053-1 Wyo. Code R. § 1-6

Current through April 27, 2019
Section 1-6 - Rules Governing Public Records Requests

(a) Applicability. This section applies to requests for access to public records pursuant to W. S. § 16-4-201, et seq.

(b) Custodian. For the purpose of any public records request, the Administrator is the custodian of all public records maintained or kept in the custody or control of the Division.

(c) Right of Inspection. Public records of the Division shall be available for inspection by any person at reasonable times, subject to reasonable restrictions imposed by the Administrator. No person shall inspect public records of the Division without the prior approval of the Administrator and all requests for access to public records shall be in writing.

(d) Grounds for Denial. In addition to any grounds for denial listed in W. S. § 16-3-203, the Administrator shall deny the right to inspect any information whose disclosure is prohibited by W. S. § 27-14-805. The Administrator may also deny the right to inspect records of investigations conducted by the Division, investigatory or security procedures of the Division, or any investigatory files of the Division, when disclosure would be contrary to the public interest.

(e) Response to Request; Statement of Reasons; Time Limits. The Administrator or designee shall issue a response to all written requests for access to public records within thirty (30) days, after the request is received by the Division. Any written request for access shall be deemed denied if the Administrator has not issued a response within thirty (30) days after the request was received by the Division. A party whose request for access is denied may request a written statement of reasons. Any request for a statement of reasons shall be in writing. The Administrator shall issue a written response to any such request, stating the reasons for denying access, including citations to legal authority, within thirty (30) days after the request was received by the Division. Any denial of access shall be final, unless the party seeking access files an application in district court pursuant to W. S. § 16-4-203(f) within thirty (30) days after the Administrator's statement of reasons is issued. At the same time it is filed in the district court, any application pursuant to W. S. § 16-4-203(f) shall be served on the Administrator by certified mail.

(f) Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records.

  • (i) Authority. The Department of Workforce Services, Workers' Compensation Division is required under W. S. § 16-3-103(j)(ii) to adopt the Department of Administration and Information's uniform rules pertaining to procedures, fees, costs, and charges for inspecting, copying, and producing public records.
  • (ii) Adoption of Uniform Rules. The Department of Workforce Services, Workers' Compensation Division hereby incorporates by reference the following uniform rules:
    • (A) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https://rules.wyo.gov. See Current Rules, Administration & Information, Dept., Director's Office, Chapter 2. This incorporated rule may also be requested from the Wyoming Secretary of State Office (Administrative Services Division) in writing at 2020 Carey Avenue, Suite 600, Cheyenne, WY 82002-0020; by email at: rules@wyo.gov; by telephone at: (307) 777-5348; or by fax at: (307) 777-5339.
    • (B) For these rules incorporated by reference:
      • (I) The Department of Workforce Services, Workers' Compensation Division has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;
      • (II) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and
      • (III) The incorporated rules are maintained at the Department of Workforce Services, Workers' Compensation Division's office (1510 East Pershing Boulevard, Cheyenne, Wyoming 82002) and are available for public inspection and copying at the same location.

(g) The provisions of this section notwithstanding, the Division shall, upon request, provide one photocopy of the official workers' compensation file, free of charge, to both the employee and the employer.

053-1 Wyo. Code R. § 1-6

Amended, Eff. 8/24/2017.

Amended, Eff. 11/13/2018.