Wyo. Code R. 040-0001-1
Effective Date: 08/08/2000 to 09/24/2007
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.1.08082000
Section 1. Authority. This regulation is promulgated by authority of W.S. §23-1-302 and W.S. §16-4-204.
Section 2. Regulation and Effective Date. The Commission hereby adopts the following regulation to provide guidelines and provisions for adequate and reasonable access to records and information maintained by the Commission and Department. This regulation shall remain in effect until modified or repealed by the Commission.
Section 3. Definitions. For the purpose of this regulation, definitions shall be as set forth in Title 23, Wyoming Statutes, and the Commission also adopts the following definitions:
(a) 'Access' means the ability to obtain during established business hours information contained in files, documents, or lists produced by the Department.
(b) 'Confidential Records' means those records set forth in W.S. §16-4-203(d)(i); (b)(iv) & (v); involving attorney work product, attorney client privilege, settlement negotiations, and all other records held confidential and privileged by statute, case law, or otherwise; or copyrighted, patented, or confidential by Federal law or regulation. 'Confidential records' may also include those records set forth in W.S. §16-4-203(b)(i)(ii)(iii) and (g).
(c) 'Examination of Records' means inspection during established business hours of those records in physical custody of the Department.
(d) 'Lists' means those lists routinely created by the Department in the normal course of business.
(e) 'Nonfee requests' means those requests which do not include confidential records and which require minimal preparation. These include requests for general information of five (5) pages or less; regulations; information brochures or Geographic Information System (GIS) data routinely provided at no cost and/or intended for mass distribution; and information covered under an MOU, contract or reciprocal relationship.
(f) 'Records' means those office files and memoranda, including all correspondence, exhibits, books, booklets, drawings, maps, forms, documents or electronic records routinely created by the Department in the normal course of business, or considered public documents under Wyoming's Governor's Executive Order 1999-4 and which does not include any later amendments or editions of the incorporated matter. A copy of Wyoming Governor's Executive Order 1999-4 can be viewed at the Human Resources Office of the Department in Cheyenne.
(g) 'Routine Request' means information created by the Department in the normal course of business for distribution through the Alternative Enterprises Section of the Department.
(h) 'Special Requests' means those lists or data not routinely produced by the Department in the normal course of business and that require additional preparation and expense.
Section 4. Disclosure. Computerized lists of names and addresses or statistical data routinely produced by the Department shall be available for inspection during established business hours of the Department.
Section 5. Exception to Disclosure. Those documents classified by law as confidential shall not be available to public inspection.
Section 6. Fees, Payments and Requests for Records and Information. This section is promulgated by authority of W.S. §16-4-204.
(a) Fees for special requests shall include all direct and indirect agency costs associated with obtaining and reproducing data in a prescribed format. Such costs shall be as provided in Commission policy. A copy of the Commission policy can be viewed at all Department Regional Offices and the Cheyenne Office.
(i) Special requests shall be submitted in writing to the Administration of the appropriate Division or Office of Director, Wyoming Game and Fish Department, 5400 Bishop Blvd., Cheyenne, Wyoming 82006.
(b) Fees for routine requests shall be published on the order form provided by the Department. Fees may vary depending upon media type requested.
(i) Routine requests shall be submitted on forms provided by the Department.
(c) Nonfee requests need not be submitted in writing, but shall be directed to appropriate Department personnel.
(d) Payment may be required to accompany all orders.
(e) Postage and handling may be added to any published costs or special requests.
(f) The Department shall respond to the request within ten (10) working days. If the records requested are not in the immediate custody of the Department, the applicant shall be notified. Limited time or emergency requests shall be assessed additional fees.
Section 7. Disclaimer. The Commission and Department assume no responsibility for the illegal or fraudulent use of any information provided by this regulation.
Section 8. Savings Clause. If any provision of this regulation shall be held to be illegal or unconstitutional, such a ruling shall not affect other provisions of this regulation which can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of this regulation shall be severable.
By: J. MICHAEL POWERS, PRESIDENT
Dated: July 27, 2000