Administrative Rule Review Report  #AR10-013

Legislative Service Office

04-Feb-10

 

AGENCY:                                 Office of Homeland Security.

 

DATE SUBMITTED:                   February 3, 2010.

 

SUBJECT:                                 Chapter 1, General Provisions; Chapter 2, Search and Rescue Council; and Chapter 3, Account Uses.

 

NATURE OF RULES:                     Legislative, procedural and interpretive.          

 

STATUTORY AUTHORITY:         W.S. 19-13-303(d).

 

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

 

Apparently complete to date. Notice of 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.  No comments were received by the agency from the public during the public comment period.

 

SUMMARY OF RULES:

 

The Wyoming Search and Rescue Council promulgated new rules regarding the Wyoming search and rescue account, pursuant to the creation of W.S. 19-13-301 through 19-13-303.  The rules concern the administration of and payment from the account.  The rules provide guidance to the Wyoming Search and Rescue Council regarding the appointment and duties of its members.  The rules guide mandatory and permissive uses of the account, provide priorities for payments from the account, provide for claim approval and rejection procedures and adopt reimbursement standards.  The rules also provide a process whereby decisions of the Council can be reviewed. 

 

FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent.

 

Technical Note:  LSO suggests that the council consider amending the new rules to provide accurate statutory references.  The statutory reference in Chapter 2, Section 1(a) should be to "W.S. 18-3-609(a)(iii)."  The statutory reference in Chapter 2, Section 1(b) should be either "W.S. 19-13-303" or "W.S. 19-13-303(a) and (b)."  The statutory reference in Chapter 3, Section 1(b) can simply be "W.S. 19-13-301(b) and (c)."  The statutory reference in Chapter 3, Section 1(c) can simply be "W.S. 19-13-301(c)." 

 

 

 

 

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

 

                                                            _______________________

                                                            Ian Shaw

                                                            Staff Attorney

 

 

 

                                                            _______________________

                                                            Lynda G. Cook

                                                            Staff Attorney

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