(a) The Council
chair shall assign a hearing officer from among the Council members within
thirty (30) days of the Department filing the proposed rule with the Council.
The appointed hearing officer shall preside over all proceedings before the
Council related to the proposed rule. If the assigned Council member leaves the
Council through resignation, expiration of membership, or otherwise, the chair
shall assign a hearing officer as a replacement and shall serve as the hearing
officer in the interim before the substitute assignment is made.
(b) Any member of the public, subject to
reasonable time restrictions established by the presiding officer, may address
the Council at any meeting in which the Council is considering proposed rules.
The Council shall allow meaningful opportunity for public comment at each
rulemaking hearing.
(i) No person may address
the Council without first being recognized by the presiding officer.
(ii) The Council may provide a telephonic or
internet-based method to receive public comments during Council
proceedings.
(iii) Members of the
public may not directly address each other in proceedings before the Council,
and shall address any questions to the hearing officer.
(iv) Members of the public seeking
recognition in proceedings before the Council shall state their name and
whether they are speaking on behalf of an organization. The Council shall
consider all comments to be made in a person's individual capacity unless an
affiliation is disclosed to the Council.
(v) In considering proposed rules, the
Council shall consider all properly submitted public comments.
(vi) Comments shall be directed to the
Council as a whole and not to individual Council members. If a member of the
public approaches an individual Council member to discuss a proposed rule, that
member shall direct the person to submit a comment for full consideration by
the Council. If a Council member receives information through informal contact
with a member of the public, that member shall disclose the contact and the
information received to the rest of the Council in an open meeting. If the
information is reduced to writing in physical or electronic format, the Council
member shall provide the information to the other Council members and the
writing shall become part of the record.
(c) The Council may make changes to proposed
rules based on its independent analysis of the form and substance of the
proposed rules. In doing so, the Council may consider testimony received during
a rulemaking hearing and materials submitted to the rulemaking docket.
(i) In considering potential changes to
proposed rules, the Council shall consider the following:
(A) Whether the contemplated change meets all
procedural requirements of the Wyoming Administrative Procedure Act, including
whether the change is a logical outgrowth of the proposed rule;
(B) Whether the opportunity for public
participation was meaningful and sufficient given the nature of the
contemplated change to the proposed rule;
(C) Whether the contemplated change imposes
an unwarranted administrative burden on the Department; and
(D) Whether the contemplated change impacts
the Department's ability to maintain primacy over the relevant regulatory area.
The Council shall allow the Department to provide a primacy analysis in the
context of any contemplated changes.
(ii) The Council shall not modify a proposed
rule if the Council determines that:
(A) The
contemplated change conflicts with state or federal law;
(B) The contemplated change is not a logical
outgrowth of the proposed rule; or
(C) The opportunity for public participation
was not meaningful or sufficient given the nature of the contemplated
change.
