Administrative Rule Review Report #AR07-021
Legislative Service Office
22-Mar-07
AGENCY: Animal Euthanasia Technician Certification Board.
DATE SUBMITTED: March 14, 2007.
SUBJECT: Chapters 1 through 9, Animal Euthanasia Board.
NATURE OF RULES: Legislative, Interpretative and Procedural.
STATUTORY AUTHORITY: W.S. 33-30-218(a)(iii).
DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION
SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date.
SUMMARY OF RULES:
These rules are being promulgated as the first set of rules and regulations adopted by the Animal Euthanasia Technician Certification Board. The rules are encompassed in nine chapters, with an Appendix A, containing W.S. 33-30-216 through 33-30-222.
Chapter 1. General Provisions. Contains the purpose of the rules, statutory authority, severability, terms defined by statute and terms defined in the rules.
Chapter 2. Organization and Procedures of the Board. States that the Board shall consist of 5 persons, to be certified euthanasia technicians, veterinarians, or certified peace officers. Further covers establishment of certification standards, officers of the board and meetings of the board.
Chapter 3. Certification Requirements and Application Procedures. An applicant for certification as an animal euthanasia technician shall: 1) be a citizen of the United States or lawfully admitted to remain and work in the United States, 2) be sponsored or employed by a law enforcement agency, and 3) have completed an animal euthanasia and testing program within 5 years of the application date, with an exemption to the 5 year limit if it is in the public interest. Section 2 outlines the animal euthanasia programs approved for use by applicants for certification. The remainder of Chapter 3 deals with the application process and procedures, including release of confidential records to be governed by the Public Records Act (W.S. 16-4-201 through 16-4-205) and notification of denial to an applicant with the right of appeal.
Chapter 4. Fees. Chapter 4 states the schedule of fees for a certified animal euthanasia technician and the process to be followed when a certificate holder changes his name, address or telephone number.
Chapter 5. Certificate Renewal and Continuing Education. Animal euthanasia technician certificates shall expire 2 years after the date of issue, with no grace period for renewal of a certificate. Each certificate holder shall earn a minimum of 8 hours of Board approved training during the 24 month period proceeding the licenses expiration date. Chapter 5 further provides for a waiver of the continuing education requirement and the reinstatement of an expired certificate.
Chapter 6. Standards of Conduct and Code of Ethics. Section 1 explicitly states the standards that shall be maintained in a euthanasia area and the equipment and materials that must be located in the area used for euthanasia. Section 2 controls the handling and storage of euthanasia drugs. Section 4 contains ethical standards and states that "[t]he protection of the public health, safety and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of persons whose activities are regulated by the Board."
Chapter 7. Disciplinary Action. States that the Board may refuse to renew, or may deny, suspend or revoke the certificate of any person who exhibits unprofessional conduct (a non-exhaustive list of such conduct is contained in Section 2) pursuant to W.S. 33-30-218.
Chapter 8. Complaints: Practice and Procedure. Chapter 8 deals with complaints against certificate holders, the procedure for an investigation into the complaint and the contested case procedure. Contested cases before the Board generally follow the procedure set out in the Wyoming Administrative Procedure Act (W.S. 16-3-107 through 16-3-112), with the major exception being that the Rules of Civil Procedure are to apply in a contested case "insofar as they are applicable and not inconsistent with the matters before the Board and applicable to the rules and orders promulgated by the Board".
Chapter 9. Reinstatement of Certificate After Disciplinary Action. Outlines the procedure for reinstatement of a certificate after it has been revoked.
FINDINGS:
The rules appear to be within the scope of statutory authority and legislative intent. However, it should be noted that the notice of intent to adopt these rules and regulations was originally sent to LSO on May 24, 2004. The final rules were received on March 14, 2007. When asked about the almost 3 year delay in adopting the final rules by LSO staff, the agency contact person for the Board stated that the Board does not meet often and all positions on the Board were not filled for at least a portion of that period. Although the length of delay is quite unusual, the delay itself does not appear to violate any specific provision of the APA.
STAFF RECOMMENDATION: That the rules be placed on the consent list and be approved by the Council as submitted by the Agency.
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Matthew D. Obrecht
Staff Attorney
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Dan J. Pauli
Director
MDO/