Administrative Rule Review Report  #AR11-023

Legislative Service Office

24-May-11

AGENCY: Secretary of State Office.

DATE SUBMITTED: May 16, 2011.

SUBJECT: Chapter 8, Orders, Contests and Hearings; Chapter 9, Hearings.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 17-16-130 and 17-4-124.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  The secretary of state's office is consolidating its rules on conduct of contested case hearings.  These rules repeal rules promulgated under the authority of the securities division and expand rules promulgated under the corporations division to apply to all contested case hearings before the secretary of state.  The rules do not change the substantive requirements for those hearings.

The authority cited for the rules is not complete in that the rules state the authority derives from W.S. 17-16-130 (corporations act) and W.S. 16-3-102 (administrative procedure act).  The authority should also include a citation to W.S. 17-4-124 (securities act).

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

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and approved by the Council as submitted by the Agency.   The governor should also direct the agency to correct the citation to authority in Section 1 of the rules to accurately reflect the statutory references.

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Lynda Cook

Staff Attorney

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David K. Gruver

Assistant Director

LGC/