Administrative Rule Review Report  #AR07-007

Legislative Service Office

18-Jan-07

AGENCY: Attorney General's Office, Division of Criminal Investigation.

DATE SUBMITTED: January 16, 2007.

SUBJECT: Chapter  1, Sample and Destroy, Section 10, Destruction of Bulk Amounts of Controlled Substances.

NATURE OF RULES:                   Legislative and interpretive.

STATUTORY AUTHORITY:        W.S. 35-7-1049(e)(vi)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of  the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No written comments have been received to date, although the Joint Judiciary Interim Committee, sponsor of the enabling legislation, did request at a meeting during the 2006 interim more detail with respect to security procedures for destruction of controlled substances.

SUMMARY OF RULES:      These new rules have been adopted by the Division of Criminal Investigation to create standards and procedures for retention of representative samples and security procedures for the destruction of bulk amounts of controlled substances, in compliance with 2006 House Bill 151. 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:   That the rules be placed on the consent list and be approved by the Council as submitted by the Division.

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John H. Rivera

Senior Staff Attorney

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Dan J. Pauli

Director

JHR/