002-3 Wyo. Code R. §§ 3-4 - Emergency Rules

(a) Emergency rules shall follow the same format as regular rules as set forth in Chapter 2 with the following addition:

(i) Emergency Rules shall, in boldface and underlined type, include the following statement directly below the Chapter Title:

(b) Emergency rules temporarily amend or repeal current rules or temporarily create a rule where none existed.

(i) An emergency rule shall not be in effect for longer than 120 days from the date filed with the Registrar of Rules. On the 121st day the emergency rule expires and the pre-existing current rule, if any, returns to force and effect; unless:

(A) A regular rule is filed with the Registrar of Rules to replace the emergency rule prior to its expiration; or

(B) Another emergency rule, identical or not, is adopted by the agency, signed by the Governor, and filed with the Registrar of Rules to replace the first emergency rule; however,

(I) Identical or substantially similar emergency rules shall in no case be effective for a total period exceeding two hundred forty (240) days from the date first filed with the Registrar of Rules.

(ii) Emergency rules shall bear the endorsement of the Governor before the Registrar of Rules may file the Emergency rule.

(iii) Emergency rules are adopted without notice or opportunity for public comment.

(c) An agency filing emergency rules shall use the Wyoming Administrative Rules System to submit their emergency rules consisting of:

(i) Emergency Rules Packet PDF containing the:

(A) Certification page for regular and emergency rules;

(B) Memorandum to the Governor documenting the emergency;

(C) Clean copy of each emergency rule chapter; and

(D) Strike and underscore copy of each emergency rule chapter,

(ii) Word (.docx) clean copy of each emergency chapter of rules.

(d) After the Governor has signed the Certification Page, the Attorney General's Office shall deliver the Certification Page to the Registrar of Rules for filing.

(e) Emergency rules are not officially filed until:

(i) The certification page bearing the Governor's signature has been delivered to the Registrar of Rules; and

(ii) The emergency rules have been processed and made available to the public on the Wyoming Administrative Rules system.

(f) When the Governor line-item vetoes all or any portion of an emergency rule, the agency shall modify the emergency rules document(s) by removing the vetoed content. The revised final copy of the emergency rule(s) shall be emailed to the Registrar of Rules at Rules@wyo.gov and shall not be submitted via the Wyoming Administrative Rules System.

Notes

002-3 Wyo. Code R. §§ 3-4

Adopted, Eff. 3/22/2017.