Wyo. Code R. 051-0001-21
General Agency, Board or Commission Rules
Chapter 21: Re-recording of Livestock Brands
Effective Date: 01/23/2004 to 11/20/2020
Rule Type: Superceded Rules & Regulations
Reference Number: 051.0001.21.01232004
Rules Governing the Re-recording of Livestock Brands
(a) Pursuant to the authority vested in the Wyoming Livestock Board by virtue of W.S. 11-18-103(v), and W.S. 11-20-115 (b) the following rules are hereby promulgated.
(a) The purpose of these rules is to define the term of the recording period and the method used to determine the renewal used for re-recording brands after the 2005 Brand renewal.
(a) For the purposes of implementing the brand recording program, the definitions in W.S. 11-20-101 and the following definitions are applicable.
(i) “Abandoned Brand” means any brand that is not legally re-recorded within 60 days of the expiration date of the brand.
(ii) “Board” means the Wyoming Livestock Board; State Agency 051.
(iii) “Brand” means a brand, mark, or other Board approved means of identification including any electronic device used for livestock identification.
(iv) “Brand Application” means the process of applying for a new brand. A brand application is separate and apart from a brand transfer or renewal.
(v) “Brand Owner” means the party, individual, persons, business, trust, corporation, or any other entity that has a legally recorded Wyoming Livestock Brand.
(vi) “Brand Recorder” means an agent or employee of the Board authorized to record brands.
(vii) “Brand Renewal” means the legal process used to re-record a brand after the expiration date of the brand as specified by law or rule.
(viii) 'Brand Transfer' means the process of transferring ownership of a recorded brand by sale, assignment, transfer, devise or descent through the use of instruments of writing evidencing sale, assignment or transfer acknowledged and recorded in the office of the Board as proscribed by W.S. 11-20-109. A Brand Transfer is separate and apart from a brand application or renewal.
(ix) 'Last Known Address' means the address used in the brand record.
(x) 'Livestock' means cattle, horses, mules, asses, and sheep. The Board acting in conjunction with the Game and Fish Commission may designate bison or identifiable herds of bison as wildlife.
(xi) 'Renewal Notice' means the letter sent to the Brand Owner stating the renewal period, specified fee, and any other information needed to re-record the brand.
(xii) 'Renewal Period' means the 60-day period between January 1, 2005, and March 1, 2005, and any subsequent renewal period as specified by law or Board Rules.
(a) Penalties for a violation of these rules will be pursuant to law.
(a) Every owner of a brand shall re-record the brand with the Wyoming Livestock Board. Every brand recorded prior to January 1, 2005, is subject to renewal regardless of the issue date. Brand applications will be worked in date order as they arrive in the office. No brand applications will be held until after the renewal period.
(b) Failure to re-record a brand under the provisions of this section shall be considered an abandonment of the brand as described by W.S. 11-20-115. The use of any unrecorded or abandoned brand to identify livestock is prohibited by law.
(c) The 2005 renewal period shall be a term of 60 days between January 1, 2005, and March 1, 2005, as proscribed by W.S. 11-20-115. Completed renewal notices accompanied by the correct fees will be accepted by the Board from the time of the first renewal notices are sent out until the end of the renewal period. Any renewals postmarked after March 1, 2005, shall be considered to have missed the renewal period. There is no provision under W.S. 11-20-115 for a grace period on re-recording.
(d) Abandoned brands may be applied for by other applicants. The application for any abandoned brand shall be considered a new brand application and shall be subject to the provisions of W.S. 11-20-104.
(e) Brand recordings shall be staggered in intervals of two (2) years based on the original issue date of the brand. Brands will be recorded for a period of up to but not to exceed ten (10) years. A transfer of ownership or name change or other alteration of the brand recording shall not affect the renewal period as determined by the Board.
(f) All brands recorded after January 1, 2005, shall be subject to re-recording in staggered increments based on the initial year of the recording as determined by the board.
(g) Effective January 1, 2005, brands originally issued in years ending in “5” and “6” shall be recorded for a period of two (2) years and then shall be subject to re-recording January 1, 2007, and then shall be re-recorded for a period of ten (10) years.
(h) Effective January 1, 2005, brands originally issued in years ending in “7” and “8” shall be recorded for a period of four (4) years and then shall be subject to re-recording January 1, 2009 and then shall be re-recorded for a period of ten (10) years.
(i) Effective January 1, 2005, brands originally issued in years ending in “9” and “0” shall be recorded for a period of six (6) years and then shall be subject to re-recording January 1, 2011, and then shall be re-recorded for a period of ten (10) years.
(j) Effective January 1, 2005, brands originally issued in years ending in “1” and “2” shall be recorded for a period of eight (8) years and then shall be subject to re-recording January 1, 2013, and then shall be re-recorded for a period of ten (10) years.
(k) Effective January 1, 2005, brands originally issued in years ending in “3” and “4” shall be recorded for a period of ten (10) years and then shall be subject to re-recording January 1, 2015, and then shall be re-recorded for a period of ten (10) years.
(l) Notification of the renewal shall be sent out to the last known address of the brand owner at least 60 days prior to January 1, 2005. A second renewal notice shall be sent to brand owners who have not paid the renewal fees on their brands within eight (8) weeks after the first renewal notice was sent. No more than two (2) renewal notices shall be sent out to the last known address of the brand owner.
(m) The brand owner shall complete the application section on the renewal notice and send the notice back to the board along with the specified renewal fee prior to the end of the renewal period.
(n) Any brand renewed with an insufficient funds check will be considered abandoned unless sufficient funds are received by the board prior to the end of the renewal period.
(o) After the funds for the renewal fee have been deemed sufficient, the board shall send out a brand certificate and receipt to the brand owner.
(p) The board or any brand recorder will not be held responsible for the return of a renewal notice due to an incorrect address or any other failure to return a renewal notice that causes a brand to be abandoned. It is the sole responsibility of the brand owner to inform the board of any changes in address and to keep any brand record information current.
(q) No brand owner shall be allowed to renew all of their brands at the same time unless the original issue dates are the same on all brands. Brands must be renewed according to original issue date only.
(r) Transferring ownership of a brand is a separate transaction from renewal of a brand as described by W.S. 11-20-116 and will not be considered part of the brand renewal.
(a) The fee for the renewal shall be prorated for the initial staggered renewal period specified until the next renewal period, and then the fee shall be $80.00 or an amount specified by law.
(i) The renewal fee for a brand recorded for 1-2 years will be $16.00. (ii) The renewal fee for a brand recorded for 3-4 years will be $32.00. (iii) The renewal fee for a brand recorded for 5-6 years will be $48.00. (iv) The renewal fee for a brand recorded for 7-8 years will be $64.00. (v) The renewal fee for a brand recorded for 9-10 years will be $80.00.
(b) The fee for transferring a brand and issuing a certificate of transfer shall be $50.00 or whatever fee is determined by W.S. 11-20-116.