Administrative Rule Review Report  #AR08-093

Legislative Service Office

15-Dec-08

AGENCY: Department of Education.

DATE SUBMITTED: November 18, 2008.

SUBJECT: Chapter 4, Food Service Operations.

NATURE OF RULES:                      Legislative, procedural.

STATUTORY AUTHORITY:          2008 Session Laws of Wyoming, Chapter 95, Section 602.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:              Apparently complete to date.  These are new rules.  Notice of the adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d) by letter on October 6, 2008.  No comments have been received to date. 

SUMMARY OF RULES:        The existing rules for chapter 4 are repealed and replaced with new provisions.  The new chapter 4 rules provide definitions for the chapter.  The rules specify which costs are allowable and non-allowable expenses for school districts to include in food service operations.  The amended rules require school districts to report certain information regarding food service operations to the department of education.  The rules provide that school districts may apply for food service financial assistance and provide for the calculation of the amount that a district may receive for food service financial assistance.  The rules provide that the amount received by a school district under the chapter shall only be used for food service operations direct costs.

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 Council as submitted by the Agency.

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Joshua Anderson

Staff Attorney

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David K. Gruver

Assistant Director

JDA/