027-2 Wyo. Code R. §§ 2-3 - Exception Requests

(a) The Commission may grant exceptions on a case-by-case basis to the following:

(i) Building capacity based on a most cost effective remedy study;

(ii) Budget recommendations;

(iii) Allowable square footage calculator;

(iv) A determination of the Department rejecting a request to use a non-Commission-approved contract as described in Chapter 9 Section 7(a)(ii);

(v) A determination of the Department rejecting a request for a value engineering waiver as described in Chapter 9 Section 8(a)(i);

(vi) Specific requirements of the Design Standards and Guidelines; and

(vii) A building's CRV, for use in the calculation of its FCI. Upon request of a district, the Commission may direct the Department to calculate a building's CRV using the maximum allowable square footage based on the higher of the District's current or eight-year projected enrollment.

(b) A district making an exception request shall include documentation explaining the exception request. Such documentation should include, at a minimum:

(i) The precise nature of the exception requested;

(ii) The justification for the exception request; and

(iii) Necessary supporting documentation as identified by the Department.

(c) The Department shall create a thorough written record supporting the granting or denial of every exception request. Exception requests shall be initially presented to the Department for its review. The Department shall then present the request to the Commission with a recommendation at the next meeting for which the submission of additional Commission matters is timely.

(d) The Commission shall at a minimum consider the reasons why the exception is being requested, the nature of the request, any cost implications of the request, whether granting the request comports with the Commission's statutory duties and authority, and whether alternative means exist to accomplish the purposes of the request.

Notes

027-2 Wyo. Code R. §§ 2-3

Adopted, Eff. 1/15/2020. Amended, Eff. 2/2/2022. Amended, Eff. 7/31/2023 (EMERGENCY). Amended, Eff. 11/28/2023, exp. 3/27/2024 (Emergency). Amended, Eff. 5/9/2024.