Wyo. Code R. 040-0001-1
Effective Date: 09/24/2007 to 07/10/2013
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.1.09242007
Section 1. Authority. This regulation is promulgated by authority of W.S. §23-1-302, W.S. §23-1-303 and W.S. §16-4-204.
Section 2. Regulation. The Commission hereby adopts the following regulation to provide guidelines and provisions for adequate and reasonable public access to documents, files, information, lists and records 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 This regulation shall remain in effect until modified or repealed by the Commission.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 16 (Public Records Act) and Title 23, Wyoming Statutes, and the Commission also adopts the following definitions:
(a) "Access" means the ability for the public to obtain during established Department business hours records, information contained in files, documents, special requests, non-fee requests, routine requests or lists produced by the Department or the Commission.
(b) "Privileged and Confidential Records" means those records set forth in W.S. §16-4-203 (a), (b) and (d) and may also include (g). Privileged and Confidential Records do not include any photographs, art prints or other artistic productions which are copyrighted or protected by patent. Copyrighted or patented material shall only be released at the discretion of the Department or Commission. Any copyrighted or patented material obtained by an inspection shall not be resold without the written permission of the Department or Commission.
(c) "Examination of Records" means inspection by the public during established Department business hours of those records in physical custody (except as a secondary custodian) of the Department or Commission. If examination requires facilities other than the offices of the Department, the person making the request shall be charged the cost of providing the facilities. In addition, the Department shall charge a fee as set forth in Section 6 (h) in these rules.
(d) "Lists" means those lists containing item-by-item entry of persons or information routinely created by the Department or Commission in the normal course of business. Lists can also be special requests when the information requested is not routinely created by the Department or the Commission.
(e) "Non-fee Requests" means those requests which do not include Privileged and Confidential records and which require minimal preparation. These include requests, as determined by the Department, for general information of five (5) pages or less; regulations; information brochures; electronic data routinely provided at no cost and/or intended for mass distribution; and information covered under an MOU, contract or reciprocal relationship. These requests are limited to no more than five (5) pamphlets, five (5) brochures or five (5) items, which qualify as "non-fee requests." If the request exceeds this amount, then a fee shall be charged for the additional information requests as set forth in Section 6 (h) in these rules.
(f) "Records" means, in addition to the definitions in the Public Records Act, those office files and memoranda, including all correspondence, exhibits, books, booklets, drawings, maps, forms, documents, information, lists, writings, video or electronic records routinely created by the
Department or Commission in the normal course of business, or considered public documents under Wyoming 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. The Department shall inform any requester that a public record exists primarily or solely in an electronic format. The Department shall charge a fee for an electronic record as set forth in Section 6 (h) in these rules.
(g) "Routine Request" means a request for information that is created by the Department or Commission in the normal course of business for monetary distribution through the Department. (h) "Special Requests" means a request for those lists or data or public records not routinely produced by the Department in the normal course of business and that require additional preparation and expense. (i) "Limited Time and Emergency Situations" means a request for information, which requires a turn around time of forty-eight (48) hours or less. (j) "Secondary Custodian" means division, agency officer or employee of the Department or Commission that provides for only the processing of/or storage of a state agency public record for which the Department or Commission is not the owner.
Section 4. Disclosure. Computerized lists of names and addresses, public records or statistical data routinely produced by the Department or Commission shall be available for inspection during established business hours of the Department. All requests for access to public records for inspection, copying or other lawful purposes, which the Department or Commission is a secondary custodian, shall come from the official custodian of the public record as defined in W.S. §16-4-201(a)(ii). Any person seeking information held by the Department or Commission as a secondary custodian shall be directed to make such request to the official custodian of that specific public record.
Section 5. Exception to Disclosure. Those documents classified by law as Privileged and Confidential and copyrighted or patented shall not be available to public inspection, except at the discretion of the Department or Commission.
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 records, non-routine produced lists, and data in a prescribed format. (i) Special requests shall be submitted in writing to the Administration 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. These fees (computerized license draw information) are as follows:
| SPECIES | LISTS | DISKS | |
|---|---|---|---|
| NR DEER REGION | A | 40.00 | 125.00 |
| B | 40.00 | 125.00 | |
| C | 40.00 | 125.00 | |
| D | 20.00 | 75.00 | |
| E | 20.00 | 75.00 | |
| F | 20.00 | 75.00 | |
| G | 20.00 | 75.00 | |
| H | 20.00 | 75.00 | |
| J | 20.00 | 75.00 | |
| K | 20.00 | 75.00 | |
| M | 20.00 | 75.00 | |
| R | 20.00 | 75.00 | |
| NR 'SPECIAL' DEER | A | 20.00 | 75.00 |
| B | 20.00 | 75.00 | |
| C | 20.00 | 75.00 | |
| D | 20.00 | 75.00 | |
| E | 20.00 | 75.00 | |
| F | 20.00 | 75.00 | |
| G | 20.00 | 75.00 | |
| H | 20.00 | 75.00 | |
| J | 20.00 | 75.00 | |
| K | 20.00 | 75.00 | |
| M | 20.00 | 75.00 | |
| R | 20.00 | 75.00 | |
| RESIDENT DEER | 80.00 | 125.00 | |
| NONRESIDENT ELK | 60.00 | 125.00 | |
| NONRESIDENT 'SPECIAL' ELK | 60.00 | 125.00 | |
| RESIDENT ELK | 160.00 | 500.00 | |
| NONRESIDENT ANTELOPE | 160.00 | 500.00 | |
| NR 'SPECIAL' ANTELOPE | 160.00 | 500.00 | |
| RESIDENT ANTELOPE | 120.00 | 250.00 | |
| NONRESIDENT MOOSE | 20.00 | 75.00 | |
| RESIDENT MOOSE | 20.00 | 75.00 | |
| NR BIGHORN SHEEP | 20.00 | 75.00 | |
| RESIDENT BIGHORN SHEEP | 20.00 | 75.00 | |
| NR MOUNTAIN GOAT | 20.00 | 75.00 | |
| REGISTERED BOATER | N/A | 1,500.00 | |
| NR FISH LICENSE HOLDERS | N/A | 1,500.00 |
(c) Non-fee requests need not be submitted in writing, but shall be directed to appropriate Department personnel.
(d) Fees for record requests shall be as set forth in subpart (h) herein.
(e) Payment shall be required to accompany all orders over ten dollars ($10.00).
(f) Postage and handling may be added to any published costs or special requests.
(g) The Department shall respond to the request within ten (10) working days if the record or other information is in the immediate custody of the Department or Commission. If the records requested are not in the immediate custody of the Department or Commission, the applicant shall be notified that additional time will be needed to respond to the request.
(h) To insure uniformity in the collection of fees for Special Information, the following fee schedule has been adopted by the Commission for Department use:
Fees:
Photocopy Charges... $.50 per page for the first 10 pages and $.25 Per page for each additional page. The Minimum charge for photocopies is $3.00.
Certified Copies... $2.00 per page is to be added to the Photocopy Charges. (i.e. $2.50 per page for the first 10 Pages and $2.15 for each additional page.)
Employee Time... The actual cost for employee time shall be assessed at $14.00/hour for clerical time and $24.00/hour for professional time.
Postage and Handling... Postage and handling fees (if necessary) will be assessed at the cost of the postage and mail cartons or packages.
Limited Time/Emergency Requests... In Limited time/emergency situations, personnel time and Production costs will be doubled.
Excessive Non-Fee Requests... Cost of providing pamphlets, information, brochures and other items in excess of five shall be the actual cost incurred by the Department in purchasing or producing the material.
Electronic Format... Costs of producing a copy, costs of constructing the record, including costs of programming and computer service assessed at $31.00 /hour. If the request requires Wyoming State Mainframe use to retrieve or compile information, the requester shall, also pay the direct costs billed to Game & Fish by the Department of A & I for use of the State's Mainframe.
(i) Payment should be obtained in advance for all requests over $10.00, and no information will be released without receipt of payment in full.
(j) Requests for Publications, License Lists, Computer Disks, or other Department products should be referred to Alternative Enterprises or appropriate Division Administration in the Cheyenne Office, (307) 777-4600.
(k) All requests for information regarding either pending or possible litigation is confidential and should be immediately referred to the appropriate Division Administration.
(l) All requests for Special Information should be recorded using an invoice. Once the work has been completed, a copy of the invoice and the payment should be sent to the Office of the Director in the Cheyenne office.
Section 7. Requests from Governmental Entities. Requests from the Federal Government, its agencies, other states and their agencies, other Wyoming State Agencies, Wyoming Counties, municipalities, power districts, conservation districts, the Wyoming Legislature, Legislative Service Office, libraries and requests from individual legislators, in their legislative capacity, for documents shall be furnished free of charge. These requests do not include requests for lists except that other wildlife agencies are entitled to lists of hunters from their states if the request concerns wildlife disease issues.
Section 8. Routing of Requests. All requests for information shall first be routed through the Office of the Director excluding non-fee requests and routine requests (hunter lists or disks).
Section 9. Disclaimer. The Commission and Department assume no responsibility for the illegal or fraudulent use of any information provided by this regulation.
Section 10. 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:
Jerry Sanders, President
Dated: June 23, 2003