Wyo. Code R. 040-0001-1
Effective Date: 03/23/1993 to 08/08/2000
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.1.03231993
Section 1. Authority. This regulation is promulgated by authority of W.S. 23-1-302.
Section 2. Purpose of the Rule. The Game and Fish Commission hereby adopts the following regulation to provide guidelines and provisions for adequate and reasonable access of records maintained by the Wyoming Game and Fish Commission and Department. This regulation shall remain in effect until modified or rescinded by the Commission.
Section 3. Definitions.
(a) “Access” means the ability to obtain the information in files, documents, or lists produced by the department during normal work hours, or by written request.
(b) “Confidential Records” means those records set forth in W.S. 16-4-203(d)(i)(iii)(iv);(b)(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.
(c) “Commission” means the Wyoming Game and Fish Commission.
(d) “Department” means the Wyoming Game and Fish Department.
(e) “Examination of Records” means those records in physical custody of Department during routine business hours.
(f) “Lists” means those lists routinely created by the department in the normal course of business.
(g) “Records” means those office files and memoranda, including all correspondence, exhibits, books, booklets, drawings, maps, forms, or documents routinely created by the department in the normal course of business.
(h) “Routine” means that which is created by the department in the normal course of business.
(i) “Special Requests” means those lists or data not routinely produced by the department in the normal course of business that require additional processing and expense.
Section 4. Disclosure. Computerized lists of names and addresses or statistical data routinely produced by the department shall be available for inspection to all inquiries during established business hours of the agency.
Section 5. Exception to Disclosure. Those documents classified by law as privileged or confi- dential will not be available to public inspection.
Section 6. Fees, Payments and Orders. This section is promulgated by authority of W.S. 16-4-204.
(a) Fees for standard license lists, booklets, publications, and all copies shall include, but not be limited to, all direct and indirect agency costs associated with obtaining and reproducing data in a prescribed format. Examples of such costs include the following:
(i) Labor costs of computer and clerical personnel, including salary costs, training costs, overtime, supervisory overhead, and related employee fringe costs.
(ii) Operating costs, such as printing, reproduction, and related supplies.
(iii) Fixed costs, such as insurance, equipment maintenance, and depreciation.
(iv) Other costs, as identified particular to supplying the goods or services.
(b) Fees for other than special requests, shall be published on the order form by the Information and Education Services Division of the Wyoming Game and Fish Department. Fees may vary depending upon media type requested.
(c) Payment must accompany all orders.
(d) Postage and handling may be added to any published costs or special requests.
(e) All orders and requests for information shall be submitted in writing to the Information and Education Services Division, Wyoming Game and Fish Department, 5400 Bishop Boulevard, Cheyenne, Wyoming 82006, upon prescribed order or request for information form. No forms will be processed unless all information is complete.
Section 7. Requests for Information. Requests for information shall be submitted in writing or submitted on forms provided by the Department with the appropriate fee as indicated. The Department will respond within a reasonable period of time. If the records requested are not in the custody or control of the department, applicant will be notified, as in the case if records are in active use or storage and not available at the time of request for examination or copy. Limited time or emergency requests will be assessed additional fees.
Section 8. Special Requests. Requests for information that is not routinely produced by the department in the normal course of business that will require additional processing and expense. A fee will be assessed after determination of cost and feasibility. The fee may include computer programming fees. Response time may vary depending on request. Payment will be required in advance of any processing of request.
Section 9. State or Local Government Agencies. Requests from a government agency or political subdivision of Wyoming shall be processed at the actual direct cost incurred by the Department.
Charges may be waived for those government agencies or political subdivisions which have an informational sharing agreement with the department.
Section 10. Disclaimer. The Wyoming Game and Fish Commission assumes no responsibility for the illegal or fraudulent use of any information as provided by this Regulation.
Section 11. Savings Clause. If any provision of these regulations is held to be illegal or unconstitutional, such a ruling shall NOT AFFECT other provisions of these regulations which can be given effect without the illegal or unconstitutional provision and, to this end, the provisions of this regulation are severable.
WYOMING GAME AND FISH COMMISSION
DATED:____ BY:______ Kevin Dooley, President Wyoming Game and Fish Commission