Administrative Rule Review Report  #AR11-009

Legislative Service Office

08-Mar-11

 

AGENCY:                                 Livestock Board.

 

DATE SUBMITTED:                   February 25, 2011.

 

SUBJECT:                                 Chapter 9, Brand Inspection/Recording Fees; and Chapter11, G-Form and Livestock Shipments to Approved Out of State Markets (Repeal).

 

NATURE OF RULES:                     Legislative and procedural.

 

STATUTORY AUTHORITY:         W.S. 11-18-103(a)(v)

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of the 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:  In 2010, the Wyoming Legislature enacted 2010 Wyo. Sess. Laws, Chapter 61 which eliminated the brand inspection fees associated with goats, llamas and alpacas.  The proposed Chapter 9 Rules and Regulations incorporate this change. 

 

In addition, the proposed rules increase the brand inspection and recording fees in accordance with Wyoming Statute.

 

The Livestock Board is also repealing Chapter 11, which governed the brand inspection requirements for out-of-state markets.  While the Livestock Board has proper statutory authority to regulate this area, the rules are considerably out-of-date and Board will incorporate the necessary provisions into other rules at a later date.   

 

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. 

 

                                                            _______________________

                                                            Tania Hytrek

                                                            Staff Attorney

 

                                                            _______________________

                                                            Lynda G. Cook

                                                            Staff Attorney

TSH/