2010 Wyoming Statutes
Title 28 - Legislature
Chapter 9 - Administrative Regulation Review

CHAPTER 9 - ADMINISTRATIVE REGULATION REVIEW

 

28-9-101. Definitions.

 

 

(a) As used in this act:

 

(i) "Agency" means any authority, bureau, board, commission, department, division, officer or employee of the state, excluding the state legislature and the judiciary;

 

(ii) "Council" means the legislative management council or any committee thereof;

 

(iii) "Rule" means the same as defined in W.S. 16-3-101(b)(ix);

 

(iv) "This act" means W.S. 28-9-101 through 28-9-108.

 

28-9-102. Powers and duties.

 

 

(a) The council may:

 

(i) Examine the administrative rules and regulations of any agency to determine if they properly implement legislative intent, are within the scope of delegated authority, and are lawfully adopted;

 

(ii) Require any agency and any officer or employee thereof to give full cooperation and assistance to the committee or its staff in assembling and furnishing requested information; and

 

(iii) Hold public hearings.

 

28-9-103. Submission of rules for review; notice to legislators.

 

(a) Repealed by Laws 1988, ch. 66, 2.

 

(b) An agency shall submit copies of adopted, amended or repealed rules to the legislative service office for review pursuant to W.S. 28-9-104 within ten (10) days after the date of the agency's final action adopting, amending or repealing those rules.

 

(c) Repealed by Laws 1988, ch. 66, 2.

 

(d) Upon receipt of an agency's notice to adopt new rules pursuant to W.S. 16-3-103(a)(i), the legislative service office shall give notice to the primary sponsor of the legislation, to members of the interim or standing committee which sponsored or acted upon the legislation authorizing the new rules and to any other legislator requesting notification. The notice given by the legislative service office shall state a copy of the rules will be sent if requested. Notice under this subsection is not required for persons not currently serving in the legislature.

 

28-9-104. Review procedure; time for review; criteria for review.

 

(a) The legislative service office shall review rules submitted under W.S. 28-9-103(b) and report its findings to the council. The legislative service office shall review new rules and include therein any comments from the primary sponsor of the legislation, the chairman of the interim or standing committee which sponsored or acted upon the legislation authorizing the new rules and any other legislator submitting comments, and shall report their findings to the council. The report required under this subsection shall be submitted to the council:

 

(i) Within fifteen (15) days after the rules were submitted under W.S. 28-9-103(b); or

 

(ii) If the legislature is in session at the time the report would otherwise be due under paragraph (i) of this subsection, then within ten (10) days after the adjournment of the session.

 

(b) The council may review any rule of an agency when requested to do so by a member of the legislature or any legislative committee.

 

(c) When reviewing a rule of an agency, the council shall determine whether the rule:

 

(i) Appears to be within the intent and scope of the legislative enactment delegating the authority to adopt the rule;

 

(ii) Has been adopted in accordance with all applicable and statutory requirements of law; and

 

(iii) Meets all constitutional and statutory requirements, restrictions and standards.

 

28-9-105. Review procedure; recommendations.

 

 

(a) Repealed by Laws 1988, ch. 66, 2.

 

(b) The management council may refer the review report to the legislative interim or standing committee which sponsored or handled the legislation which is the authority relied on for the rule being reviewed. If the legislation was not sponsored by a legislative committee, the review report may be referred to the joint interim committee which corresponds to the standing committee that handled the legislation in the house in which the legislation was introduced. The standing or interim committee to which the review report is referred may make recommendations to and assist the council in preparing recommendations to the agency which adopted or proposed the rule being reviewed.

 

28-9-106. Council recommendations to the agency; time.

 

(a) The council shall submit its approval or its recommendations for amendment or rescission to the governor and to the agency which submitted the rule.

 

(b) The governor, within fifteen (15) days after receiving any council recommendation, shall either order that the rule be amended or rescinded in accordance with the council's recommendation or file with the council in writing his objections to the recommendation.

 

28-9-107. Legislative orders; action required; implementation and enforcement of rules.

 

 

(a) If the council determines that a rule submitted for review under W.S. 28-9-103(b) does not satisfy one (1) or more of the criteria of W.S. 28-9-104(c), the council may introduce legislation in the next succeeding legislative session following the review to obtain a legislative order to prohibit the implementation or enforcement of the rule.

 

(b) Repealed by Laws 1988, ch. 66, 2.

 

(c) If the legislature, each house voting separately, approves a legislative order to prohibit the implementation or enforcement of any rule, the rule is null and void and shall not be implemented or enforced. If the legislature fails to approve a legislative order prohibiting the implementation or enforcement of a rule, the rule may be implemented or enforced, as the case may be, after compliance with all other applicable provisions of law.

 

28-9-108. Submitting rules to legislative service office required.

 

No rule shall be filed with the secretary of state pursuant to the Wyoming Administrative Procedure Act after the effective date of this act, except an emergency regulation adopted as provided by W.S. 16-3-103(b), unless the rule has been submitted to the legislative service office for review as provided by this act.