020-3 Wyo. Code R. § 3-4

Current through April 27, 2019

Section 3-4 - Preliminary Rulemaking Hearings before the Advisory Boards

(a) The air, land, solid and hazardous waste management, and water divisions of the Department may conduct preliminary rulemaking hearings before their related advisory boards by submitting the following materials to the affected board:

(i) Strike and underscore and clean copies of the preliminary rule;

(ii) Copies of all public comments received to date and proposed responses, if applicable; and

(iii) Any additional materials that the divisions and advisory boards believe are necessary to explain the content of the preliminary rules.

(b) The Department may not initiate rulemaking and submit a proposed rule to the Council for consideration without first securing a recommendation to adopt the preliminary rule from the affected advisory board. At the conclusion of a preliminary rulemaking hearing, an advisory board may:

(i) Choose to continue discussion of the preliminary rule at the next regularly scheduled meeting or schedule a special meeting specifically to discuss the proposed rule, retaining the ability in either situation, to also re-open and extend the public comment period for the proposed rule;

(ii) Remand the preliminary rule to the division for further action, including addressing questions regarding specific aspects of the preliminary rule; or

(iii) Recommend that the Department initiate rulemaking and submit the preliminary rule to the Council for adoption.

(c) When preliminary rules involve more than one of the divisions of the Department, the Director may call a joint meeting of the affected advisory boards. The advisory boards shall select one member to preside over the joint meeting. Any formal action taken on a preliminary rule discussed during a joint meeting of the advisory boards must be voted on individually by each advisory board.

(d) The divisions may consult with the advisory boards through special meetings after preliminary rulemaking hearings. The divisions may incorporate suggestions that arise during preliminary rulemaking hearings or any subsequent special meetings without conducting additional preliminary rulemaking hearings.

020-3 Wyo. Code R. § 3-4

Amended, Eff. 4/24/2017.