Administrative Rule Review Report   #AR08-010

Legislative Service Office

24-Jan-08

AGENCY: Wyoming Business Council.

DATE SUBMITTED: January 22, 2008.

SUBJECT: Chapter 1, Wyoming Main Street Program.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 9-12-1104(c)

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

The Wyoming Administrative Procedure Act generally does not apply to the Wyoming Business Council.  W.S. 9-12-103(g).  However, W.S. 9‑12‑104(a)(iv) provides that rules adopted by the Wyoming Business Council will be submitted to the Management Council for review and must be approved by the governor and filed with the secretary of state.

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.  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES: 

These new rules are being promulgated to comply with the statutory amendments to the Wyoming Main Street Program as a result of 2007 Session Laws, Chapter 101.  These new rules reflect the Main Street Program being transferred from the Department of Agriculture to the Wyoming Business Council.  These rules replace the Chapter 45 rules in the Department of Agriculture, eliminate the pilot program, increase the available loan amount from $30,000 to $100,000 and establish the date for the required annual report.

FINDINGS: 

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

Administrative Rule Review Report   #AR08-010

Legislative Service Office

24-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/