Wyo. Code R. 061-0001-8
Accountants, Board of Certified Public
Chapter 8: Rule-Making & Non-Contested Cases
Effective Date: 09/23/2005 to 10/28/2019
Rule Type: Superceded Rules & Regulations
Reference Number: 061.0001.8.09232005
Section 1. Non-contested Proceedings. Except as otherwise directed by the Board, the provisions of the Rules contained in this Chapter shall govern all non-contested proceedings and rule-making hearings where requested pursuant to W.S. 16-3-103 through W.S. 16-3-106.
(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 pre-hearing 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) Opportunity for oral hearing regarding substantive rule changes shall be granted by the Board if requested by twenty-five (25) or more persons, by a governmental subdivision, or by any association having not less than twenty-five (25) members.
(i) Requests for hearing shall be submitted before the end of the public comment period set forth in the published notice of intent.
(ii) The Board shall provide public notice setting forth the time, place, and manner in which persons may present their views.
(iii) The hearing shall be recorded verbatim by a court reporter or by any other appropriate means determined by the Board or the officer presiding at the hearing.
(iv) The public comment period shall close upon the completion of the hearing.
(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, 3) repeal, or 4) present oral comments on proposed rules;
(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 2005 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 decision 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.