Administrative Rule Review Report  #AR08-013

Legislative Service Office

4-Feb-08

AGENCY: Wyoming Livestock Board;

DATE SUBMITTED: January 28, 2008.

SUBJECT: Chapter 15, Trichomoniasis.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 11-18-103(a)(v)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:

The LSO has no record of receiving notice of the Agency's intended rulemaking action as required by W.S. 16‑3‑103(a). 

Subsequent to submitting the final rules, the Agency submitted to LSO the Notice of Intent to Adopt Rules and Regulations, which included the notice required by W.S. 16‑3‑103(a)(i)(G), indicating the rules meet minimum substantive state statutory requirements.

The rules were not delivered to the LSO within 10 days after adoption as required by W.S. 28‑9‑103(b).  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES:

These Chapter 15 amendments:

1)  Clarify that trichomoniasis tested bulls (Bovine) need an ear tag supplied by the Agency and that this identification needs to be included on the test chart.  However, "test chart" is not defined, nor do the rules designate where the veterinarian would obtain the test chart.

2)  Allow the Wyoming State Veterinary Laboratory to determine if the trichomoniasis testing is done properly and to advise the state veterinarian on the protocol for certain testing. 

3)  Requires veterinarians to recertify for trichomoniasis testing on a periodic basis, but this requirement is included in a definition, not in a substantive part of the rule.

4)  Allow the Polymerase Chain Reaction test to be an acceptable test for trichomoniasis.

5)  Clarify the age requirement to waive the trichomoniasis test for virgin bulls to be less than thirty (30) months.

Administrative Rule Review Report  #AR08-013

Legislative Service Office

4-Feb-08

Page 2

FINDINGS:

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

Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

TECHNICAL NOTES FOR AGENCY CONSIDERATION:

That the Council recommend the agency make the following technical corrections:

Page 15-2, Chapter 15, Section 3(a)(xiv), (xvi) and (xvii) are definitions which include protocol requirements.  These substantive requirements would appear to be better placed for notice and identification if set out separately in their respective sections.

Page 15-4, Chapter 15, Section 7(a) requires identification to be recorded "on the test chart", but there is no requirement that a "test chart" be submitted, no definition for "test chart", no information on where a veterinarian would get a "test chart" and no information on what is required or included on the "test chart".

STAFF RECOMMENDATION:

That the Council recommend the Governor not approve the rules for failure to comply with statutory procedural requirements for adoption of rules, as noted in the rule review report.

That the Council recommend that the Governor direct the Agency to amend the rules to address the technical notes. 

_______________________

Maxine R. Weaver

Staff Attorney

_______________________

David K. Gruver

Assistant Director

MRW/