Wyo. Code R. 002-0016-3
Effective Date: 03/22/2017 to 08/09/2021
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0016.3.03222017
Types of Rules Filings
Section 1. Proposed Rules. Required rule documents that propose to create, amend, or repeal existing rules shall be sent to the Governor's Office for initial approval a minimum of ten (10) working days prior to filing the proposed rules with the Registrar of Rules. Upon approval from the Governor's Office:
(a) An agency promulgating rules shall use the Administrative Rules System to submit their proposed rules consisting of:
(i) Proposed Rules Packet PDF containing the:
(ii) Word (.docx) copy of the strike and underscore copy of each proposed rule chapter.
(b) When the proposed rule packet receives approval as to form by the Registrar of Rules:
(i) The packet shall be immediately delivered, via the Administrative Rules System, to the Governor, Attorney General, and Legislative Service Office thereby eliminating paper delivery;
(ii) The packet will be delivered to individuals requesting notice, via GovDelivery, of proposed rulemaking; and
(iii) Individuals will be able to immediately comment on the proposed rules by using the public comment link available on the Administrative Rules System.
(c) Rules that propose to amend existing rules shall be prepared in the following format:
(i) New language being added shall be underscored;
(ii) Deletions of existing language shall be shown by striking through the deleted language;
(iii) If amendments are pervasive, strike and underscore are not required, but are still preferred. If strike and underscore are not used:
(A) Approval from the Attorney General’s Office must be stated on the Notice of Intent form; and
(B) 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.
(a) Final rules must be submitted for filing with the Registrar of Rules within seventy-five (75) days of the date the rules are adopted.
(b) Following adoption, an agency finalizing rules shall use the Wyoming Administrative Rules System to submit their final rules consisting of:
(i) Final Rules Packet PDF 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;
(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) If no comments were received, the summary of comments should indicate such.
(d) After the Governor has signed the Certification Page, the Attorney General’s Office shall deliver the Certification Page to the Registrar of Rules for filing.
(e) 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.
(f) 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 revised final copy of the 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) After filing rules with the Registrar of Rules, an agency may not file changes to the rules due to typos, errors or reorganization of text unless there is clearly no change of meaning. Moving text from one chapter to another (under this Section) is disallowed. Agencies shall consult with their Attorney General representative regarding whether non-substantive changes to the rules may be filed.
(b) Subsection (a) notwithstanding, an agency may, with the Attorney General's concurrence, amend a rule without prior notice or hearing if the amendment is solely for the purpose of:
(i) Changing the name of an agency by reason of a name change prescribed by law;
(ii) Correcting spelling and grammatical mistakes in a manner that does not alter the scope, application or meaning of the rule;
(iii) Correcting statutory or rule references; or
(iv) Correcting addresses, telephone numbers, website or email addresses.
(c) Any rules that are submitted to the Registrar of Rules pursuant to this Section 3 shall:
(i) Be submitted electronically to the Registrar of Rules at Rules@wyo.gov and shall not be submitted via the Wyoming Administrative Rules System.
(ii) Include the PDF of the Non-Substantive Corrections Explanation of Changes form bearing the signature of the agency, commission, or board authorized individual as well as the Attorney General representative; and
(iii) Contain the entire chapter of the corrected rules and be provided in a Word (.docx) format.
(a) Emergency rules shall follow the same format as regular rules as set forth in Chapter 2 with the following addition:
(i) Emergency Rules shall, in boldface and underlined type, include the following statement directly below the Chapter Title:
“Emergency rules are in effect no longer than 120 days after filing with the Registrar of Rules.”
(b) Emergency rules temporarily amend or repeal current rules or temporarily create a rule where none existed.
(i) An emergency rule shall not be in effect for longer than 120 days from the date filed with the Registrar of Rules. On the 121st day the emergency rule expires and the pre-existing current rule, if any, returns to force and effect; unless:
(A) A regular rule is filed with the Registrar of Rules to replace the emergency rule prior to its expiration; or
(B) Another emergency rule, identical or not, is adopted by the agency, signed by the Governor, and filed with the Registrar of Rules to replace the first emergency rule; however,
(i) 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.
(ii) Emergency rules shall bear the endorsement of the Governor before the Registrar of Rules may file the Emergency rule.
(iii) Emergency rules are adopted without notice or opportunity for public comment.
(c) An agency filing emergency rules shall use the Wyoming Administrative Rules System to submit their emergency rules consisting of:
(i) Emergency Rules Packet PDF containing the:
(A) Certification page for regular and emergency rules;
(B) Memorandum to the Governor documenting the emergency;
(C) Clean copy of each emergency rule chapter; and
(D) Strike and underscore copy of each emergency rule chapter.
(ii) Word (.docx) clean copy of each emergency chapter of rules.
(d) After the Governor has signed the Certification Page, the Attorney General’s Office shall deliver the Certification Page to the Registrar of Rules for filing.
(e) 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.
(f) 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.