Attorney General

Tobacco Settlement Unit - Administration of the Complementary Act

Chapter 4: Appeals and Hearings

Effective Date: 11/07/2017 to Current

Rule Type: Current Rules & Regulations

Reference Number: 015.0016.4.11072017

Chapter 4

Appeals and Hearings

Section 1. Authority. These rules are promulgated by the Office of the Attorney General under the authority granted by W.S. 9-4-1205 through -1210.

Section 2. Purpose. The purpose of this chapter is to establish a system through which interested entities may appeal the decisions of the Tobacco Settlement Unit within the Office of the Attorney General and to provide standards of conduct for all hearings under this Chapter.

Section 3. Contested Case Proceedings.

(a) A tobacco manufacturer which is issued notice by the Tobacco Settlement Unit of the decision to deny listing or to de-list from the Directory of Certified Tobacco Product and which timely appeals that decision shall be entitled to a hearing before either the Attorney General or a designee of the Attorney General.

(b) In order for an appeal to be timely, the tobacco manufacturer must submit a written request for hearing to the Tobacco Administrator of the Tobacco Settlement Unit within twenty (20) days from the date that the manufacturer received the denial or de-listing notice.

(c) A notice of denial or de-listing is deemed received by the tobacco manufacturer either on the date of actual receipt or five (5) days after the date the notice was sent by the Tobacco Settlement Unit, whichever comes first.

(d) The hearing request must set forth the following:

1. (i) The name and address of the tobacco manufacturer's representative;
2. (ii) The decision by the Tobacco Settlement Unit which is being appealed;
3. (iii) A statement of facts on which the appeal is based; and
4. (iv) The relief sought.

(e) The uniform rules for contested case practice and procedure adopted by the Office of Administrative Hearings shall govern all contested case proceedings.

(f) The Attorney General shall issue a final decision within a reasonable time after the hearing.

Section 4. Incorporation by Reference.

(a) For any code, standard, rule or regulation incorporated by reference in these rules:

(i) The Attorney General has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this section;

(iii) The incorporated code, standard, rule, or regulation is maintained at the following address: 2424 Pioneer Avenue, Cheyenne, Wyoming 82001, suite 116.

(b) Each code, standard, rule, or regulation incorporated by reference in these rules is further identified as follows:

(i) Chapter 2 of the Uniform Rules for Contested Case Practice and Procedure adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at: