Administrative Rule Review Report  #AR07-014

Legislative Service Office

13-Feb-07

AGENCY: Department of Education.

DATE SUBMITTED: February 12, 2007.

SUBJECT: Chapter 3, Practice and Procedure for Contested Case Proceedings.

NATURE OF RULES:                   Legislative and Procedural.

STATUTORY AUTHORITY:        W.S. 21‑2‑202(a)(i) and (d).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:

            Apparently complete to date.

SUMMARY OF RULES:

            The permanent rules prescribe contested case procedure for grievances before the State Superintendent.  Specific provision is made for contested findings by the Department of Audit under the school audit function prescribed by W.S. 9‑1‑513.  The rules have been previously submitted to Council members under Emergency Rule Review Report #ER06-47 dated October 24, 2006.

FINDINGS:

            The permanent rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:

            That the permanent rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

_______________________

David R. Nelson

School Finance Manager

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Dan J. Pauli

Director

DRN/