Wyo. Code R. 010-0005-55
General Agency, Board or Commission Rules
Chapter 55: Apiary Registration
Effective Date: 05/08/1991 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0005.55.05081991
Section 1. Authority. Pursuant to the authority vested in the Department by virtue of W.S. 11-2-202(a)(vi), and W.S. 16-3101 through 16-3-115, the following rules and regulations pertaining to the registration of apiaries are hereby promulgated and adopted.
Section 2. Definitions. Terms used in these regulations are in addition to those set forth in W.S. 11-7-131 1983, as amended. The following terms shall have the meaning stated below:
(a) Apiary location means the geographical location as designated by the legal-land description required for apiary registrations under W.S 11-7-201(b)(iii).
(b) Disputed location means any apiary location which is contested by one (1) or more beekeepers or the Department.
(c) Registered apiary location means an apiary location that has met all applicable requirements for registration as required by the Wyoming Apiary Law and for which a certificate of registration has been issued.
(d) Unregistered apiary location means a location that has not met all applicable requirements for registration as required by the Wyoming Apiary Law and for which NO certificate of registration has been issued.
Section 3. Apiaries Placed on Unregistered Locations or Within Two (2) Miles of an Existing Registered Apiary.
(a) If any location is disputed, no registration will be issued for the location until a formal hearing is conducted.
(b) Upon receipt of a complaint that an apiary is unregistered or is within two (2) miles of an existing registered apiary, the Department will issue the owner of the apiary, written notice specifying the cause of the complaint. Such notice shall:
(i) Establish a date for a formal hearing, to resolve the matter raised by the complaint.
(c) If on or before the date set for hearing, the respondent establishes to the satisfaction of the Department that he has:
(i) submitted a proper registration application for the apiary and received approval for that apiary, or
(ii) Moved the apiary to a registered location, or
(iii) Removed the apiary from the statethe complaint shall be dismissed.
(d) If the Department receives no response from the respondent, the Department may, following a hearing to establish the matter alleged, issue an order in default.
(e) On the basis of the evidence produced at any hearing, the Department shall make findings of fact and conclusions of law and enter an order thereon. The Department shall give written notice of such order to the respondent and to such other persons as shall have appeared at the hearing and made written request for notice of the order. If the respondent does not comply with the order and make the necessary corrections, the Department will bring an action to enforce its order.
(f) All hearings will be conducted according to the Wyoming Administrative Procedures Act and rules adopted by the Wyoming Department of Agriculture.
(a) W.S. 11-7-201(h) provides that failure or refusal to register an apiary as required by statute is a misdemeanor punishable by a fine of not more than five hundred (500) dollars or imprisonment for not more that six (6) months or both. The Department will cooperate with county and district attorneys in the prosecution of offenses under W.S. 11-7-201(h).