020-3 Wyo. Code R. §§ 3-6 - Rulemaking Hearings before the Council

(a) The Council chair shall assign a hearing officer from among the Council members within thirty (30) days of the Department filing the proposed rule with the Council. The appointed hearing officer shall preside over all proceedings before the Council related to the proposed rule. If the assigned Council member leaves the Council through resignation, expiration of membership, or otherwise, the chair shall assign a hearing officer as a replacement and shall serve as the hearing officer in the interim before the substitute assignment is made.

(b) Any member of the public, subject to reasonable time restrictions established by the presiding officer, may address the Council at any meeting in which the Council is considering proposed rules. The Council shall allow meaningful opportunity for public comment at each rulemaking hearing.

(i) No person may address the Council without first being recognized by the presiding officer.

(ii) The Council may provide a telephonic or internet-based method to receive public comments during Council proceedings.

(iii) Members of the public may not directly address each other in proceedings before the Council, and shall address any questions to the hearing officer.

(iv) Members of the public seeking recognition in proceedings before the Council shall state their name and whether they are speaking on behalf of an organization. The Council shall consider all comments to be made in a person's individual capacity unless an affiliation is disclosed to the Council.

(v) In considering proposed rules, the Council shall consider all properly submitted public comments.

(vi) Comments shall be directed to the Council as a whole and not to individual Council members. If a member of the public approaches an individual Council member to discuss a proposed rule, that member shall direct the person to submit a comment for full consideration by the Council. If a Council member receives information through informal contact with a member of the public, that member shall disclose the contact and the information received to the rest of the Council in an open meeting. If the information is reduced to writing in physical or electronic format, the Council member shall provide the information to the other Council members and the writing shall become part of the record.

(c) The Council may make changes to proposed rules based on its independent analysis of the form and substance of the proposed rules. In doing so, the Council may consider testimony received during a rulemaking hearing and materials submitted to the rulemaking docket.

(i) In considering potential changes to proposed rules, the Council shall consider the following:

(A) Whether the contemplated change meets all procedural requirements of the Wyoming Administrative Procedure Act, including whether the change is a logical outgrowth of the proposed rule;

(B) Whether the opportunity for public participation was meaningful and sufficient given the nature of the contemplated change to the proposed rule;

(C) Whether the contemplated change imposes an unwarranted administrative burden on the Department; and

(D) Whether the contemplated change impacts the Department's ability to maintain primacy over the relevant regulatory area. The Council shall allow the Department to provide a primacy analysis in the context of any contemplated changes.

(ii) The Council shall not modify a proposed rule if the Council determines that:

(A) The contemplated change conflicts with state or federal law;

(B) The contemplated change is not a logical outgrowth of the proposed rule; or

(C) The opportunity for public participation was not meaningful or sufficient given the nature of the contemplated change.

Notes

020-3 Wyo. Code R. §§ 3-6

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