Wyo. Code R. 085-0016-3
Effective Date: 08/28/2020 to Current
Rule Type: Current Rules & Regulations
Reference Number: 085.0016.3.08282020
Section 1. Authority. These emergency rules are adopted by the Wyoming Business Council (“WBC”) pursuant to 2020 Spec. Session 1, HEA 01, Section 3(d).
Section 2. Purpose. These rules are promulgated for the purpose of providing a regulatory framework for the issuance of stipends to Wyoming businesses which have experienced business interruptions caused by required closures due to the COVID-19 pandemic.
(a) In addition to the General Provisions in Chapter 1 and the requirements set forth in HEA 01, an Applicant must be an eligible business and must have been adversely impacted as a result of the COVID-19 pandemic or as a result of business interruptions due to a required closure or public health order.
(b) The following non-profit entities are eligible:
(i) Non-profits classified as 501(c)(3), 501(c)(6), 501(c)(12) and 501(c)(19) and are registered with the Internal Revenue Service may apply for the Business Relief Stipend Program.
(ii) Non-profits with at least one (1) full-time paid employee.
(iii) Non-profits whose primary activity/purpose is lobbying are not eligible.
(c) Exclusions;
(i) Tribal government-owned businesses are not eligible to apply for the Business Relief Stipend Program.
(ii) Any governmental or government-owned entity is not eligible to apply for the Business Relief Stipend Program.
(d) Receipt of stipends under this chapter shall not disqualify a business from receiving other COVID-19 related state or federal grants or stipends, including the Coronavirus Business Interruption Stipend program and the Coronavirus Mitigation Stipend program.
(e) Any eligible business that was required to close by public health order may apply to the Council for a “Closure Stipend” under this Chapter. The following businesses are deemed “required to close” for the purposes of the Closure Stipend: theaters, bars, nightclubs, coffee shops, employee cafeterias, self-serve buffets, salad bars, unpackaged self-serve food service, gyms, conference rooms, museums, restaurants, nail salons, hair salons, barber shops, massage therapy services, tattoo, body art and piercing shops, cosmetology, electrology, child care facilities, and esthetic services.
(i) The Council shall provide a “Business Relief Stipend Program” application online that includes a requirement to provide information relevant for funding decisions, including but not limited to:
(A) Information that establishes the applicant’s eligibility under Section 3(a) of this Chapter;
(B) An Expenditure Plan as defined by the Council in the application process;
(C) Certification that claimed expenditures and expenses are associated with the COVID-19 health emergency and required closure(s); and
(D) Any additional information necessary to determine the adequacy of the applicant’s requested award.
(ii) Each applicant shall file its application for “Business Relief Stipend Program” funds with the Council online at a website provided by the Council.
(iii) The Council shall provide a “Closure Stipend Program” application online that includes a requirement to provide information relevant for funding decisions, including but not limited to:
(A) Information that applicant’s eligibility under Section 3 of this Chapter;
(B) Certification that revenue loss is as a result of the ordered closures; and;
(C) Certification of the change in the amount of expenses are a result of the ordered closure.
(iv) Each applicant shall file its application for “Closure Stipend Program” funds with the Council online at a website provided by the Council.
(v) Applicants who are eligible for the Closure Stipend Program may only submit one (1) application to either the Closure Stipend Program or the Business Relief Stipend Program.
(vi) Applicants must report the amount of federal loans, grants, business interruption stipend program funds, or other aid provided for COVID-19 related purposes, including from the CARES Act, or other similarly purposed federal act, including funds from the Wyoming Community Development Authority funded by the CARES Act for which the applicant:
(A) Believes they are eligible;
(B) Has applied; or
(C) Has received.
(a) Stipends awarded under this Chapter shall be used by the eligible business to compensate for actual losses for the following expenditures and expenses associated with the COVID-19 pandemic including:
(i) Payroll costs;
(ii) Business supplies;
(iii) Business equipment including equipment necessary to resuming normal business operations and equipment necessary to modify business operations in response to the COVID-19 pandemic or public health guidelines;
(iv) Other business expenses, including but not limited to rent or mortgage payments, utilities and other operational costs; and
(v) Any other expenditure or expense related to business interruption due to the COVID-19 pandemic.
(a) Eligible business' that were required to close in the Supplemental Closure Stipend Program must choose either the Supplemental Closure Stipend Program worksheet or the Business Relief Stipend Worksheet.
(b) Closure Stipend Program Calculation. To calculate the Supplemental Closure Stipend Program award amount, the following formula shall be used:
(i) Lost gross revenue (between March 13, 2020 and the application date); plus
(ii) COVID-19 related expenses (between March 13, 2020 and the application date); plus (iii) Extraordinary expenses as calculated in the Expenditure Plan; minus, (iv) Business Interruption Stipend program funds received (if applicable); minus (v) Any other grant funds including, but not limited to, funds from the Paycheck Protection Program, Economic Injury Disaster Loan Advances, or Pandemic Unemployment Assistance.
(A) Eligible businesses that received Business Interruption Stipend program funds must only deduct any additional grants received after the Business Interruption Stipend program application.
(a) In no event shall an Applicant's award exceed three hundred thousand dollars ($300,000.00).
(a) To calculate the Business Relief Stipend award amount, the following formula shall be used:
(i) Aggregate loss of revenue as a percent (%) (between March 13, 2020 and the application date); multiplied by
(ii) Aggregate eligible expenditures and expenses as noted in Section 5 (between March 13, 2020 and the application date); plus
(iii) Extraordinary expenses as calculated in the Expenditure Plan; minus, (iv) Business Interruption Stipend program funds received (if applicable); minus
(v) Any other grant funds including but not limited to funds from the Paycheck Protection Program, Economic Injury Disaster Loan Advances, or Pandemic Unemployment Assistance.
(A) Eligible business' that received Business Interruption Stipend program funds must only deduct any additional grants received after the Business Interruption Stipend program application.
(b) In no event shall an Applicant's award exceed three hundred thousand dollars ($300,000.00).
(a) Applications are received on a rolling basis until funds have been expended and will be reviewed in the following manner:
(i) Council staff reviews to ensure accuracy, eligibility, and completeness, with consideration to Section 3;
(ii) Each Application will be assigned a unique identifying number;
(iii) Monies will be expended on a first come, first served basis; Monies will be disbursed either via electronic funds transfer or by paper check from the Wyoming State Auditor’s Office.
(b) Appeal process.
(i) Applicants must first notify the Council of their intent to appeal via email at wbc.brp@wyo.gov within three (3) business days of the application denial date.
(A) After three (3) business days the application will no longer be eligible for funding.
(ii) Denied applications may appeal with a typed summary of business’ activities, history, industry, etc. plus one or more of the following documentation;
(A) Tax Return forms filed with the IRS;
(B) Schedule C of IRS form 1040, Schedule F of IRS form 1040, any other form necessary to establish a business’ existence.
(C) Documentation of EIN from IRS.
(iii) Failure to submit the aforementioned documentation within three (3) business days will result in denial of the application.
(c) Any eligible business found using multiple methods (EIN and SSN) to apply for numerous awards may be denied any or all applications at the Council’s sole discretion.
(d) The approval or denial determination of the Council is final.
Section 9. Certification. Each Applicant shall certify that:
(a) The statements contained in the application are true, complete and accurate to the best of the applicant’s knowledge;
(b) The funds represent actual losses the business suffered as a result of the COVID-19 pandemic and resulting business interruptions.
(c) The funds will only be used for purposes allowed under the grant;
(d) The funds shall be used by the eligible business for the expenditures and expenses associated with the COVID-19 pandemic in accordance with Section 5(a);
(i) Applicants must provide a report to the Council not later than December 1, 2020 which describes how the funds were expended as authorized by Section 5(a).
(e) Applicant understands and acknowledges that failure to comply with these terms and certifications may result in the WBC requiring an eligible business to repay all funds provided under this Chapter plus interest at a rate of two percent (2%) per annum from funding date of the stipend; and
(f) Applicant agrees to maintain a meaningful nexus to the state of Wyoming for not less than three (3) years after receiving an award under this Chapter.
Section 10. Program Administration and Audit. Council Staff may conduct and contract for random audits of eligible businesses receiving awards under this section to ensure awarded funds are expended in compliance with state and federal law. By accepting an award under this Chapter, the Applicant agrees to assist and provide the information requested by the auditors during any such audits.