable.
Section 10. 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 11.
A chapter constitutes a principal division or subject area of each agency's rules. Each chapter shall be assigned a phrase denoting its coverage; for example, "GENERAL PROVISIONS," which shall be centered and typed in capital letters underneath the chapter number.
Section ____. (Arabic Numeral) (Indent 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. Catch words are to be underlined, with the first letter of the principal words capitalized.
Subsections and other divisions shall be indented as shown in the following example. The second line of each paragraph is to be typed by returning to the left margin.
(a) Subsections (divisions of sections) shall be identified by lower case letters in parenthesis, as: (a), (b), (c), etc. Use double letters when alphabet is exhausted, such as (aa), (bb), etc. After the double letters are exhausted use triple letters, such as (aaa), (bbb), etc.
(i) Paragraphs (divisions of subsections) shall be identified by lower case Roman numerals in parenthesis, as: (i), (ii), (iii), etc.;
(A) Subparagraphs (divisions of paragraphs) shall be identified by upper case letters in parenthesis, as (A), (B), (C), etc.;
(I) Subdivisions of subparagraphs shall be identified by upper case Roman numerals in parenthesis, and any smaller subdivisions shall be as follows:
(1.)
a.
Section 11. Federal Exemption, Arrangement of Rules. If an agency files rules with the federal government, it may file its rules in the same format so that the rules will correlate with each other or to save from having to rewrite them to comply with the Secretary of State.
Section 12. Filing New or Amended Rules.
(a) A certificate in the same form as shown on the certification page hereof and in Appendix A shall accompany each addition or amendment as the first sheet thereof. It shall identify each new rule or amendment it purports to cover, stating whether it is a new rule or an amendment. The certificate covering the amendment will show which rule [by chapter(s) and section(s) number] the amendment amends, supersedes or repeals, or it may state that all rules previously filed are superseded.
(b) An amendatory rule shall be submitted for filing as a complete file page so as to permit removal of the page containing the superseded rule and allow the substitution of the new page, bearing the same number as the page which is superseded. If the amended rule is more lengthy than the old one and the page upon which it appears will not contain all material, both old and new, an additional sheet will be added, numbered the same but followed with a lower case alphabetical sequence affix; for example, '10.a.'
(c) In the preparation of amended rules, it may be necessary to retype a page that has no changes in order to permit removal of the amended page: for example, if pages 3 and 4 are typed back-to-back and there is an amendment on page 3, this would necessitate retyping both pages 3 and 4 or the copying of 4 on the back of 3.
(d) Amendments or new rules must be prepared in the same manner and form prescribed above in Section 8. The table of contents and index (if any) must be changed to reflect amendments, additions or repeals.
Section 13. Inserting Additional Rules. For an orderly presentation, if an additional rule is adopted which must be interlineated between other already assigned numbers, it will be assigned the same section number as the one preceding the point where insertion is desired, followed by a period, then the number 1 in Arabic, followed by another period. If more than one section is added at this point, the numbers will follow in sequence. The following illustrates:
Section 42. Existing Material.
Section 42.1 New material.
Section 42.2 New material.
Section 43. Existing material.
The same pattern will be followed in adding new chapters: for example,
'CHAPTER VII.'
Section 14. 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 still publish its own rules in a pamphlet or a booklet and make them available to the public.
Section 15. Index. At the end of the body of rules submitted by an agency, an alphabetical index providing detailed cross references to the various provisions of the whole body or portion of the rules may be provided. Such an index must be made to refer to the sections and pages of the rules of the agency. If such an index exists, it must be changed to reflect new rules or other changes as they are submitted.