020-3 Wyo. Code R. §§ 3-5 - Promulgating Rules
(a) When the
Department initiates rulemaking, it shall file the following with the Council:
(i) Strike and underscore and clean copies of
the proposed rule;
(ii) Proposed
Statement of Principal Reasons for adopting the proposed rule;
(iii) Copies of all public comments received
to date and proposed responses, if applicable;
(iv) Record or minutes of any public hearings
or meetings conducted by the Department and the affected advisory board or
boards;
(v) Statement from the
Director indicating that the Department consulted with the affected advisory
board or boards and the affected division administrator or administrators on
the proposed rule;
(vi)
Recommendation from the Director that the Council adopt the proposed rule;
and
(vii) Any additional materials
that the Department believes are necessary to explain the contents of the
proposed rule.
(b) When
initiating rulemaking, the Department shall provide the Council with an index
of materials relied upon to develop the proposed rule.
(i) The Department may update the index until
the public comment period on the proposed rule, as required by W.S. §
16-3-103(a)(i), is closed.
After the comment period is closed, the Department may only update the index
with responses to comments.
(ii)
All indexed materials shall be open for inspection by any person at reasonable
times during business hours of the Department.
(c) In the case of judicial review of any
rule adopted by the Council, all indexed materials shall be included in the
administrative record submitted to the court, together with any additional
materials considered by the Council during rulemaking hearings.
Notes
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