Wyo. Code R. 002-0016-3
Effective Date: 08/09/2021 to Current
Rule Type: Current Rules & Regulations
Reference Number: 002.0016.3.08092021
Types of Rules Filings
(a) Before submitting proposed rules with the Registrar of Rules, an agency shall request and receive permission to proceed from the Governor's Office.
(b) After receiving permission to proceed from the Governor's Office, an agency promulgating rules shall use the Administrative Rules System to submit its proposed rules consisting of:
(i) Proposed Rules PDF Packet that is searchable containing the:
(ii) Word (.docx) copy of the strike and underscore copy of each proposed rule chapter.
(A) If amendments are pervasive, strike and underscore are not required, but are still preferred. If strike and underscore are not used:
(I) Approval from the Attorney General's Office must be stated on the Notice of Intent; and
(II) The Statement of Reasons or other accompanying documents must clearly show the type of changes made and specifically include all substantive deletions and additions with appropriate citations to the sections affected.
(c) When the proposed rule packet receives approval as to form by the Registrar of Rules:
(i) The Administrative Rules System shall electronically deliver the packet to the Governor, Attorney General, and Legislative Service Office;
(ii) The Administrative Rules System shall electronically deliver the packet to individuals requesting notice of proposed rulemaking; and (iii) Individuals shall be able to comment on the proposed rules by using the Administrative Rules System.
(a) If an agency fails to file final rules within seventy-five (75) days from the date the rules are adopted, the agency shall file a new notice of intent to adopt the rules.
(b) Within ten (10) days of adopting rules, pursuant to W.S. 28-9-103(b), the agency shall use the Wyoming Administrative Rules System to submit its final rules consisting of:
(i) Final Rules PDF Packet that is searchable containing the:
(A) Certification page for regular and emergency rules bearing the signature of the agency, commission, or board authorized individual;
(B) Statement of principal reasons for adoption of rules;
(C) Summary of comments and responses. If an agency received no comments, the agency shall state that there were no comments;
(D) Clean copy of the each chapter of final rules; and
(E) Strike and underscore copy of each chapter of final rules.
(ii) Word (.docx) clean copy of each final chapter of rules.
(c) Rules are not officially filed until:
(i) The certification page bearing the Governor’s signature has been delivered to the Registrar of Rules; and
(ii) The rules have been processed and made available to the public on the Administrative Rules System.
(d) When the Governor line-item vetoes all or any portion of a rule, the agency shall modify the final rules document(s) by removing the vetoed content. The agency shall email the revised final copy of each modified rule to the Registrar at Rules@wyo.gov, and shall not submit the rules through the Wyoming Administrative Rules System.
(a) Agencies may modify final regular rules under this section without prior notice or a hearing.
(a) Emergency rules shall follow the same format as regular rules as set forth in Chapter 2, except that emergency rules shall, in boldface and underlined type, include the following statement directly below the Chapter Title:
with the Registrar of Rules.
(b) Identical or substantially similar emergency rules shall in no case be effective for a total period exceeding two hundred forty (240) days from the date first filed with the Registrar of Rules.
(c) An agency filing emergency rules shall use the Wyoming Administrative Rules System to submit its emergency rules consisting of:
(i) Emergency Rules PDF Packet that is searchable containing the:
(A) Certification page for regular and emergency rules;
(B) Statement justifying the emergency;
(C) Statement of Reasons;
(D) Clean copy of each emergency rule chapter; and
(E) Strike and underscore copy of each emergency rule chapter.
(ii) Word (.docx) clean copy of each emergency chapter of rules.
(d) Emergency rules are not officially filed until:
(i) The certification page bearing the Governor’s signature has been delivered to the Registrar of Rules; and
(ii) The emergency rules have been processed and made available to the public on the Wyoming Administrative Rules system.
(e) When the Governor line-item vetoes all or any portion of an emergency rule, the agency shall modify the emergency rules document(s) by removing the vetoed content. The revised final copy of the emergency rule(s) shall be emailed to the Registrar of Rules at Rules@wyo.gov and shall not be submitted via the Wyoming Administrative Rules System.
(a) An agency may withdraw any proposed rule at any time before the Governor acts on the proposed rule by notifying the Registrar of Rules at Rules@wyo.gov and the Governor’s Office.
(b) An agency may not withdraw a current rule or emergency rule.