Wyo. Code R. 059-0002-2
Commissioner of Drugs & Substances Control
Chapter 2: General Information
Effective Date: 02/19/1986 to 01/16/2014
Rule Type: Superceded Rules & Regulations
Reference Number: 059.0002.2.02191986
(a) Each controlled substance, or basic class thereof, listed in Schedules I through IV has been assigned a 'Controlled Substances Code Number' by the Bureau for purposes of identification of the substance or class. The Controlled Substances Code Numbers assigned by the Bureau as set forth in Vol. 36, No. 80, Federal Register, Part 308, page 7802, are hereby adopted for the purposes of these Rules. On certain Certificates of Registration issued by the Bureau pursuant to the Federal Controlled Substances Act of 1970 and the rules and regulations promulgated thereunder, certain applicants for registration must include the appropriate numbers on the application as required by Federal Law.
(b) Except as stated in paragraph (a) of this section, no applicant or registrant is required to use the Controlled Substances Code Number for any purpose.
(a) Any person seeking to have any compound, mixture, or preparation containing any depressant or stimulant substance listed in Section 18(c) or Section 20 of the Act excepted from the application of all or any part of the Act pursuant to Section 18(f) or Section 20 ( ) of the Act may apply to the Board for such exception.
(b) An application for an exception under this section shall contain the following information:
Evidence that an exception has been granted by the Bureau under Section 202(d) of the Federal Controlled Substances Act (21 U.S.C. 812(d)).
(c) The Board may at any time revoke, suspend, or deny any exception granted pursuant to Sections 18(f) or 20(c) of the Act upon written notice specifying the reason or reasons for revocation, suspension, or denial. The person receiving such notice shall have ten (10) days in which to request a hearing which will be conducted in accordance with the Rules of Practice and Procedure governing hearings, Chapter 5.
Section 2.03. Hearings Generally. In any case where the Commissioner, or his designee shall hold a hearing on the issuance, amendment, or repeal of rules pursuant to Section 11 of the Act, the procedures for such hearing and accompanying proceedings shall be governed generally by the rule making procedures set forth in the Wyoming Administrative Procedure Act and specifically by Section 11 of the Act.
Section 2.04. Burden of Proof. At any hearing held under the provisions of Section 11 of the Act, the proponent for the issuance, amendment, or repeal of any rule or regulation shall have the burden of proof.
(a) In the event that the Bureau has published in the Federal Register a final order designating, rescheduling, or deleting any substance as a controlled substance under the Federal Controlled Substances Act (21 U. S. C., 811), the Commissioner, pursuant to Section 11(d) of the Act may either:
(i) Within thirty (30) days after the Publication of the final order in the Federal Register, object to designating, rescheduling, or deleting the substance in the same manner under the Act, or
(ii) After thirty (30) days following the publication of the final order in the Federal Register, issue a final order designating, rescheduling, or deleting the substance in the same manner without regard to findings required under Section 11(b) of the Act.
(b) In the event that the Commissioner objects to designating, rescheduling, or deleting the substance in the same manner as the Bureau, the Commissioner shall promptly notify all persons who have previously requested in writing, notification of such action. Such notice shall contain the reasons for the objection. Thereafter, the Commissioner shall hold a hearing as required by Section 11(d) of the Act. Such hearing shall conform as nearly as practicable to the provisions of the Wyoming Administrative Procedure Act regulating the adoption, amendment, or repeal of rules.