Wyo. Code R. 085-0016-4
Effective Date: 08/28/2020 to Current
Rule Type: Current Rules & Regulations
Reference Number: 085.0016.4.08282020
Section 1. Authority. These emergency rules are adopted by the Wyoming Business Council (“WBC”) pursuant to 2020 Spec. Session 1, HEA 01, Section 4(c).
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 for in HEA 01, an Applicant must be an eligible business and must have incurred actual expenses 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) Any non-profit entity registered with the Internal Revenue Service may apply for the Coronavirus Mitigation Stipend Program.
(c) Excluded Entities;
(i) Tribal government-owned businesses are not eligible to apply for the Coronavirus Mitigation Stipend Program.
(ii) Any governmental or government-owned entity is not eligible to apply for the Coronavirus Mitigation 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 Business Relief Stipend program.
(a) Application.
(i) The Council shall provide a “Coronavirus Mitigation 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 of this Chapter; and
(B) Certification of actual COVID-related expenses incurred in Wyoming for the health and safety of Wyoming employees and expenses incurred by Wyoming employers to comply with public health guidelines for the health and safety of Wyoming employees as a result of the COVID-19 pandemic.
(ii) Each applicant shall file its application for “Coronavirus Mitigation Stipend Program” funds with the Council online at a website provided by the Council.
(a) Awards made under this chapter are intended to reimburse COVID-related expenses that an eligible business actually incurred between March 1, 2020 and December 1, 2020.
(b) In no event shall an Applicant’s award exceed the lesser of five hundred thousand dollars ($500,000.00) or the amount of actual COVID-related expenses that the eligible business incurred between March 1 and December 1, 2020.
(c) Eligible businesses cannot recover for amounts that were already accounted for by the Business Interruption Stipend, the Business Relief Stipend, the Closure Stipend, or any other CARES Act funding.
(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;
(iv) Monies will be disbursed either via electronic funds transfer or by paper check from the Wyoming State Auditor’s Office.
(b) Appeals
(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 7. Certification. Applicants shall certify that:
(a) The statements contained in the application are true, complete and accurate to the best of applicant's knowledge; (b) The funds shall be used by the eligible business to reimburse COVID-related expenses; and (c) Applicant understands and acknowledges that failure to comply with these terms and certifications may result in the Council requiring a total or partial refund of the stipend funds.
Section 8. 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.