Administrative Rule Review Report  #AR11-056

Legislative Service Office

10-Oct-11

AGENCY: Secretary of State Office

DATE SUBMITTED: 10/7/2011

SUBJECT: Chapter 1, Rules on Rules; and Chapter 1, Preparation and Filing of Rules by Local Agencies.

NATURE OF RULES:                   Legislative and procedural.

STATUTORY AUTHORITY:        W.S. 16-3-103 and 16-3-104.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO            :  Apparently complete to date.

SUMMARY OF RULES:

The rules are amended to define “new rule” as a nonemergency rule promulgated in response to an enactment of the Wyoming Legislature which addresses the entire enactment or any portion of the enactment that prior nonemergency rules have not addressed.

The rules clarify that changes to final rules are not allowed if the change includes moving text from one chapter to another.  The rules also state that Tables of Contents within rules will not be posted on the rules website.  The rules remove the Victims Compensation Commission from those agencies with alternative filing requirements for rules.

Finally, the secretary of state is repealing the rules on preparation and filing of rules by local agencies as those rules are now filed electronically with the appropriate local office.

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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Lynda Cook

Staff Attorney

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David K. Gruver

Assistant Director

LGC