Administrative Rule Review Report  #AR09-024

Legislative Service Office

13-May-09

AGENCY: Secretary of State Office.

DATE SUBMITTED: May 13, 2009.

SUBJECT: Chapter 1, Rules on Rules.

NATURE OF RULES:                        Legislative and procedural.

STATUTORY AUTHORITY:            W.S. 16-3-103 and 16-3-104

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

SUMMARY OF RULES:           The rules define the process for rulemaking by executive branch agencies.   The rules streamline the rulemaking process by allowing certain non substantive rule changes (correction of typos, correction of agency name after an agency name change or correction of website addresses) without following the full rule making process.  Such non substantive changes must be accompanied by written verification of the non substantive nature of the changes from the agency director and the attorney general. 

The rules also provide for filing of rules with the Secretary of State’s office in electronic form.  If changes to the rules are pervasive, the agency may file the rules without the strikeout and underscore format, but approval to do so by the attorney general must be noted on the notice of intent to file rules.  The rules also provide for forwarding of the final rules to the attorney general’s office, then to the governor’s office before filing the final rules with the secretary of state.  Finally, the rules delete appendices setting forth the proper forms for the notice of intent and certification pages and instead direct agencies to the secretary of state’s website for download of those forms.  Use of those forms is still mandatory.

It is worth noting that Section 9(b) of the rules providing for incorporation of codes, standards, rules or regulations of other entities into agency rules does not exactly mirror the requirements set forth in W.S. 16-3-103(h).  However, because rules are only supplemental to the statutory requirements, the statutory requirements remain in effect.

FINDINGS:      The rules appear to be within the scope of 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.

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Lynda Cook

Staff Attorney

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David K. Gruver

Assistant Director

LGC/