The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statute § 16-3-102, defines “agency” broadly to include any state board, commission, department, committee, officer, or any other unit of state government, excluding the legislative and judicial branches. This definition is crucial for determining which entities are subject to the rulemaking and adjudicatory procedures outlined in WAPA. When a new state entity is created, its enabling legislation must be examined to ascertain if it falls within the WAPA’s scope. For instance, a newly established commission tasked with overseeing state park land management, if it is a unit of state government and not part of the judicial or legislative branches, would generally be considered an “agency” under WAPA. This classification dictates its procedural obligations regarding public notice of proposed rules, opportunity for public comment, and adherence to formal hearing processes when making decisions that affect the rights and privileges of individuals or entities. Understanding this foundational definition prevents procedural errors that could invalidate agency actions.

The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statute § 16-3-102(a), defines “rule” broadly to include “each agency’s regulations, directives, and orders of general applicability and future effect, without regard to its designation, that implement or interpret or prescribe law or policy or describe the organization, procedure or practice requirements of any agency.” This definition is crucial for understanding the scope of administrative law within Wyoming. When an agency proposes a new regulation, it must follow specific procedural steps outlined in WAPA, including public notice and an opportunity for public comment. If a proposed regulation is challenged as being an unlawful exercise of agency authority, a court will examine whether the agency’s action falls within the statutory grant of power. In this scenario, the Wyoming Department of Environmental Quality (DEQ) issued a guidance document regarding air quality permits. Guidance documents are often scrutinized to determine if they constitute “rules” under WAPA. If a guidance document, by its nature and effect, establishes a binding standard or policy that affects the rights or conduct of the public or regulated entities in a manner similar to a formal rule, and was issued without following the rulemaking procedures, it may be deemed an invalid rule. The DEQ’s action of issuing a document that effectively sets a new standard for permit applications, without formal rulemaking, could be challenged as an attempt to create a rule through an improper method. The key legal principle here is that agencies cannot circumvent the rulemaking process, which includes public participation and legislative oversight, by issuing policy statements or guidance documents that have the force and effect of law. Therefore, the DEQ’s guidance document, if it mandates new requirements or interpretations that are binding on the public and were not established through the formal rulemaking process, would be considered an invalid rule.

The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statutes Annotated (W.S.A.) Title 16, Chapter 3, governs the process for adopting, amending, and repealing administrative rules by state agencies. When an agency proposes to amend an existing rule, W.S.A. § 16-3-103 mandates specific procedural steps. This includes providing public notice of the proposed amendment, which must specify the time, place, and manner of the public hearing. Furthermore, the agency must make the proposed rule amendment available for public inspection and comment. W.S.A. § 16-3-103(a) outlines the content of the notice, requiring it to include a statement of the purpose of the proposed rule amendment and the text of the proposed amendment itself, or a clear and concise summary thereof. The statute also specifies that the notice must be published in a manner calculated to give reasonable notice to persons likely to be affected by the rule. Following the public hearing and consideration of comments, the agency may adopt the rule amendment, which then becomes effective as provided by law. The question tests the understanding of the procedural requirements for amending rules under WAPA, focusing on the necessity of public notice and the content of that notice. The core principle is ensuring transparency and providing affected parties an opportunity to participate in the rulemaking process. This aligns with the fundamental tenets of administrative law, emphasizing due process and public engagement in regulatory actions.

The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statute § 16-3-103, outlines the requirements for the publication of administrative rules. This statute mandates that proposed rules, along with a notice of public hearing, must be published at least thirty days prior to the hearing. The publication must occur in a manner that provides reasonable public notice. For Wyoming, this typically involves publication in the official state newspaper and potentially other media outlets depending on the subject matter and the agency’s own policies. The purpose of this extensive notice period is to allow interested parties ample time to review the proposed rule, understand its potential impact, and prepare to offer testimony or written comments during the public hearing. Failure to adhere to this notice period can render a subsequently adopted rule invalid. Other states may have different statutory notice periods or publication methods, but Wyoming law is specific in its thirty-day requirement for proposed rules and public hearings.

The Wyoming Constitution, specifically Article 3, Section 3, outlines the legislative power vested in the Legislature, consisting of a Senate and a House of Representatives. It also establishes the qualifications for legislators, including age, residency, and citizenship. Article 3, Section 4, details the apportionment of representatives based on population, a process that significantly impacts legislative representation. Article 3, Section 24, addresses the process of bill introduction and passage, including the requirement for a bill to be read by title on three separate days in each house, unless dispensed with by a two-thirds vote. This process is fundamental to ensuring transparency and allowing for thorough deliberation. The Governor’s role in signing or vetoing bills is also crucial, as detailed in Article 4, Section 8. A vetoed bill can be overridden by a two-thirds vote in both houses. Understanding these constitutional provisions is paramount for legislative drafters to ensure the legality and procedural correctness of proposed legislation. The question tests the knowledge of the constitutional framework governing legislative action in Wyoming, specifically focusing on the procedural steps for bill passage and the conditions under which those steps can be expedited. The correct answer reflects the specific constitutional requirement for bill readings.

The Wyoming Administrative Procedure Act (Wyo. Stat. Ann. § 16-3-101 et seq.) governs the process by which state agencies in Wyoming adopt, amend, and repeal rules. Specifically, Wyo. Stat. Ann. § 16-3-103 outlines the requirements for rule adoption. This statute mandates that agencies provide public notice of proposed rulemaking, hold public hearings if requested, and file adopted rules with the Secretary of State. The notice must include the text of the proposed rule, the time and place of any hearing, and a statement of the agency’s authority to adopt the rule. The filing requirement ensures that the rules are accessible to the public and become legally effective. Failure to adhere to these procedural requirements can render a rule invalid. Therefore, a legislative bill that seeks to amend an existing Wyoming statute governing environmental quality standards by directly incorporating new, specific pollutant discharge limits without following the rulemaking process outlined in the Wyoming Administrative Procedure Act would be procedurally deficient. Such an approach bypasses the necessary public notice, comment, and hearing stages, which are critical for transparency and stakeholder input in the regulatory process. The correct legislative drafting approach would involve amending the enabling statute to grant the relevant agency the authority to establish these limits through proper rulemaking, or to direct the agency to initiate rulemaking to adopt those specific limits.

Wyoming Statute § 2-1-101 defines an “attorney in fact” as a person authorized to act on behalf of another person. The Uniform Power of Attorney Act, adopted in Wyoming, further clarifies the scope and limitations of such authority. When drafting a power of attorney, a legislative drafter must ensure that the document clearly delineates the principal’s intent and the agent’s powers. A key consideration is the concept of “special” versus “general” powers. A special power of attorney grants authority for a specific, limited purpose or transaction, such as selling a particular piece of real estate. A general power of attorney, conversely, grants broad authority to the agent to act in a wide range of matters, often encompassing financial, legal, and personal affairs. The drafter must precisely define the boundaries to prevent ambiguity and potential disputes. For instance, if a principal wishes to grant their agent the power to manage their investment portfolio, the drafter would need to specify the types of investments the agent can make, any limitations on the amount of capital to be deployed, and any reporting requirements. Failure to do so could lead to the agent exceeding the principal’s wishes or misinterpreting the scope of their authority. Therefore, the most appropriate designation for a document granting authority to manage a broad array of financial and legal affairs, without specifying individual transactions, is a general power of attorney.

Wyoming Statute § 2-1-301 outlines the requirements for a valid will, including that it must be in writing, signed by the testator or by another person in the testator’s presence and by the testator’s direction, and attested to by at least two credible witnesses. These witnesses must sign the will in the presence of the testator. The statute further specifies that any person competent to be a witness may attest a will. A devise or bequest to an attesting witness is void unless there are at least two other competent witnesses to the will. This principle aims to prevent undue influence or fraud by individuals who stand to benefit from the will’s provisions. In the scenario presented, the document was signed by Agnes, the testator, and witnessed by Bartholomew and Clara. Bartholomew is also a beneficiary in the will. Since Bartholomew is a beneficiary and also an attesting witness, his specific devise or bequest within the will becomes void under Wyoming law, provided there are at least two other competent witnesses. In this case, Clara is the other witness, and she is not a beneficiary. Therefore, Bartholomew’s gift is void, but the rest of the will remains valid because it meets the statutory requirements for writing, signature, and the presence of a second, unconflicted witness (Clara).

Wyoming Statute § 2-1-301 addresses the construction of statutes, particularly when ambiguity arises. When a statute’s language is plain and unambiguous, courts are generally bound to enforce it as written, without resort to external aids for interpretation. However, if the language is susceptible to more than one reasonable meaning, or if its application leads to an absurd or clearly unintended result, then extrinsic aids become necessary. These aids can include legislative intent, the history of the enactment, other statutes in pari materia (relating to the same subject), and the consequences of different interpretations. The primary goal is to ascertain and give effect to the legislative will. In the context of drafting, anticipating potential ambiguities and employing clear, precise language is paramount to avoid the need for subsequent judicial interpretation. The principle of avoiding absurd results is a key tenet; if a literal reading leads to an outcome that defies common sense or the evident purpose of the legislation, courts will seek an interpretation that aligns with reason and legislative purpose. This often involves looking at the overall scheme of the law and the public policy it seeks to advance.

The Wyoming Legislature, when drafting bills, must adhere to specific constitutional and statutory requirements to ensure their validity and enforceability. Article III, Section 1 of the Wyoming Constitution establishes the legislative power vested in the Senate and House of Representatives. Article III, Section 13 outlines the process for bill introduction, requiring a bill to be read by title on three separate days in each house. Furthermore, Wyoming Statutes Annotated (W.S.A.) § 28-5-115 mandates that all bills shall be printed and made available to the public prior to final passage. This ensures transparency and allows for public input. When drafting legislation concerning a matter already addressed by federal law, a key consideration for Wyoming drafters is the principle of preemption. Federal law can preempt state law if Congress expresses an intent to occupy the field, if federal regulation is so pervasive that it leaves no room for state law, or if state law conflicts with federal law. In the context of environmental regulations, for instance, the federal Clean Air Act establishes national ambient air quality standards. States are permitted to implement their own programs to achieve these standards, but these programs must be at least as stringent as federal requirements and are subject to EPA approval. A Wyoming bill that attempts to enact environmental standards significantly less stringent than federal mandates, without a clear constitutional basis for doing so or a specific exemption, would likely be found preempted by federal law. This is because the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2) establishes federal law as the supreme law of the land. Therefore, a state law that directly contradicts or undermines federal law in an area where the federal government has the authority to regulate would be invalid. The drafting process must anticipate and account for these potential conflicts to create effective and constitutional legislation.

The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statutes Title 16 Chapter 3, governs the process by which state agencies adopt, amend, and repeal rules. Section 16-3-103 outlines the requirements for rulemaking, including public notice and opportunity for public comment. When an agency proposes a rule that is substantially different from the notice previously published, the WAPA mandates that a new notice and comment period must be initiated. This ensures that the public has a fair opportunity to understand and respond to the actual rule being considered. A substantial difference is generally interpreted to mean a change that alters the fundamental purpose, scope, or effect of the proposed rule as originally presented. For instance, if an initial notice proposed a rule to regulate water quality standards for a specific pollutant, and the final rule significantly broadened the scope to include air quality or introduced entirely new pollutants not previously mentioned, this would likely be considered a substantial alteration requiring a new rulemaking process. This requirement is a cornerstone of administrative law, promoting transparency and accountability in government action.

The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statutes Annotated (W.S.A.) § 16-3-103, outlines the requirements for the promulgation of administrative rules. This section mandates that agencies must provide public notice of proposed rulemaking. This notice must include, among other things, a statement of the purpose of the proposed rule, the text of the proposed rule or an informative summary, and information on how the public can obtain the full text of the proposed rule. Furthermore, W.S.A. § 16-3-103(a) requires that the notice be published in a newspaper of general circulation in the state, or in a manner reasonably calculated to apprise interested persons of the proposed action. The statute also specifies a minimum waiting period after publication of the notice before a rule can be adopted, allowing for public comment. For instance, W.S.A. § 16-3-103(b) states that at least thirty days must elapse between the publication of the notice and the date of the public hearing or the close of the written comment period, whichever is later. Failure to adhere to these procedural requirements can render an adopted rule invalid. Therefore, an agency proposing a rule to modify hunting season regulations must publish a notice that accurately reflects the changes, provides sufficient detail for understanding, and allows for the statutorily mandated public comment period. The question tests the understanding of these foundational procedural requirements for rule promulgation under WAPA, emphasizing the importance of public notice and comment periods as a cornerstone of administrative law in Wyoming.

The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statute § 16-3-103, outlines the requirements for the filing and publication of administrative rules. This statute mandates that all administrative rules adopted by state agencies must be filed with the Secretary of State and published in the Wyoming Administrative Rules. The purpose of this filing and publication is to ensure public notice and accessibility of agency regulations, allowing citizens and regulated entities to be aware of and comply with the law. Without proper filing and publication, a rule generally does not have legal effect, even if the agency followed all other rulemaking procedures. This principle is fundamental to the concept of due process and the rule of law, ensuring that governmental actions are transparent and predictable. The specific process involves the agency submitting the adopted rule, along with a certificate of adoption, to the Secretary of State. The Secretary of State then reviews the rule for compliance with statutory requirements before filing and arranging for its publication. This ensures that the official repository of Wyoming’s administrative law is accurate and up-to-date.

The Wyoming Administrative Procedure Act (WAPA), codified in Title 16, Chapter 3 of the Wyoming Statutes, governs the process by which state agencies adopt, amend, and repeal administrative rules. When an agency proposes to adopt a new rule or amend an existing one, it must follow specific notice and hearing procedures to ensure public participation and transparency. This process is designed to allow interested parties to understand the proposed changes and provide input. Specifically, W.S. § 16-3-103 outlines the requirements for agency rule-making. This section mandates that agencies publish notice of intended action in the Wyoming Official Register at least thirty days before the effective date of the rule, or before a public hearing if one is held. The notice must include the text of the proposed rule or a clear summary, the time, place, and nature of the proceedings, and information on how to obtain further details. Furthermore, W.S. § 16-3-103(a)(iv) requires that the agency provide an opportunity for public comment, which can be submitted in writing or presented orally at a hearing. After considering all timely and relevant comments, the agency may adopt the rule as proposed, modify it, or withdraw it. The final adopted rule must then be filed with the Secretary of State. The scenario presented involves an agency failing to provide the statutorily mandated thirty-day notice before the rule’s effective date. This procedural defect is a violation of W.S. § 16-3-103. Wyoming law, as interpreted through judicial review of administrative actions, generally holds that substantial compliance with procedural requirements is necessary for the validity of administrative rules. A failure to provide the minimum notice period is typically considered a material procedural irregularity that could render the rule invalid or subject to challenge. The purpose of the notice period is to provide adequate opportunity for public input, and its omission undermines this core principle of administrative law.

The Wyoming Constitution, Article 3, Section 20, outlines the process for the introduction and passage of bills. Specifically, it states that no bill shall be considered or become a law unless it has been read by title on three separate days in each house, unless in case of emergency, two-thirds of the house where it is pending shall deem it immediately necessary. This “three readings” rule is a fundamental procedural safeguard designed to ensure thorough deliberation and public awareness of proposed legislation. While the Wyoming Legislature has adopted rules that allow for suspension of the rules to expedite passage, the constitutional provision remains the ultimate authority. The requirement for a bill to be read by title on three separate days is a core element of legislative transparency and due process. It allows members of the legislature and the public to become familiar with the content of a bill before it is voted upon. The exception for emergencies, requiring a two-thirds vote, acknowledges that there may be urgent circumstances where immediate action is necessary, but this is an exception to the general rule. Therefore, a bill must generally undergo this three-day reading process in both the House and the Senate to become law, barring a constitutionally permissible suspension of the rule.

Wyoming Statute § 8-1-101 defines “state” to include the District of Columbia and any territory or possession of the United States. However, when drafting legislation, particularly concerning intergovernmental relations or specific jurisdictional matters, a more precise definition might be required. The question hinges on understanding the scope of “state” as it applies to inter-state compacts or agreements, where a clear delineation of participating entities is paramount. Wyoming’s legislative power is limited to its own borders and its relationship with other sovereign states and the federal government. While the broad definition in § 8-1-101 is generally applicable, specific legislative contexts might necessitate a narrower interpretation. For instance, if a bill were to establish a compact with another state regarding shared natural resources, the intent would be to refer only to the fifty United States and potentially tribal governments with sovereign status, but not necessarily territories or the District of Columbia unless explicitly included in the compact’s terms and ratified by Congress. The core principle is that legislative drafting must reflect the specific intent and the practical application of the law. In the context of Wyoming’s legislative authority, referencing “any state of the United States” is the most accurate and common phrasing when referring to the constituent states of the Union, as it directly aligns with the federal structure and avoids ambiguity regarding non-state entities.

The Wyoming Constitution, specifically Article 3, Section 26, outlines the process for amending the constitution. This process requires a proposed amendment to be agreed to by two-thirds of the members of each house of the legislature. Following legislative approval, the proposed amendment must be submitted to the electors of the state at the next general election. For the amendment to be adopted, it must receive the approval of a majority of the electors voting on the question. This tiered approach ensures significant legislative consensus and broad public endorsement before a constitutional change can be enacted. Therefore, a legislative proposal to amend the Wyoming Constitution requires a supermajority vote in both legislative chambers and a simple majority of the popular vote during a general election.

The core principle being tested is the application of the enrolled bill process in Wyoming, specifically concerning the Governor’s actions after a bill passes both houses of the Wyoming Legislature. Wyoming Statute §28-5-117 outlines the procedure. Once a bill is presented to the Governor, he has a specific timeframe to act. He can sign it, veto it, or allow it to become law without his signature. The statute specifies that if the Governor receives a bill while the legislature is in session, he has three days, excluding Sundays, to act. If he does not sign it and does not veto it, it becomes law without his signature. However, if the legislature adjourns during this period, the Governor has fifteen days, excluding Sundays, to act. If he fails to act within these fifteen days after adjournment and presentation, the bill does not become law. In the scenario presented, the bill was presented to Governor Sterling on April 15th, and the legislature adjourned on April 18th. This means the Governor had fifteen days from April 18th, excluding Sundays, to sign or veto the bill. Counting the days: April 19th (Saturday), 20th (Sunday – excluded), 21st (Monday), 22nd (Tuesday), 23rd (Wednesday), 24th (Thursday), 25th (Friday), 26th (Saturday), 27th (Sunday – excluded), 28th (Monday), 29th (Tuesday), 30th (Wednesday), May 1st (Thursday), May 2nd (Friday), May 3rd (Saturday). The fifteenth day, excluding Sundays, is May 3rd. Since the Governor signed the bill on May 2nd, which is within the fifteen-day period, the bill becomes law. The crucial element is the legislative adjournment triggering the extended review period. The explanation focuses on the statutory timeline and the Governor’s options, demonstrating the procedural requirements for a bill to become law in Wyoming. This process ensures legislative intent is considered even after adjournment, providing a check and balance within the state’s governmental structure. Understanding these timelines and the conditions for a bill becoming law without signature or through veto override is fundamental for legislative drafting.

The Wyoming Administrative Procedure Act (WAPA), codified at Wyoming Statutes Title 16, Chapter 3, governs the process by which state agencies adopt, amend, and repeal administrative rules. Specifically, W.S. § 16-3-103 details the requirements for rule adoption. This section mandates that before adopting a rule, an agency must publish notice of intent to adopt, amend, or repeal a rule in the official state newspaper. The notice must include the text of the proposed rule or a clear summary, the time and place of the hearing, and information on how to obtain a copy of the proposed rule. Furthermore, W.S. § 16-3-103(a) requires that the agency provide an opportunity for public comment, typically through a public hearing. Following the hearing and consideration of public input, the agency must file the adopted rule with the Secretary of State. The filing must include a statement of the agency’s basis and purpose for the rule, along with any written comments received and the agency’s response to those comments. The rule becomes effective on a date specified by the agency, which must be at least thirty days after filing with the Secretary of State, unless a different date is specified. This process ensures transparency and allows for public participation in the development of state regulations.

The Wyoming Constitution, specifically Article 3, Section 2, outlines the legislative power vested in the Senate and House of Representatives. It establishes the bicameral structure of the state legislature. Article 3, Section 4, details the qualifications for legislators, requiring them to be at least twenty-five years old for the Senate and twenty-one for the House, a U.S. citizen, a Wyoming resident for at least one year, and a resident of their district for at least six months. Article 3, Section 6, addresses the legislative session, stating that regular sessions shall commence on the second Tuesday in January of each odd-numbered year and continue for not more than forty consecutive legislative days. Special sessions can be convened by the Governor. Article 3, Section 7, prohibits legislators from holding other civil offices during their term and from being appointed to any civil office created or the emoluments of which were increased during their term. This prohibition aims to prevent conflicts of interest and maintain legislative independence. Therefore, a legislator cannot simultaneously hold a position in the executive branch, such as a department director, nor can they accept a newly created, higher-paying state job while serving in the legislature.

The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statutes Title 16, Chapter 3, governs the process for adopting, amending, and repealing administrative rules in the state. A key element of this process is ensuring public participation and transparency. When an agency proposes a new rule or a significant amendment, WAPA mandates a public notice period. This notice must be published in a manner reasonably calculated to apprise interested persons of the proposed action. Following the notice, a public hearing is typically held, allowing stakeholders to provide testimony and written comments. After the hearing and comment period, the agency must consider all relevant matter presented. The agency then has the discretion to adopt, modify, or withdraw the proposed rule. If adopted, the rule is filed with the Secretary of State and becomes effective as provided by law. The critical aspect for a legislative drafter is understanding the procedural safeguards that must be followed to ensure the validity of the administrative rule. Failure to adhere to these notice and hearing requirements can lead to a rule being challenged and potentially invalidated. The concept of “rule-making authority” is also paramount, as agencies can only promulgate rules that are within the scope of the authority granted to them by the legislature. This means a drafter must be familiar with the enabling statutes that empower an agency to create rules.

Wyoming Statute § 8-1-108 outlines the process for codifying session laws. When a new legislative session concludes, the Secretary of State is responsible for compiling all enacted bills and resolutions. These materials are then submitted to the Legislative Service Office (LSO) for annotation, indexing, and preparation for publication in the official session laws. The LSO’s role is crucial in ensuring the accuracy and accessibility of the state’s statutory framework. This process involves reviewing each enacted bill for its final form, identifying any amendments made during the legislative process, and integrating these changes into the existing Wyoming Statutes or creating new sections as required. The LSO must also ensure that the codification adheres to established drafting conventions and legal principles to maintain consistency and clarity within the law. The final compiled and codified laws are then published, typically in both print and electronic formats, making them readily available to the public, legal professionals, and government agencies. This systematic approach ensures that the laws of Wyoming are systematically organized and reflect the most current legislative enactments.

The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statute § 16-3-103(a), governs the process for adopting, amending, or repealing administrative rules. This statute mandates that before a rule can be adopted, an agency must provide public notice of its intended action. This notice must be published in the Wyoming Official Notice Publication, a state-designated newspaper, at least thirty days prior to the intended adoption date. Furthermore, WAPA requires that the notice include the text of the proposed rule or a clear and concise summary thereof, along with information on how the public can obtain a copy of the full text. The purpose of this extensive notice period and content requirement is to ensure transparency and provide ample opportunity for public comment and input, a cornerstone of administrative law in Wyoming. Failure to adhere to these procedural requirements can render a rule invalid. For example, if an agency in Wyoming were to adopt a new regulation concerning wildlife management without the requisite thirty-day notice published in the Official Notice Publication, that regulation would be procedurally deficient and subject to challenge. The statute also outlines specific requirements for public hearings if requested, further reinforcing the commitment to public participation in the rulemaking process.

The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statute § 16-3-103(a), mandates that proposed rules be published in the Wyoming Official Register at least thirty days before the date of the public hearing. This publication requirement ensures that interested parties have adequate notice and opportunity to review and comment on proposed administrative rules. Failure to adhere to this publication timeline can render the rule invalid. For instance, if a hearing is scheduled for May 15th, the initial publication of the proposed rule must occur no later than April 15th. This thirty-day period is a fundamental aspect of due process in administrative rulemaking, allowing for transparency and public participation. The purpose is to prevent surprise and allow for informed comment from regulated entities, citizens, and advocacy groups. This statutory requirement is a cornerstone of effective and accountable administrative law in Wyoming.

The Wyoming Administrative Procedure Act (WAPA), codified at Wyoming Statutes Title 16, Chapter 3, governs the process by which state agencies adopt, amend, and repeal rules. Specifically, W.S. § 16-3-103 outlines the requirements for rule adoption, including public notice and opportunity for public comment. When a proposed rule is substantially altered after the public comment period, the agency must provide a new notice and a new comment period if the alterations are significant enough to warrant further public input. This requirement ensures transparency and allows interested parties to respond to the revised proposal. A substantial alteration is generally understood to be a change that alters the fundamental purpose or scope of the proposed rule, or that introduces new concepts or requirements not previously considered by the public. Minor or technical changes that clarify or refine the original proposal do not typically trigger this requirement. The intent is to ensure that the public has a meaningful opportunity to comment on the rule as it will ultimately be enacted.

The Wyoming Administrative Procedure Act (WAPA), specifically Wyoming Statutes Title 16, Chapter 3, governs the process for agency rulemaking. Section 16-3-103 outlines the requirements for the adoption of new rules or amendments to existing rules. A critical component of this process is providing public notice. This notice must be published in a manner calculated to inform interested persons of the proposed action. For rules of general applicability, the WAPA mandates publication in a newspaper of general circulation in the state, in addition to filing with the Secretary of State and the Legislative Service Office. The intent is to ensure broad public awareness and opportunity for comment. Failure to adhere to these notice requirements can render a rule invalid. Therefore, when drafting a rule intended for statewide application, the legislative drafter must ensure compliance with the statutory mandates for publication and filing to guarantee the rule’s legal efficacy. This includes specifying the exact publication methods required by W.S. 16-3-103.

The Wyoming Administrative Procedure Act (WAPA), found in Title 16, Chapter 3 of the Wyoming Statutes, governs the process by which state agencies adopt, amend, and repeal administrative rules. Section 16-3-103 outlines the requirements for rule adoption, including the necessity of providing public notice and holding a public hearing. Specifically, W.S. § 16-3-103(a) mandates that prior to the adoption of any rule, the agency must give at least thirty days’ notice of its intended action. This notice must be published in a manner calculated to give interested persons a reasonable opportunity to submit data, views, or arguments. Furthermore, W.S. § 16-3-103(b) requires that if the agency finds that immediate adoption of a rule is necessary for the preservation of the public health, safety, or welfare, and that compliance with the notice requirements of subsection (a) would be contrary to the public interest, the agency may adopt a rule as an emergency rule. However, such emergency rules are effective only for a period of not longer than one hundred twenty days, and their adoption requires a written statement of the specific reasons for the emergency. This provision is designed to allow for swift action in critical situations while still requiring justification and limiting the duration of unreviewed rules. The legislative intent behind these provisions is to ensure transparency, public participation, and due process in the administrative rulemaking process, balancing the need for efficient governance with the protection of individual rights and public interest.

The Wyoming Legislature operates under a bicameral system, meaning it has two chambers: the Senate and the House of Representatives. Bills must pass both chambers in identical form before being presented to the Governor for signature. The process involves multiple readings, committee reviews, and potential amendments in each chamber. If a bill passes one chamber but is amended by the other, a conference committee is typically formed to reconcile the differences. If the conference committee cannot reach an agreement, or if their report is not approved by both chambers, the bill may fail. The Wyoming Constitution outlines the legislative process, and the Rules of the Wyoming Senate and House of Representatives provide specific procedural guidance. For a bill to become law in Wyoming, it must successfully navigate these procedural hurdles in both legislative bodies and receive executive approval. This ensures thorough deliberation and allows for bipartisan input.

Wyoming Statute § 2-1-301 outlines the requirements for a valid will, specifically addressing the number of witnesses. The statute mandates that a will must be signed by the testator and attested to by at least two credible witnesses. These witnesses must sign the will in the presence of the testator. In the scenario presented, the will was signed by the testator, Elias Vance, and then attested to by two witnesses, Clara Bellweather and David Chen. Both witnesses signed the will. The critical element is that they signed in the presence of the testator. Wyoming law does not require witnesses to sign in each other’s presence, only in the testator’s presence. Therefore, the will is validly executed according to Wyoming law, as all statutory requirements for attestation are met. The concept being tested is the specific requirements for witness attestation in Wyoming, focusing on the “presence of the testator” requirement and distinguishing it from other potential, but not legally mandated, witness-signing arrangements. Understanding this nuance is crucial for legislative drafters to ensure that proposed or existing statutes accurately reflect the legal standards for document execution.

The Wyoming Administrative Procedure Act (WAPA), codified in Wyoming Statutes Title 16, Chapter 3, outlines the process for agency rulemaking. Specifically, W.S. § 16-3-103 governs the adoption of administrative rules. This statute requires that before a rule can be adopted, an agency must publish notice of intended agency action in the Wyoming Official Register. This notice must include the text of the proposed rule, the time and place of a public hearing, and a summary of the agency’s reasoning. Following the public hearing, and after considering public comments, the agency may adopt the rule. However, the adopted rule must be filed with the Secretary of State and submitted to the Legislature for review. The Joint Corporations, Elections & Political Subdivisions Committee of the Wyoming Legislature reviews proposed rules. If the committee finds that the rule is not within the scope of the authorizing statute or is inconsistent with legislative intent, it can recommend that the Legislature disapprove the rule. Disapproval by the Legislature, typically through a concurrent resolution, can prevent a rule from taking effect or cause an existing rule to be repealed. Therefore, the legislative review process is a critical step in ensuring that administrative rules align with statutory authority and legislative policy in Wyoming.