CHAPTER III

RULES GOVERNING SLAUGHTER HOUSES

Section 1. Authority - Purpose. For the purpose of securing tagging of cattle hides in the State of Wyoming, the Wyoming Livestock Board, by virtue of authority vested in it by Section 11-263,

Wyoming Statutes, 1957, as amended, has adopted the following rules and regulations.

Section 2. Tagging of Cattle Hides at Slaughtering Houses. Brand inspectors are to backtag all cattle at slaughtering plants, irrespective of their origin, not more than seven (7) days prior to slaughter. No cattle at slaughtering plants are to be slaughtered until backtagged. Said backtag number shall be reported on Form EF.

CHAPTER IV

RULES GOVERNING BRAND INSPECTION OF SHEEP

Section 1. Authority. The following rules have been adopted by the Wyoming Livestock Board pursuant to the authority vested in it as outlined in Chapter 98, Session Laws of Wyoming 1965.

Section 2. Determination of Ownership. Ownership of sheep may be determined, where recorded brands are not yet in effect, at the discretion of the brand inspector until July 1, 1967. This determination to be made by methods heretofore recognized. Necessary investigation to be made by local brand inspector.

Section 3. Establishing Ownership and disposition of Estray Sheep. If ownership of any or all of the sheep is not claimed by the person or persons, firm, partnership, corporation or association intending to remove them from the county and it is impractical to get written authorization from the owners for such removal, then the shipper shall be responsible to see that estray sheep be returned to the rightful owners or direct disposition of same. A report should be made out in triplicate by the brand inspector, stating what was done with estray sheep in shipment. Copies to owner of sheep, and Wyoming Livestock Board.

Section 4. Determination of Number of Sheep. The brand inspector may accept the seller’s and buyer’s sales report stipulating the number of sheep as the actual number in lieu of his actual count.

Section 5. Recognition of Brands. The identification practices such as eartags, registered earmarks, tattoos or fire brands that have become customary in various areas of the State shall be used as supplemental means of identification for ownership in addition to recorded paint brands.

Section 6. Receivership of funds collected for Estray Sheep. In case of estray sheep, the executive committee of Wool Growers will direct the receivership of funds collected.

Section 7. Paint Brands. Paint brand must be dry at time of inspection.

Section 8. Inspection on Change of Ownership. All sheep must be inspected on change of ownership, within the State of Wyoming.

Section 9. Sheep Sold from Out-of-State Destination. When sheep are moved across state lines, under annual permit, any sheep sold from out-of-state destination must be inspected by Wyoming brand inspector.

Section 10. Inspection Before Leaving the State. All sheep coming into Wyoming must be brand inspected before leaving the State.

Section 11. Reading Sheep Brands. All sheep brands recorded on the left side shall be read from head to tail standing on the left side. Brands recorded on the right side shall be read from tail to head standing on the right side. All sheep brands now recorded as back of sheep or (BS) shall be read standing on the left side from left to right and top to bottom.

CHAPTER 7

RULES OF PRACTICE AND PROCEDURE

BEFORE THE WYOMING LIVESTOCK BOARD OF THE STATE OF WYOMING

Section 1. Authority. These rules are promulgated pursuant to W.S. §§ 11-18-103(v), 11-19-103(g), 11-22-102 and 16-3-102(a)(i).

Section 2. Scope.

(a) These rules of practice and procedure govern the procedures by which the Wyoming Livestock Board may reach informed decisions with respect to appeals brought pursuant to W.S. 11-19-103(g). These procedures provide a method by which an owner, or the agent of an owner, of animals affected by an order or other action of the Wyoming State Veterinarian issued or taken under Chapter 19 of Title 11 of the Wyoming statutes may appeal to the Wyoming Livestock Board. In addition, these rules govern how an aggrieved governmental entity may appeal to the Wyoming Livestock Board from an order or other action of the Wyoming State Veterinarian issued or taken under Chapter 19 of Title 11 of the Wyoming statutes.

(b) These rules also govern all contested cases before the Wyoming Livestock Board where notice and opportunity for hearing is required by its rules and statutes.

(c) These rules do not apply to decisions, actions or orders issued or taken by the Board, Director, Wyoming State Veterinarian or other Board employee where notice and opportunity for hearing is not required by the Board’s rules or statutes.

Section 3. Definitions.

(a) “Board” means the Wyoming Livestock Board.

(b) “Complainant” means: (i) an owner, or agent of an owner, of animals affected by an order, decision or other action of the Wyoming State Veterinarian issued or taken under Chapter 19 of Title 11 of the Wyoming statutes including any aggrieved governmental entity affected by such order, decision or other action; or (ii) any person that appeals an order, decision or other action issued or taken by the Wyoming State Veterinarian, Director or their designee where notice and opportunity for hearing is required by the Board’s rules or statutes.

(d) “Wyoming State Veterinarian” means a veterinarian who has been appointed state veterinarian by the Board pursuant to 11-18-103(a)(i).

Section 4. Initiation of Appeal.

(a) An appeal of an order, decision or other action issued or taken by the Wyoming State Veterinarian, Director or their designee shall be instituted by the Complainant by filing an appeal with the Board at its Cheyenne office within thirty (30) calendar days of the order, decision or other action, except that a quarantine may be appealed at any time during the quarantine. The thirty (30) calendar day appeal period begins on the day following the date of the order, decision or other action.

(b) If the appeal is not filed with the Board at its Cheyenne office within thirty (30) calendar days of the order, decision or other action, the appeal shall be dismissed with prejudice for being untimely, except that a quarantine may be appealed at any time during the quarantine.

(i) The name and address of the Complainant filing the appeal.

(ii) The order, decision or action which is being appealed (attach the order or decision being appealed).

(iii) A statement in ordinary, but concise language of the facts on which the appeal is based, including whenever possible particular reference to the statutes, rules or orders that the Complainant alleges have been violated.

(iv) The name and address of the Complainant’s attorney, if any.

(v) A statement indicating whether the Complainant is requesting an informal hearing or whether the Complainant is requesting to proceed immediately to a formal contested case hearing. Requesting to proceed to an informal hearing is at the sole discretion of the Complainant.

Section 5. Informal Hearing Process.

(a) If the Complainant requests an informal hearing, the informal hearing shall be held before two (2) Board members who shall be selected by the Chairman of the Board or his designee.

(b) The informal hearing is an opportunity for the parties to discuss the appeal, present their arguments and reach a negotiated settlement with the assistance of the two (2) selected Board members.

(c) The informal hearing shall be held within forty five (45) days after the Complainant’s request, however, the two (2) Board members shall have the discretion to extend this time period.

(d) The informal hearing may be conducted by phone or in person.

(e) Wyoming Rule of Evidence 408 will be applied to the informal hearing process.

(f) During the informal hearing, the Complainant may be represented by his attorney and the Wyoming State Veterinarian, Director or their designee may be represented by an Assistant Attorney General.

(g) If the parties are unable to reach a negotiated settlement within sixty (60) days after the Complainant’s request for an informal hearing, the appeal shall proceed to a formal contested case hearing as outlined in Section 6 of these rules. The two (2) selected Board members shall have the discretion to extend this time period.

(h) The Board members who participate in the informal hearing shall not sit on the Board during the formal contested case hearing nor participate in the Board’s final decision and order. The two selected Board members who participated in the informal hearing may not discuss the appeal with the remaining Board members until a final decision and order is issued following the formal contested case hearing.

(i) There is no requirement that the Complainant participate in an informal hearing prior to requesting or participating in a formal contested case hearing.

Section 6. Formal Contested Case Hearing Process.

(a) If the Complainant requests a formal contested case hearing before the Board, the Board shall forward the appeal to the Office of Administrative Hearings.

(b) The Office of Administrative Hearings shall act as the hearing officer and shall preside over the formal contested case hearing.

(c) The Office of Administrative Hearings shall conduct the formal contested case hearing pursuant to the Wyoming Administrative Procedure Act and the Office of Administrative Hearings’ rules concerning contested case proceedings.

(d) The Complainant can either represent himself or have an attorney represent him during the formal contested case hearing.

(e) An Assistant Attorney General shall represent the Wyoming State Veterinarian, Director or Director’s designee during the formal contested case hearing.

(f) At least a quorum of the Board shall be present during the formal contested case hearing.

(g) During the formal contested case hearing, Board members may ask questions of the witnesses and/or the parties including their attorneys.

(h) A court reporter shall be present during and report the entire formal contested case hearing.

Section 7. Decision and Order.

(a) Following the formal contested case hearing, the Board shall deliberate and announce its decision and order. The Board shall subsequently issue its decision and order in writing within the time frame prescribed by its statutes, rules or the Wyoming Administrative Procedure Act. If no time frame is prescribed, the Board shall issue its decision and order within forty five (45) calendar days following the conclusion of the formal contested case hearing.

(b) The decision and order shall be adopted by a majority of the Board members present during the formal contested case hearing.

Section 8. Appeals to District Court. Appeals to the District Court from decisions of the Wyoming Livestock Board are governed by W.S. 16-3-114, Rule 12 of the Wyoming Rules of Appellate Procedure and by W.S. 11-19-103(g)(iv).

Section 9. Transcript in Case of Appeal. In case of an appeal to the District Court, the party appealing shall secure and file a transcript of the testimony and other evidence offered at the hearing with the Board, which transcript must be verified by the oath of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case. The cost of making the transcript shall be paid by the party appealing.

BRAND INSPECTION ZONES

CHAPTER 22

Section 1: Authority.

(a) Pursuant to the authority vested in the Wyoming Livestock Board by virtue of W.S. § 11-18-103(a)(v) and W.S. § 11-20-203(c), the following rules and regulations are hereby promulgated.

Section 2: Purpose.

(a) The purpose of these rules is to define Brand Inspection Zones by species pursuant to W.S. § 11-20-203(c).

Section 3: Definitions.

(a) For the purposes of these rules, the definitions in W.S. §11-20-101 are applicable. Further, the following definitions are applicable.

(i) “Brand Certificate of Inspection” means a document created and issued by the Wyoming Livestock Board for the purpose of implementing the Brand Inspection Program as prescribed by W.S. § 11-20-201 et seq.

(ii) “Brand Inspection Zone” means an area based on multiple contiguous counties or the entire state, as determined by the Wyoming Livestock Board, which do not require a brand inspection for the movement of specified livestock within the Brand Inspection Zone.

Section 4: Penalty of a Violation of Rules.

(a) Penalties for a violation of these rules will be pursuant to law.

Section 5: Brand Inspection Zone for Goats.

(a) The Brand Inspection Zone for all Goats and/or Caprine species shall consist of the entire State of Wyoming.

Section 6: Brand Inspection Zone for Llamas and Alpacas.

(a) The Brand Inspection Zone for all Llamas and Alpacas shall consist of the entire State of Wyoming.

Section 7: Brand Inspection Zones for all other Livestock Species.

(a) No Brand Inspection Zones have been designated by the Livestock Board for any additional livestock species. All other livestock species subject to brand inspection under W.S. §11-20-201, et seq. shall meet the requirements of Chapter 20, Title 11 of the Wyoming Statutes.

Section 8: Reauthorization of Brand Inspection Zones.

(a) These Brand Inspection Zones shall be reviewed and reauthorized annually by the Wyoming Livestock Board.