Administrative Regulation Review

Wyo. Stat. Ann. tit. 28, ch. 9
in effect

Wyo. Stat. Ann. § 28-9-101 Definitions.

(a) As used in this act: (i) "Agency" means any authority, bureau, board, commission, department, division, officer or employee of the state, excluding the state legislature and the judiciary; (ii) "Council" means the legislative management council or any committee thereof; (iii) "Rule" means the same as defined in W.S. 16-3-101(b)(ix); (iv) "This act" means W.S. 28-9-101 through 28-9-109.

Wyo. Stat. Ann. § 28-9-102 Powers and duties.

(a) The council may: (i) Examine the administrative rules and regulations of any agency to determine if they properly implement legislative intent, are within the scope of delegated authority, and are lawfully adopted; (ii) Require any agency and any officer or employee thereof to give full cooperation and assistance to the committee or its staff in assembling and furnishing requested information; and (iii) Hold public hearings.

Wyo. Stat. Ann. § 28-9-103 Submission of rules for review; notice to legislators.

(a) Repealed by Laws 1988, ch. 66, § 2. (b) An agency shall submit copies of adopted, amended or repealed rules to the legislative service office for review pursuant to W.S. 28-9-104 within ten (10) days after the date of the agency's final action adopting, amending or repealing those rules. (c) Repealed by Laws 1988, ch. 66, § 2. (d) Upon receipt of an agency's notice to adopt new rules pursuant to W.S. 16-3-103(a)(i), the legislative service office shall give notice to the primary sponsor of the legislation, to members of the interim or standing committee which sponsored or acted upon the legislation authorizing the new rules and to every other legislator. The notice given by the legislative service office shall state a copy of the rules will be sent if requested. Notice under this subsection is not required for persons not currently serving in the legislature. (e) Upon receipt of an agency's notice to adopt rules under W.S. 16-3-103(a)(i), the legislative service office shall give notice to each legislator.

Wyo. Stat. Ann. § 28-9-104 Review procedure; time for review; criteria for review.

(a) The legislative service office shall review rules submitted under W.S. 28-9-103(b) and report its findings to the council. The legislative service office shall review new rules and include therein any comments from the primary sponsor of the legislation, the chairman of the interim or standing committee which sponsored or acted upon the legislation authorizing the new rules and any other legislator submitting comments, and shall report their findings to the council. The legislative service office shall review all major rules in accordance with W.S. 28-9-109. The report required under this subsection shall be submitted to the council: (i) Within fifteen (15) days after the rules were submitted under W.S. 28-9-103(b); or (ii) If the legislature is in session at the time the report would otherwise be due under paragraph (i) of this subsection, then within ten (10) days after the adjournment of the session. (b) The council may review any rule of an agency when requested to do so by a member of the legislature or any legislative committee. (c) When reviewing a rule of an agency, the council shall determine whether the rule: (i) Appears to be within the intent and scope of the legislative enactment delegating the authority to adopt the rule; (ii) Has been adopted in accordance with all applicable and statutory requirements of law; and (iii) Meets all constitutional and statutory requirements, restrictions and standards.

Wyo. Stat. Ann. § 28-9-105 Review procedure; recommendations.

(a) Repealed by Laws 1988, ch. 66, § 2. (b) The management council may refer the review report to the legislative interim or standing committee which sponsored or handled the legislation which is the authority relied on for the rule being reviewed. If the legislation was not sponsored by a legislative committee, the review report may be referred to the joint interim committee which corresponds to the standing committee that handled the legislation in the house in which the legislation was introduced. The standing or interim committee to which the review report is referred may make recommendations to and assist the council in preparing recommendations to the agency which adopted or proposed the rule being reviewed.

Wyo. Stat. Ann. § 28-9-106 Council recommendations to the agency; time.

(a) The council shall submit its approval or its recommendations for amendment or rescission to the governor and to the agency which submitted the rule. (b) The governor, within fifteen (15) days after receiving any council recommendation, shall either order that the rule be amended or rescinded in accordance with the council's recommendation or file with the council in writing his objections to the recommendation.

Wyo. Stat. Ann. § 28-9-107 Legislative orders; action required; implementation and enforcement of rules.

(a) If the council determines that a rule submitted for review under W.S. 28-9-103(b) does not satisfy one (1) or more of the criteria of W.S. 28-9-104(c), the council may introduce legislation in the next succeeding legislative session following the review to obtain a legislative order to prohibit the implementation or enforcement of the rule. (b) Repealed by Laws 1988, ch. 66, § 2. (c) If the legislature, each house voting separately, approves a legislative order to prohibit the implementation or enforcement of any rule, the rule is null and void and shall not be implemented or enforced. If the legislature fails to approve a legislative order prohibiting the implementation or enforcement of a rule, the rule may be implemented or enforced, as the case may be, after compliance with all other applicable provisions of law. (d) If the council, management audit committee, a joint interim committee or any legislator determines that it is appropriate after reviewing the results of the analysis completed under W.S. 28-9-109, the council, a joint interim committee or any legislator may introduce legislation in the next succeeding legislative session following the completion of the analysis to obtain a legislative order to prohibit the implementation or enforcement of the major rule.

Wyo. Stat. Ann. § 28-9-108 Submitting rules to legislative service office required.

No rule shall be filed with the secretary of state pursuant to the Wyoming Administrative Procedure Act, except an emergency regulation adopted as provided by W.S. 16-3-103(b), unless the rule has been submitted to the legislative service office for review as provided by this act.

Wyo. Stat. Ann. § 28-9-109 Agency rules; analysis and review.

(a) The legislative service office shall review each major rule submitted under this act and report the review in accordance with this section. (b) For each major rule submitted under this act, the legislative service office shall: (i) Not later than fifteen (15) days after the major rule was submitted under W.S. 28-9-103(b), provide the major rule to each member of the legislature; (ii) Not later than the time specified in subsection (e) of this section, complete a regulatory impact analysis in accordance with subsection (c) of this section. (c) Each regulatory impact analysis of a major rule shall include: (i) A statement of need for the major rule, provided by the agency promulgating the major rule; (ii) The statutory authority for the promulgation of the major rule; (iii) An examination of alternatives to the enactment of the major rule; (iv) An evaluation of the costs and benefits for the major rule, including: (A) Estimated primary or direct benefits accruing as a result of the major rule; (B) Estimated cost savings or financial benefits to the state and its residents and businesses; (C) Estimated compliance costs for regulated entities subject to the major rule; (D) Estimated secondary or indirect costs associated with the major rule; (E) Estimated effect on state revenue; (F) Estimated effect on state expenditures, including estimated administrative expenses; (G) Estimated opportunity costs. For purposes of this subparagraph, the cost of compliance in terms of any resulting removal of private capital from the market shall be included in the analysis; (H) The sources consulted to complete the analysis; (J) Key assumptions made and sources of uncertainty with the analysis; (K) Any other information the legislative service office determines would be beneficial for legislative consideration of the major rule. (d) Upon completing a regulatory impact analysis, the legislative service office shall provide the analysis to each member of the legislature and shall make the analysis available to the public. (e) The legislative service office shall complete each regulatory analysis not later than fifty (50) days after the major rule was submitted for review under W.S. 28-9-103(b). (f) To the extent resources are available, the council may direct the legislative service office to perform a regulatory impact analysis for any existing major rule. (g) The legislative service office may request any information, expertise or assistance from an agency promulgating a major rule. Upon receiving a request under this subsection, the agency shall provide all information and assistance necessary for the legislative service office to complete the regulatory impact analysis required under this section. (h) "Major rule" means a rule, including an emergency rule, designated by management council under W.S. 28-9-109 that will result in or is likely to result in one (1) or more of the following: (i) An annual impact on the economy of Wyoming that will result in direct or indirect costs of not less than one million dollars ($1,000,000.00); (ii) Significant adverse effects on competition, employment, investment, productivity or innovation in the state, including significant adverse effects on individual industries or regions within Wyoming.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title28.pdfFetched: 10/4/2026

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