Statutes, codes, and regulations
Wyoming Administrative Code
Agency 002 - Secretary of StateSubagency 0016 - Rules on Rules for State Agencies
Chapter 1 - PURPOSE, DEFINITIONS, GENERAL FILING PROVISIONS, AND COPIES OF RULES
Section 1-9 - Exemptions

002-1 Wyo. Code R. § 1-9

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Current through April 27, 2019
Section 1-9 - Exemptions

(a) Optional Provisions for Federal and Model Rules. If an agency administers federal programs or wants to adopt model rules and regulations, it may adopt the entire federal rules and regulations or model rules. It may opt to, but is not required to, file those rules in the federal or model format rather than putting them in state format. If an agency uses this exemption, it must file a summary page of changes with the proposed rules.

If an agency chooses this option, it must:

  • (i) Be adopting an entire portion of the federal regulations (segmented parts of rules or rules listing state exceptions are NOT acceptable);
  • (ii) Be in the standard federal regulation format; and
  • (iii) Be filed on 8½" x 11" paper.

(b) An agency may incorporate by reference all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this state, another state or by a nationally recognized organization or association, as permitted by W.S. 16-3-103(h), provided:

  • (i) The agency follows all procedures to adopt, amend or repeal this rule each time the original document is amended or repealed; and
  • (ii) The agency fully identifies the location where the public may view the rule (i.e. website address or library or agency address and phone number where one can view a copy) and when the website changes, the agency amends the rules in accordance with Section 3.

(c) Occasionally, federal and model rules are amended to correct minor typographical and punctuation errors. State agencies that have adopted the federal or model rules or that have incorporated the federal or model rules by reference may file the changes to the rules in accordance with Section 3, by filing an Explanation of Changes form with the Secretary of State.

(d) Agencies Exempt from the Rule Making Provisions of the Administrative Procedure Act or Differently Regulated. The following is a listing of agencies whose guiding statutes provide exemptions or alternative direction regarding rule making procedures:

  • (i) Department of Corrections pursuant to W.S. W.S. 25-1-105(a);
  • (ii) Board of Parole pursuant to W.S. W.S. W.S. 7-13-402(f);
  • (iii) Wyoming Business Council pursuant to W.S. W.S. 9-12-103; and
  • (iv) The Governors Office, Rules for Good Time Allowance, pursuant to W.S. W.S. W.S. 7-13-420.

    These agencies should consult their Attorney General representative regarding rules. Their rules must be filed with the Secretary of State using the Certification Page for Rules of Agencies Alternate from the APA, which can be found at the Secretary of State's website athttp://soswy.state.wy.us These rules will be available in electronic format only if the agency files its rules in accordance with the Rules on Rules format.

002-1 Wyo. Code R. § 1-9