Administrative Rule Review Report  #AR08-008

Legislative Service Office

17-Jan-08

AGENCY: Department of Agriculture.

DATE SUBMITTED: January 15, 2008.

SUBJECT: Chapter 51, Seed Law; Chapter 26, Seeds & Seed Cleaning Establishments (Repeal); and Chapter 56, Pricing of Seed Analysis (Repeal).

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 11-12-104(a) and 11-12-113(a)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: 

The rules were not delivered to the LSO within 10 days after adoption as required by W.S. 28‑9‑103(b). 

Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.

These rules were reviewed previously by Management Council as emergency rules ER07-21 and ER07-37.

Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES: 

These new rules are being amended to comply with the statutory amendments to the seed laws as a result of 2007 Session Laws, Chapter 8.  Chapter 51 amends definitions, provides a list of prohibited noxious weeds, restricted noxious weeds and regulated weeds, provides procedures for amending the weed lists, provides for licensing and certification of seed cleaning establishments and adopts the federal seed act regulations. 

With the changes to chapter 51, Chapters 26 and 56 are repealed.

FINDINGS:

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

Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

Administrative Rule Review Report  #AR08-008

Legislative Service Office

17-Jan-08

Page 2

STAFF RECOMMENDATION: 

That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.  Further, that the Council request the Governor to caution the Agency concerning the need to comply with statutory procedural requirements for adoption of rules, as noted in the rule review report.

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Maxine R. Weaver

Staff Attorney

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David K. Gruver

Assistant Director

MRW/