020-3 Wyo. Code R. §§ 3-3 - Petition for Rulemaking

Any interested person may petition the Council or the Department requesting the promulgation, amendment, or repeal of any rule. The Director shall be copied on any petition directed to the Council and the Chair of the Council shall be copied on any petition directed to the Department.

(a) Each petition shall identify the rule or rules to be promulgated, amended, or repealed and shall provide support for the proposed rulemaking in the form of argument, data, legal citation, or other justification, as appropriate.

(b) For any petition that is directed to the Council, the Council shall, as soon as practicable, either deny or redirect the petition to the Director.

(i) The Council may hold a hearing to request additional information from the petitioner or members of the public before acting on a petition.

(ii) If the Council denies the petition, the Council shall notify the petitioner in writing, setting forth the reasons for denial. The Council shall provide a copy of the denial to the Director.

(iii) If the Council redirects the petition to the Director, the Council shall provide a copy of that determination to the petitioner.

(c) Upon receiving a petition from a member of the public or one that is redirected by the Council, the Director shall, as soon as practicable, either deny the petition in writing or begin preliminary rulemaking.

(i) The Director may request additional information from the petitioner before acting on the petition and may seek additional input from members of the public through public meetings, hearings, or other outreach.

(ii) If the Director denies the petition, the Director shall notify the petitioner in writing, setting forth the reasons for the denial.

(iii) If the Director begins preliminary rulemaking in response to a petition, the Director shall notify the petitioner in writing of that determination.

(iv) If the Director begins preliminary rulemaking in response to a petition and subsequently decides not to initiate rulemaking, the Director shall notify the petitioner in writing of that decision, setting forth the reasons for doing so. The decision not to initiate rulemaking is a denial of the rulemaking petition.

(v) The Director shall provide the Council with a copy of all notices required by this subsection.

(d) A written denial of any rulemaking petition is final agency action and is not subject to judicial review.

Notes

020-3 Wyo. Code R. §§ 3-3

Amended, Eff. 4/24/2017. Amended, Eff. 9/27/2021.