Administrative Rule Review Report #AR09-018
Legislative Service Office
18-Apr-09
AGENCY: Wyoming Livestock Board.
DATE SUBMITTED: April 13, 2009.
SUBJECT: Chapter 2, Vaccination Against and Surveillance for Brucellosis.
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: These rules were reviewed previously by Management Council as emergency rules #ER08-30. The Agency failed to provide notice, required by W.S. 16‑3‑103(a)(i)(D), that the rules being adopted were new rules in response to 2008 Wyoming Session Laws, Chapter 119. However, notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d). No comments have been received to date. Otherwise, procedural compliance is apparently complete to date.
SUMMARY OF RULES: These rules are being promulgated to provide guidance to Wyoming's livestock industry, including producers, veterinarians, markets, livestock inspectors and the public regarding the prevention of and surveillance for Brucellosis to ensure the health and marketability of Wyoming livestock.
More specifically, these rules define the designated surveillance area, expand the area where brucellosis testing will be required to include the western part of Park County and require sexually intact female cattle 12 months or older to be identified with Agency approved individual identification.
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 Agency. Further, that the Council request the Governor to caution the Agency concerning the need to comply with statutory procedural requirements for adoption of rules, as noted in the rule review report.
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Maxine R. Weaver
Staff Attorney
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Lynda G. Cook
Staff Attorney
MRW/