Administrative Rule Review Report  #AR08-088

Legislative Service Office

20-Oct-08

 

AGENCY:                                 Wyoming Livestock Board.

 

DATE SUBMITTED:                   October 16, 2008.

 

SUBJECT:                                 Chapter 3, Slaughter Houses; Chapter 4, Brand Inspection of Sheep; Chapter 7, Rules of Practice and Procedure; and Chapter 22, Brand Inspection Zones.

 

NATURE OF RULES:                     Legislative, Procedural

 

STATUTORY AUTHORITY:         W.S. 11-18-103(a)(v) and 11-20-203(c)

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:

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:

Chapter 3 Slaughter houses is being repealed.  These rules were adopted in 1981 and are now obsolete because there are no longer any commercial slaughter houses in Wyoming.  Brand inspections of animals before being slaughtered are provided pursuant to W.S. 11‑23‑102.

 

Chapter 4, Brand inspection of sheep is being repealed.  These rules were adopted in 1981 and because of the numerous changes in brand inspection laws since 1981, the Agency now considers these rules obsolete.  The brand inspection of sheep is covered by existing statutes.

 

Chapter 7 amends the contested case process and makes amendments to comply with statutory changes from 2007 Session Laws, Chapter 191.  The new rules provide an appeal process for persons aggrieved by orders and actions issued or taken by the State Veterinarian, including an informal and a formal hearing process. 

 

Chapter 22 are new rules that add goats, llamas and alpacas to "livestock" and allow for the creation of brand inspection zones for livestock.  These rules are a result of 2007 Session Laws, Chapter 105.

 

FINDINGS:

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

 

 

 

 

Administrative Rule Review Report  #AR08-088

Legislative Service Office

20-Oct-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.

 

 

 

                                                            _______________________

                                                            Maxine R. Weaver

                                                            Staff Attorney

 

 

 

                                                            _______________________

                                                            Dan J. Pauli

                                                            Director

MRW/