Administration & Information, Dept. of

Director's Office

Chapter 1: Department of Administration and Information Services and Fees to Boards and Commissions

Effective Date: 03/02/2015 to Current

Rule Type: Current Rules & Regulations

Reference Number: 006.0011.1.03022015

CHAPTER 1

DEPARTMENT OF ADMINISTRATION AND INFORMATION SERVICES AND FEES TO BOARDS AND COMMISSIONS

Section 1. Purpose.

These rules are created under Wyo. Stat. Ann. § 33-1-302(a)(viii) (House Enrolled Act 40 (2014)) which requires the Department of Administration and Information (Department) to promulgate rules setting forth the rate that licensure boards and commissions shall pay to the Department for services necessary to support the operation of the board or commission. The rules also describe how a board or commission may request to terminate the Department's required services.

Section 2. Scope.

Except as otherwise specifically provided by statute, these rules apply to any board or commission who is authorized to establish examination, inspection, permit, or licensure fees for any profession or occupation regulated under title 33 or under Wyo. Stat. Ann. §§ 11-25-105, 21-2-802, or 23-2-414.

Section 3. Reimbursed Expenses/Rates and Service Agreement.

(a) Each board or commission described in section 2 of these rules shall receive budget, fiscal, administrative, and clerical services from the Department. The Department will utilize its professional licensing board section (the PLB) in performing these services. In return, each board or commission shall reimburse to the Department the expenses incurred by the PLB performing the work for the board or commission at the rates described below:

(i) Administrative fee - this is calculated as a percentage of the cost of payroll, including salary, overtime, and benefits, for all PLB employees providing services to the boards and commissions, hereinafter referred to as total payroll. For instance, if the PLB employees spend ten percent (10%) of their time providing services to a specific board or commission, that board or commission is responsible to reimburse the Department ten percent (10%) of the PLB's total payroll.

(ii) Telephone charges, including conference calls and long distance phone calls;

(iii) Copier charges;

(iv) Supplies;

(v) Information technology costs; and (vi) Other necessary expenses incurred by the PLB in providing the necessary services.

(b) The above mentioned expenses and rates shall be memorialized in a written interagency service agreement between the board or commission and the PLB.

(c) The service agreement shall contain, at a minimum, the following:

(i) Description of all PLB services provided to the board or commission;

(ii) Description of the board’s or commission’s responsibilities; and

(iii) Description of how the PLB’s expenses will be calculated and billed to the board or commission.

Section 4. Termination of Department Services.

(a) A board or commission may request to not utilize the PLB’s services under Wyo. Stat. Ann. § 33-1-302(a)(viii) and request to terminate the services upon demonstration to the Department that the board or commission is financially independent and able to secure staff to perform the functions necessary of independent operation. In determining whether a board or commission is financially independent and able to secure staff to perform the functions necessary for independent operation the Department will look at several factors, including but not limited to :

(i) Whether the board’s or commission’s revenues meet or exceed its expenditures for one fiscal year or licensing cycle;

A. Newly created boards or commissions may demonstrate this requirement through its first year budget projections.

(ii) Whether the board or commission has any outstanding fiduciary obligations/debts; and

(iii) Whether the board or commission is financially able to employ qualified staff to perform the board’s or commission’s necessary tasks.

(b) To request termination of the PLB’s services, the board or commission shall submit a request in writing to the Department on a form provided by the Department. The form may be requested from the Department at its office. The board or commission shall also provide all documents requested by the Department.

(c) Upon receipt of the written request and all required documents, the Department shall review the request and determine, at the Department’s sole discretion, whether the board or commission may terminate the PLB’s services under Wyo. Stat. Ann. § 33-1-302(a)(viii).

(d) The board or commission will be notified in writing of the Department's decision including the specific reasons for denying or granting the request.

(e) A board or commission may at any time after terminating services request the PLB's services. The board or commission will be required to enter into a service agreement with the Department.

Section 5. Continuing Obligation to Notify Department.

(a) If the board or commission is allowed by the Department to terminate the PLB's services, the board or commission has a continuing obligation to promptly notify the Department in writing if at any time it no longer satisfies the conditions outlined in section 4(a) of these rules, including the specific factors outlined in the approval letter that the Department relied upon in approving the termination request.

(b) Upon written notification by the board or commission that it no longer meets the conditions in section 4(a) of these rules, the PLB and the board or commission shall promptly enter into a service agreement described in section 3 of these rules.