Administrative Rule Review Report  #AR09-055

Legislative Service Office

15-Sep-09

AGENCY: Wyoming Wheat Marketing Commission.

DATE SUBMITTED: September 3, 2009.

SUBJECT: Chapter 38, Amended and Renumbered as Chapter 1, Wheat Assessment, Collection and Refunds.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 11-38-104(b)(xi)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  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 new rules are being promulgated in response to 2009 HB0198, Wheat marketing commission assessments and to renumber Chapter 38 as Chapter 1.  2009 HB0198 allows the commission to increase the assessment rate for wheat grown in Wyoming from a maximum of $.01 per bushel to a maximum of $.025 per bushel and to provide for a change in the assessment remittance period from monthly to quarterly.  These rules set the assessment at $.0175 per bushel and revise provisions regarding how the assessment will be calculated, how the assessments will be remitted to the commission, how refunds will be paid and how enforcement will be handled.

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.

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Maxine R. Weaver

Staff Attorney

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Lynda G. Cook

Staff Attorney

MRW/