Wyo. Code R. 061-0001-8
Accountants, Board of Certified Public
Chapter 8: Rule-Making Hearings & Non-Contested Cases (now under A & I)
Effective Date: 09/08/1992 to 09/23/2005
Rule Type: Superceded Rules & Regulations
Reference Number: 061.0001.8.09081992
Section 1. Noncontested Proceedings. Except as otherwise directed by the Board, the provisions of the Rules contained in this Chapter shall govern all noncontested proceedings and rulemaking hearings where requested pursuant to W.S. 16-3-103 - 16-3106.
(a) Any party may petition the Board to promulgate, amend, or repeal any rule or rules.
(i) Except as otherwise provided by the Board, the filing of a petition under this section shall not stay the effectiveness of any rule or rules.
(ii) After filing of the petition, the Board or presiding officer may hold a prehearing conference to review the petition and its persuasiveness.
(iii) As soon as practicable, the Board shall deny the petition in writing (stating its reasons for the denial) or initiate rule-making procedures.
(iv) Before the adoption, issuance, amendment, or repeal of any rule, or the commencement of any hearing on such proposed rule-making, the Board shall cause notice to be given in accordance with the provisions of W.S. 16-3-103.
(b) Except as otherwise determined by the Board, the provisions of W.S. 16-3-107, relating to the conduct of hearings for contested cases, do not apply to hearings held under this Chapter.
(a) Written petitions may be considered by the board when presented in clear concise language as follows:
(i) Requests must be identified as 'a petition' to 1) promulgate, 2) amend, or 3) repeal a rule;
(ii) The specific rule must be identified by Chapter and Section;
(iii) Specific information outlining relevant data, views and arguments must be provided.
(b) The Board may consider petitions which include sample rules which would not be inconsistent with the Certified Public Accountants' Act of 1975 or deemed to be necessary in consideration of public welfare.
Section 3. Comments. All timely comments shall be considered by the Board before final action is taken on any proposal to promulgate, amend, or repeal any rule. Late filed comments may be considered so far as possible without incurring additional expenses or delay.
(a) As soon as practicable after receipt of the official transcript or as soon as practicable after the expiration of the time set for the submittal of written comments, the Board or administrator shall render a written decision on the issues presented at the hearing.
(b) If the decision is to promulgate, amend, or repeal a rule, the Board or administrator shall file a certified copy of its decisions with the Secretary of State in accordance with provisions of W.S. 16-3-101, et. seq.
(c) The written decision shall be mailed to any party who submitted oral or written comments.