Workforce Services, Department of

General Agency, Board or Commission Rules

Chapter 1: Regulation Governing Access to Records

Effective Date: 10/26/2020 to Current

Rule Type: Current Rules & Regulations

Reference Number: 053.0002.1.10262020

Chapter 1

Regulation Governing Access to Records

Section 1. Statutory Authority. These regulations are promulgated pursuant to the Wyoming Public Records Act W.S. 16-4-201 through W.S. 16-4-205.

Section 2. Purpose. To set forth regulations governing provisions for adequate and reasonable access to records maintained by the Department of Workforce Services.

Section 3. Applicability. These regulations apply to the Department of Workforce Services, 5221 Yellowstone Road, Cheyenne, Wyoming 82002, concerning access to or examination of public records maintained by the Department of Workforce Services.

Section 4. Definitions. For purposes of this regulation, definitions shall be as set forth in W.S. 16-4-201 and the Department of Workforce Services also adopts the following definitions:

1. (a) 'Access' means the ability for the public to obtain records.
2. (b) 'Department' means Department of Workforce Services.
3. (c) 'Director' means Director of the Department.
4. (d) 'Examination of Records' means inspection by the public of records in the physical custody (except as a secondary custodian) of the Department.
5. (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. Non-fee requests may include, but are not necessarily limited to: regulations; information brochures; previously published reports routinely provided at no cost and intended for mass distribution; electronic data; and information covered under a MOU, contract or reciprocal relationship. These requests are limited to no more than five (5) pamphlets, five (5) brochures or five (5) items, which qualifies 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 Sections 6 and 7.
6. (f) 'Privileged and Confidential Records' mean those records set forth in W.S. 16-4-203 (a), (b) and (d) and may also include (g) and W.S. 9-2-2607.
7. (g) 'Public Records' mean as defined in W.S. 16-4-201 (a) (v) and (vi).
8. (h) 'Requester' means a party making a request for access to a public record.
9. (i) 'Secondary Custodian' means division, agency officer or employee of the Department that provides for only the processing or storage of a state agency public record for which the Department is not the owner.

Section 5. Disclosure. Information requests for records produced by the Department shall be available for examination. All requests for access to, or examination of, records for copying or other lawful purposes, which the Department is a secondary custodian, shall come from the official custodian of the public record as defined in W.S. 16-4-201(a)(i). Any person seeking information held by the Department as a secondary custodian shall be directed to make such requests to the official custodian of that specific public record.

(a) Those documents classified by law as privileged and confidential shall not be available to public inspection.

Section 6. Requests for Information and Access to Public Records.

(a) Information requests are preferred to be submitted electronically at: https://wydws.nextrequest.com. Requests may also be submitted in writing to the Office of the Director, Department of Workforce Services, 5221 Yellowstone Road, Cheyenne, Wyoming, 82002.

(b) Postage or handling may be added to any request for copies mailed or delivered.

(c) All requests which require payment should be recorded using an invoice. All payments shall be transmitted to the Fiscal Division for deposit with the State Treasurer. Once the work has been completed, a copy of the invoice and the payment shall be sent to the Office of the Director.

(d) Nothing herein shall be interpreted as requiring any fee be paid for mere examination of records not determined to be privileged and confidential records.

(e) Applicability. This section applies to requests for access to public records pursuant to W. S. § 16-4-201, et seq.

(f) Custodian. For the purpose of any public records request, the Administrator of Public Affairs and Communication is the custodian of all public records maintained or kept in the custody or control of the Department.

(g) Right of Inspection. Public records of the Department shall be available for inspection by any person at reasonable times, subject to reasonable restrictions imposed by the Director. No person shall inspect public records of the Department without the prior approval of the Director and all requests for access to public records shall be in writing.

(h) Grounds for Denial. In addition to any grounds for denial listed in W. S. § 16-4-203, the Director shall deny the right to inspect any information whose disclosure is prohibited by W. S. § 27-14-805. The Director may also deny the right to inspect records of investigations conducted by the Department, investigatory or security procedures of the Department, or any investigatory files of the Department, when disclosure would be contrary to the public interest.

(i) Response to Request; Statement of Reasons; Time Limits. The Director or designee shall issue a response to all written requests for access to public records within thirty (30) days, after the request is received by the Department. Any written request for access shall be deemed denied if the Director has not issued a response within thirty (30) days after the request was received by the Department. A party whose request for access is denied may request a written statement of reasons. Any request for a statement of reasons shall be in writing. The Director shall issue a written response to any such request, stating the reasons for denying access, including citations to legal authority, within thirty (30) days after the request was received by the Department. Any denial of access shall be final, unless the party seeking access files an application in district court pursuant to W. S. § 16-4-203(f) within thirty (30) days after the Director's statement of reasons is issued. At the same time it is filed in the district court, any application pursuant to W. S. § 16-4-203(f) shall be served on the Director by certified mail.

Section 7. Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records.

(a) Authority. The Department is required under W. S. § 16-3-103(j)(ii) to adopt the Department of Administration and Information's uniform rules pertaining to procedures, fees, costs, and charges for inspecting, copying, and producing public records.

(i) Adoption of Uniform Rules. The Department hereby incorporates by reference the following uniform rules:

(A) Chapter 2 – Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https://rules.wyo.gov. See Current Rules, Administration & Information, Dept., Director's Office, Chapter 2. This incorporated rule may also be requested from the Wyoming Secretary of State Office (Administrative Services Division) in writing at: Herschler Building East, 122 W. 25th Street, Suites 100 & 101, Cheyenne, WY 82002-0020; by email at: rules@wyo.gov; by telephone at: (307) 777-5348; or by fax at: (307) 777-5339.

(B) For these rules incorporated by reference:

(I) The Department 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 (a) of this section; and

(III) The incorporated rules are maintained at the Department office (5221 Yellowstone Road, Cheyenne, Wyoming 82002) and are available for public inspection and copying at the same location.

(b) The provisions of this section notwithstanding, the Department shall, upon request, provide one photocopy of the official workers' compensation file, free of charge, to both the employee and the employer.

Section 8. Notification.

(a) The Department will notify the requester of the estimated fees for making the public record available for inspection or for providing copies to the requester. If the estimated fees exceed thirty dollars ($30.00), the Department will provide written notice and will not act further in responding to the request until the requester notifies the Department, in writing, to proceed with making the records available.

(b) A retainer shall be required in advance of processing a record request whereby, in the estimation of the Department, the total cost of processing the record request will exceed thirty dollars ($30.00). The Department shall determine the estimated cost of processing the record request and require the requesting person or entity submit that amount as a retainer. After the request has been processed, if the actual cost of processing the request was greater than the amount received as a retainer, the Department shall contact the requester and require they submit the difference before releasing the information. If the actual cost of processing the request was less than the amount received as the retainer, the Department shall refund the difference. No copies of records shall be released without the receipt of payment in full.

Section 9. Requests from Governmental Entities. Requests from the federal government, its agencies, other states and their agencies, other Wyoming state agencies, Wyoming counties, municipalities, the Wyoming legislature, legislative service office, and requests from individual legislators, in their legislative capacity, for records shall be furnished free of charge. These requests shall be subject to the provisions of W.S. 9-2-2607.

Section 10. Disclaimer. The Department assumes no responsibility for the illegal or fraudulent use of any information provided by this regulation.

Section 11. Severability 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.