Administrative Rule Review Report  #AR10-024

Legislative Service Office

21-Apr-10

AGENCY: Department of Agriculture.

DATE SUBMITTED: April 19, 2010.

SUBJECT: Chapter 18, (Created), Weights & Measures, Metrology Laboratory and Registered Service Technicians; Chapter 15 (Repealed), Checkweighing Prepackaged Commodities Regulations; Chapter XVIII (Superseded), Specifications, Tolerances and Testing Procedures for Weighing Devices; and Chapter XX (Repealed), Regulations for Registration of Weighing & Measuring Device Service Technicians.

NATURE OF RULES:                     Legislative and Procedural

STATUTORY AUTHORITY:         W.S. 40-10-122(a)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  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.

SUMMARY OF RULES:  These rules: adopt standards for weights and measure used in commercial transactions; provide definitions, technical requirements and inspections for weighing and measuring devices and checking net contents of packages goods; provide exemptions from the requirements; specify registration and certification standards for service persons and technicians; provide for licensing and registration fees; and repeal prior provisions.

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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John H. Rivera

Senior Staff Attorney

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Lynda G. Cook

Staff Attorney

JHR/