Administrative Rule Review Report  #AR09-028

Legislative Service Office

June 9, 2009

AGENCY: Department of Revenue.

DATE SUBMITTED: May 27, 2009.

SUBJECT: Chapter 15, Veteran's Exemption.

NATURE OF RULES:                     Legislative, procedural

STATUTORY AUTHORITY: W.S. 39-11-102(b)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED

BY THE AGENCY TO LSO:  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 2009 Wyoming Session Laws, Chapter 37.  However, notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d) on April 8, 2009.  No comments have been received to date.  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES:  The rules being amended provide for the administration of the Wyoming veteran's exemption.  The rules are amended to provide that after the initial claim form, a veteran may re-apply by telephone or other communication method, which shall be logged by the county assessor.  The rules are also amended to correct the address of a website and to remove the provision that the county assessor may arrange times and places around the county for veterans to complete an annual sworn claim.

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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Joshua Anderson

Staff Attorney

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Lynda G. Cook

Staff Attorney

JDA/