Wyoming Administrative Procedure Act
Wyoming · City, County, State and Local Powers · §§ 16-3-101 to 16-3-115 · 15 sections
Overview
The act governs how state administrative agencies make rules and how they resolve individual contested cases. On the rulemaking side it requires agencies to give advance notice of proposed rules, take public comment, prepare analyses of a proposed rule's anticipated impacts, and file and index rules before they take effect, while also providing for emergency rulemaking, public petitions to adopt rules, and periodic agency review of rules already on the books. For contested cases it establishes notice and an opportunity to be heard, the right to counsel, interpreters for deaf or hearing-impaired parties and witnesses, and informal disposition, and it preserves judicial review — including declaratory judgment actions testing the validity of a rule.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 63 court decisions.
Most-cited authority: 2021 WY 32 - Marvin Mirich v. State of Wyoming Ex Rel., Board of Trustees of Laramie County School District Two and Laramie County School District Number Two
Sections covered
- Wyo. Stat. Ann. § 16-3-101Short title; definitions8 cites
- Wyo. Stat. Ann. § 16-3-102General rulemaking requirements; assistance and authority of attorney general
- Wyo. Stat. Ann. § 16-3-103Adoption, amendment and repeal of rules; notice; hearing; emergency rules; proceedings to contest; review and approval by governor1 cite
- Wyo. Stat. Ann. § 16-3-104Filing of copies of rules; permanent register; effective dates; manner of preparation; advice and assistance of attorney general
- Wyo. Stat. Ann. § 16-3-105Compilation and indexing of administrative code; charges for copies; authentication by registrar
- Wyo. Stat. Ann. § 16-3-106Petition for promulgation, amendment or repeal of rules
- Wyo. Stat. Ann. § 16-3-107Contested cases; general procedure
- Wyo. Stat. Ann. § 16-3-108Contested cases; admissible evidence; cross-examination; judicial notice3 cites
- Wyo. Stat. Ann. § 16-3-109Contested cases; consideration of record; exceptions to decision; briefs and oral argument
- Wyo. Stat. Ann. § 16-3-110Contested cases; final decision; contents; notification1 cite
- Wyo. Stat. Ann. § 16-3-111Contested cases; limitations on consultations and participations
- Wyo. Stat. Ann. § 16-3-112Contested cases; presiding officers; qualifications; powers; outside personnel; hearing officers
- Wyo. Stat. Ann. § 16-3-113License hearings
- Wyo. Stat. Ann. § 16-3-114Judicial review of agency actions; district courts50 cites
- Wyo. Stat. Ann. § 16-3-115Judicial review of agency actions; supreme court
Enacted in other states
Alaska, Alabama, Arkansas, California, Colorado, Florida, Hawaii, Iowa, Idaho, Illinois, Louisiana, Maine, Minnesota, Montana, Nebraska, New Jersey, Nevada, Texas, Vermont
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