Chapter 9 - Administrative Regulation Review - Wyoming Statutes

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, excludingthe state legislature and the judiciary;

 

(ii) "Council" means the legislative managementcouncil 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 anyagency to determine if they properly implement legislative intent, are withinthe scope of delegated authority, and are lawfully adopted;

 

(ii) Require any agency and any officer or employee thereof togive full cooperation and assistance to the committee or its staff inassembling 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(a) Repealed by Laws 1988, ch. 66, 2.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 orrepealed 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 actionadopting, amending or repealing those rules.

 

(c) Repealed by Laws 1988, ch. 66, 2.

 

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

 

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

 

(a) The legislative service office shall review rules submittedunder W.S. 28-9-103(b) and report its findings to the council. The legislativeservice office shall review new rules and include therein any comments from theprimary sponsor of the legislation, the chairman of the interim or standingcommittee which sponsored or acted upon the legislation authorizing the newrules and any other legislator submitting comments, and shall report theirfindings to the council. The report required under this subsection shall besubmitted to the council:

 

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

 

(ii) If the legislature is in session at the time the reportwould 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 requestedto do so by a member of the legislature or any legislative committee.

 

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

 

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

 

(ii) Has been adopted in accordance with all applicable and statutoryrequirements 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 thelegislative interim or standing committee which sponsored or handled thelegislation which is the authority relied on for the rule being reviewed. Ifthe legislation was not sponsored by a legislative committee, the review reportmay be referred to the joint interim committee which corresponds to thestanding committee that handled the legislation in the house in which thelegislation was introduced. The standing or interim committee to which thereview report is referred may make recommendations to and assist the council inpreparing recommendations to the agency which adopted or proposed the rulebeing reviewed.

 

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

 

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

 

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

 

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

 

 

(a) If the council determines that a rule submitted for reviewunder 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 succeedinglegislative session following the review to obtain a legislative order toprohibit the implementation or enforcement of the rule.

 

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

 

(c) If the legislature, each house voting separately, approvesa 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 thelegislature fails to approve a legislative order prohibiting the implementationor enforcement of a rule, the rule may be implemented or enforced, as the casemay be, after compliance with all other applicable provisions of law.

 

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

 

Norule shall be filed with the secretary of state pursuant to the WyomingAdministrative Procedure Act after the effective date of this act, except anemergency regulation adopted as provided by W.S. 16-3-103(b), unless the rulehas been submitted to the legislative service office for review as provided bythis act.