Wyo. Code R. 002-0016-1
Effective Date: 06/29/1995 to 07/01/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0016.1.06291995
(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 of 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), as 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(i) 'Emergency rule' means a temporary rule adopted, amended or repealed pursuant to W.S. 16-3-103(b);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.
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 and regulations 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.
(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 format of the notice of intent shall conform to the sample notice contained in Appendix E to these rules.
(c) Computer diskettes must be submitted in an electronic program designated by the Secretary of State as required by W.S. 16-3-103(g). Although a diskette is required, the official notice of intent is the hard copy on file with the Secretary of State.
(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.)~~
(a) Table of Contents. A table of contents for the rules shall appear after the certification page. The table of contents shall be prepared as follows:
(i) Chapter number and title are to be double-spaced;
(ii) The sections within each chapter are to be listed numerically and under the appropriate headings of: section number, subject (catch words) and page number;
(iii) Single space between sections within each chapter;
(iv) Double space between chapters;
(v) 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.)
(b) Form in Which Rules Shall be Prepared.
(i) The regular rules shall be submitted with black type on 8 1/2' by 11' good quality white paper;
(ii) Emergency rules shall be submitted with black type on 8 1/2' by 11' good quality 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 start a new copied set 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 1/2' 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 a Roman Numeral page number (example: A-1).
(c) 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 Registry of Rules and to be used for duplicating upon request by the public. This hard copy is the official copy. A 3 1/2' or 5 1/4' computer diskette containing the new or amended rule (by chapter) shall be submitted along with the hard copy. The disk shall be labeled in pencil with the agency name, program and date updated. The Secretary of State's Office shall return the previous diskette on file to the agency.
(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. 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.
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 a new file page to replace the page that was on file. (This allows the Secretary of State to remove the page containing the superseded rule, substitute 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, and the agency does not want to file the entire chapter, an additional sheet will be added, numbered the same but followed with a numerical addition. Example: Chapter 3, page 6, insert one would read 3-6.1. Always start each chapter on a new page.
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.
(f) Inserting Additional Rules. If an agency amends rules to add to an existing section and does not want to refile the entire chapter, the numbering should reflect the addition, for example:
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 6.1"
(g) 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 should 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.
(h) The format for final rules is illustrated in Appendix D
Section 7. Format for Certification Pages.
(a) Regular rules submitted to the Secretary of State for filing shall include a certification page setting out all information necessary to evidence that the rules were adopted in compliance with all statutory requirements necessary to make the rules effective.
(b) The format of the certification page for regular rules shall conform to the sample certification page contained in Appendix A to these rules.
Section 8. Format for Certification Page for Emergency Rules.
(a) Emergency rules submitted to the Secretary of State for filing shall include a certification page setting out all information necessary to evidence that the rules were adopted in compliance with all statutory requirements necessary to make the rules effective.
(b) The format of the certification page for emergency rules shall conform to the sample certification page contained in Appendix B to these rules.
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.
(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 its rules as an Appendix rather than putting it in state format. If an agency uses this exemption, they may opt to file a summary page of changes with their 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 as an Appendix.);
(ii) be in the standard federal regulation format;
(iii) be referenced in the main part of the rules and regulations (An Appendix cannot stand alone);
(iv) be filed on 8 1/2' x 11' paper; and
(v) be printed in an easily readable format.
(b) Model - OPTIONAL. If an agency is adopting model rules and regulations, it may opt to, but is not required to file its rules as an Appendix 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 as an Appendix.)
(ii) be referenced in the main part of the rules and regulations (An Appendix cannot stand alone);
(iii) be filed on 8 1/2' x 11' paper; and
(iv) be printed in an easily readable format.
(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 do file their rules with the Secretary of State using the Certification Page for Rules of Agencies Exempt from the APA. (See Appendix F).
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 only 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 instead be filed as a supplement to the permanent rules and will be removed at the end of 120 days.
(b) Emergency rules will include the following statements:
(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
GENERAL INFORMATION:
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. 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.)
Yes _ No ___
3. Citation of Rules being created, amended or repealed:
4. Specific statutory authority to promulgate these rules, i.e., in addition to general authority under Wyoming Administrative Procedure Act:
5. Statement of principal reasons for adoption of these rules is on file at:
6. Does this rule replace an existing rule? Yes _ No___ If yes, which one?
NOTICE OF INTENDED RULEMAKING TO AG, LSO AND SECRETARY OF STATE
7. Notice of intended rulemaking containing all of the information required by W.S. 16-3-103(a) and conforming to the format prescribed by the Secretary of State was filed in the office of the Secretary of State on:__________
8. A copy of the notice of intended rulemaking was provided to the Attorney General on:
9. A copy of the notice of intended rulemaking was provided to LSO on:
Yes__No__ A copy of the proposed rules was provided to LSO with the notice of intended rulemaking.
Yes__No__ The copy of the proposed rules provided to LSO was in a strike and underline format.
10. Yes__No__ (If applicable) Notice was mailed 45 days in advance to all persons who made a timely request for advance notice.
11. Indicate one:
☐ Notice of intended rulemaking was published at least 45 days in advance of final adoption in the following newspapers on the following dates:
☐ Public notice was provided by other means at least 45 days in advance, as follows:
12. Yes__No__ The Agency publishes a newsletter, etc., for members.
If Yes, indicate one:
☐ Full text of proposed rules was published in newsletter in strike and underline format on:
☐ Notice of rulemaking only was published in newsletter prior to final adoption on:
13. Yes__No__ A public hearing was requested by 25 persons, a governmental subdivision or by an association having not less than 25 members.
14. Yes__No__ A public hearing was held on the proposed rules on:
15. Agency's adoption of rules occurred on:
16. Yes__No__ During the comment period, did any person urge the agency not to adopt the rule? If Yes: __ Objections and agency response were submitted to Governor and LSO with final rules.
17. Yes__No__ During the comment period, did any person request the agency to state its reasons for overruling the consideration urged against adoption? If Yes: __ Concise statement of principal reasons for overruling the considerations urged against the rule's adoption was mailed to each objecting person. __ Copy of Comment Summary sent to the Attorney General and LSO.
18. Yes__No__ (If applicable) Did Agency receive objections to statement made in public notice that rules were being adopted to comply with federal law or that the proposed rules meet or exceed federal requirements? If Yes: __ Objections and Agency response were submitted to Governor and LSO with final rules.
19. Yes__No__ During the comment period, did any person object to the accuracy of statements made by the agency? If Yes: __ Did the agency respond in writing to the objecting person either prior to adoption of the rule or within thirty days thereafter? Yes __ No__
20. Final rules were submitted to LSO for review within 10 days after date of final adoption, on:
21. Yes__No__ The attached rules conform to the format prescribed by the Secretary of State.
22. Yes__No__ A disk with an exact copy of the attached rules is attached.
The undersigned certifies that the foregoing information is correct.
_____
Title:_______
_____
Date:_______
_____
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 only 120 days
GENERAL INFORMATION:
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. 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.)
Yes _ No ___
3. Citation of Rules being created, amended or Repealed:
4. Specific statutory authority to promulgate these rules, i.e., in addition to general authority under Wyoming Administrative Procedure Act:________
5. Concise statement of emergency requiring promulgation of these rules without notice or opportunity for hearing:
6. Does this emergency rule replace an existing rule? Yes _ No ___
FILING WITH LSO:
7. In accordance with W.S. 16-3-104(b)(ii) a copy of these rules were filed with the Legislative Service Office on:
FINAL ADOPTION BY AGENCY:
8. Agency's adoption of rules occurred on:
FILING FINAL RULES WITH SECRETARY OF STATE:
9. Yes__No__ The attached rules conform to the format prescribed by the Secretary of State.
10. Yes__No__ A disk with an exact copy of the attached rules is attached.
CERTIFICATION BY AGENCY:
The undersigned certifies that the foregoing information is correct.
Title:________
Date:________
GOVERNOR'S CERTIFICATION:
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
| Section 1. | Authority. | 1-1 |
|---|---|---|
| Section 2. | Definitions. | 1-1 |
| Section 3. | General Provisions. | 1-1 |
| Section 4. | Format for Notice of Intent. | 1-2 |
| Section 5. | Format for Proposed Amendatory Rules. | 1-2 |
| Section 6. | Format for Final Rules Submitted for Filing. | 1-2 |
| Section 7. | Format for Certification Pages. | 1-4 |
| Section 8. | Format for Certification Page for Emergency Rules. | 1-4 |
| Section 9. | Copies of Rules. | 1-5 |
| Section 10. | Exemptions. | 1-5 |
| Section 11. | Effective Date. | 1-6 |
| Section 12. | Expiration of Emergency Rules. | 1-6 |
| 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.
(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 line up with the first letter of the first word of the next higher section as illustrated on this page.
(I) Subdivisions of subparagraphs -- upper case Roman numbers.
a.
(b) The page number should be an Arabic numeral, centered between margins, and approximately 1/2' 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 page you are changing is printed so that we can simply remove the old version and insert the new one. This means you must also copy whatever is on the back of the old page, even if it did not change. (Don't forget to send along a disk that includes the rules and regulations in WordPerfect or ASCII format.)
Appendix E
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