Wyo. Code R. 001 | Wyoming Administrative Rules 001 — Governor's Office

117 Good Time Allowance for Inmates of Penitentiary, Honor Farm

Chapter 0 Good Time Allowances for Inmates and Parolees of the Wyoming Department of Corrections

Wyo. Code R. 001.0001.0.07012020 § 1 Authority

(a) Pursuant to W.S. 7-13-420, "The governor, after consultation with the board and the department, shall adopt rules and regulations to establish a system of good time and special good time allowances for inmates of and parolees from any state penal institution, any institution which houses Wyoming inmates pursuant to W.S. 7-3-401 or any other correctional facility operated pursuant to a contract with the state under W.S. 7-22-102 or inmates or parolees transferred to a community correctional facility pursuant to W.S. 7-18-109 or 7-18-115. The rules may provide for either good time to be deducted from the maximum sentence or for good time to be deducted from the minimum sentence imposed by the court, or both, and may provide for the removal of previously earned good time allowances and the withholding of future good time allowances."

(b) "The rules and regulations adopted by the governor as provided by this section shall be filed in the office of the secretary of state but shall at all times be considered rules relating to the internal management of state penal institutions and not affecting private rights of inmates. The granting, refusal to grant, withholding or restoration of good time or special good time allowances to inmates shall be a matter of grace and not that of right of inmates."

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 2 Definitions

(a) "Board" means the Wyoming Board of Parole.

(b) "Director" means the director of the WDOC.

(c) "Especially proper and helpful attitude, and exemplary conduct and behavior" includes but is not limited to outstanding adherence to the rules of the institution and compliance with directions or recommendations regarding work assignments or vocational, educational, rehabilitative or treatment programs, and a marked demonstration of pro-social behavior in the prison setting.

(d) "Evidentiary hearing" includes hearings pursuant to the WDOC Code of Inmate Discipline, Board revocation hearings, county jail hearings, WDOC jail and ACC sanction hearings, judicial civil or criminal hearings or trials or other hearings providing at least the minimal procedural steps required for removal of previously earned good time or withholding of good time towards credit for time served in county jail including, but not limited to, prior notice of the hearing and of the allegations, opportunity to hear and present evidence in person and to confront witnesses and a decision by an impartial decision maker. Hearings conducted by the Board and WDOC are exempt from the hearing and appeal procedures established in the Wyoming Administrative Procedure Act.

(e) "Good time allowance" is a reduction of the minimum and maximum sentence of an inmate in the amount of up to fifteen (15) days per month for each month served on a sentence as an inmate, to include the inmate's credit for jail time served in accordance with the inmate's Judgment and Sentence and any time served in the county jail from the date of sentence until transfer to a WDOC facility. Good time may be awarded at the discretion of the Warden based on an inmate's proper and helpful attitude, conduct and behavior. An inmate serving a life sentence or a sentence of death is not eligible for good time allowances. The granting of good time is a matter of grace and not that of a right of inmates.

(f) "Inmate" means an individual who is serving a sentence of incarceration committing him/her to the custody of the WDOC, who has not been released to probation or parole, and who is housed in a facility which is operated for the purpose of housing convicted criminals.

(g) "Parole good time allowance" is a reduction of the maximum sentence of a parolee in the amount of up to twenty (20) days per month for each month served on parole. Parole good time may be awarded at the discretion of the Board based on a parolee's compliance with the conditions of parole. The granting of parole good time is a matter of grace and not that of a right of parolees.

(h) "Parolee" means an individual who is on parole status pursuant to an order of the Board.

(i) "Proper and helpful attitude, conduct and behavior" includes, but is not limited to, adherence to an individualized case plan, participation in work, education, vocational programs, job training, treatment or rehabilitative programs as recommended by WDOC, the Board or the sentencing court and adherence to the rules of the institution.

(j) "Special good time allowance" is a reduction of the minimum sentence of an inmate in addition to the monthly good time allowance authorized herein. Special good time may be awarded at the discretion of the Board within limits set forth herein based on an inmate's especially proper and helpful attitude and exemplary conduct and behavior. The granting of special good time is a matter of grace and not that of a right of inmates.

(k) "Warden" means the chief administrator of a WDOC correctional facility.

(l) "WDOC" means the Wyoming Department of Corrections.

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 3 Award of Good Time

(a) If the inmate has the proper and helpful attitude, conduct and behavior in an institution, to include time served in county jails in accordance with the Judgment and Sentence and from date of sentence until transfer to a WDOC facility, the Warden may award good time for each month served, which will reduce the minimum and/or maximum sentence to be served.

(b) Good time may be awarded to an inmate not to exceed fifteen (15) days per month for each month served of his or her minimum and/or maximum sentence.

(c) When an inmate enters a WDOC institution, a projected discharge date will be calculated based upon the full potential good time award, including any good time credit for time served in the county jail, on the maximum sentence. Such calculation does not constitute an award of or entitlement to good time but is merely for administrative purposes. This date can never be earlier than the date on which the minimum sentence will terminate.

(d) When an inmate enters a WDOC institution, a projected parole eligibility date will be calculated based upon the full potential good time allowance, including any good time credit for time served in the county jail, off the minimum sentence. Such calculation does not constitute an award of or entitlement to good time but is merely for administrative purposes.

(e) WDOC must consult with the county sheriff to determine whether good time should be awarded to an inmate or parolee before awarding good time for credit for time served in the county jail.

(f) Upon request by the Board, or upon WDOC's own determination, WDOC shall conduct a mutli-disciplinary team meeting to determine if a change in circumstances warrants the award of good time for time spent in county that was previously withheld. The recommendation shall be presented to the Warden for a determination if the award should be granted. The final determination is not subject to appeal and this subsection does not create a right for an inmate or parolee to request such a determination.

(g) Any parolee or inmate who has exceeded his/her minimum sentence on July 1, 2020, will receive a projected discharge date on the maximum sentence only. The projected discharge date shall be calculated based upon potential good time awarded as a WDOC inmate and the good time awarded for credit for time served in the county jail in accordance with the Judgment and Sentence along with any time served in the county jail from the date of sentence until transfer to the WDOC facility.

(h) Good time awarded for time served in county jail, which includes credit for time served in accordance with the Judgment and Sentence and from date of sentence until transfer to a WDOC facility, shall not apply to sentences discharged before July 1, 2020, but shall apply to current sentence(s) and to any subsequent sentence for which the trial court ordered jail time to be credited.

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 4 Award of Special Good Time

(a) The Board may award up to one month of special good time off the minimum sentence for every year in length of the minimum sentence, up to a maximum reduction of one year, in addition to the monthly good time allowance authorized herein. The Board may award special good time in any of the following circumstances:

(i) It will assist the inmate in attending a program needed for rehabilitation, mental or medical treatment;

(ii) It will prevent an inmate from returning to general population upon completion of ITU/TC;

(iii) It will expedite an Immigration and Customs Enforcement detainer for deportation only;

(iv) It will expedite a felony detainer from another jurisdiction with a term of imprisonment equal to or greater than their current sentence;

(v) It will assist in further education;

(vi) It will assist in transition back to the community; or

(vii) An inmate has demonstrated an especially proper and helpful attitude and exemplary conduct and behavior.

(b) The Board may award up to one year of special good time, regardless of length of the minimum sentence, to an inmate with the requisite attitude, conduct and behavior, only for the purpose of paroling him to an Adult Community Corrections program, the Intensive Supervision Program, a Court Supervised Treatment Program or other established community treatment program or to another state when the inmate would not otherwise have sufficient time left on the maximum sentence by the time of parole eligibility for such a parole. Awards under this paragraph shall not exceed the amount reasonably necessary to effect a parole to the identified program or another state.

(c) Special good time may be awarded more than one time on the current sentence, but shall not exceed the limits set forth in paragraphs (a) and (b) above.

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 5 Removal and Withholding of Good Time and Special Good Time

(a) Any good time allowance which has already been awarded may be removed by the WDOC or the Board from an inmate who has not demonstrated a proper and helpful attitude, conduct and behavior, except that good time and special good time may not be removed from the minimum sentence after it has been served. Additionally, the WDOC or the Board may prohibit the earning of future good time by an inmate on the above grounds. The WDOC's or the Board's decision is final and not subject to appeal. Good time awarded for time served while in county jail shall be treated identically to good time earned or awarded while in a WDOC facility and shall be subject to future removal.

(b) Future earnings of good time may be withheld at the discretion of WDOC, after the inmate has been afforded an evidentiary hearing. The decision by the Warden to withhold good time shall be final and not subject to appeal.

(c) The procedure to be used by the WDOC for the removal of good time which has been awarded shall include a recommendation made by the Warden, after the inmate has been afforded the opportunity for an evidentiary hearing and the grounds have been established. The inmate shall be notified in writing of the recommendation and advised that he or she may submit written objections to the recommendation within ten (10) days of the date the notification is written. Such objections shall be directed to the Director. The Director will review the recommendation for removal of good time and objection, if any, together with the written summary and determination from the institutional file of the inmate, and may, in his/her discretion, receive evidence from the inmate and others. Based on this information, the Director shall determine whether to remove good time allowances already awarded and the extent thereof, and the inmate shall be notified in writing of such determination, which shall be final and not subject to appeal.

(d) The Board may, of its own accord and without the recommendation of the WDOC, determine whether to remove good time and/or special good time already granted, and/or to prohibit the earning of future good time and/or special good time allowances of an inmate who has not demonstrated a proper and helpful attitude, conduct and behavior. The inmate shall be notified in writing, telephonically or in person of the Board's intent. If notice is given in person or telephonically, the Board shall offer the inmate an opportunity to voice his/her objection(s), if any, or may table its decision to allow the inmate to submit his/her objections in writing. If written notice is given, the inmate will be given the opportunity to submit objections in writing. Written objection(s) shall be submitted to the Board within ten (10) days of notice. If the grounds for removal of good time and/or special good time already awarded and/or withholding of future earnings have not previously been determined through an evidentiary hearing, the Board shall afford the inmate an evidentiary hearing before the Board members or a hearing officer prior to the Board's final decision. The Board's determination shall be final and is not subject to appeal.

(e) The WDOC's procedure to withhold good time awarded for the credit for time served in the county jail, in accordance to the Judgement and Sentence, shall include a review of the records and other communications received from the respective county jail where the inmate was housed. The records shall include documentation of any evidentiary hearing that took place, provided that the WDOC shall consider all records and communications provided, regardless of whether an evidentiary hearing occurred or any infirmities in the evidentiary hearing process which may exist. The Warden at the respective intake facility shall determine if good time shall be awarded based off of the records and communications received. The Warden's decision to award or withhold this good time shall not be subject to appeal. The Board, in its discretion, may remove such good time. If the county jail fails to provide such records or communications to the requesting facility, the facility will award good time. WDOC shall ensure it has done their due diligence in obtaining records.

(f) Inmates whose behavior warranted the removal and withholding of all good time by the Board of Parole prior to July 1, 2020, shall not receive an initial award of good time for time served in the county jail.

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 6 Restoration of Good Time and/or Special Good Time Allowance

The matter of restoration of inmates' good time or special good time allowances shall be considered by the Board when recommended by the Warden with the approval of the Director or may be considered by the Board in its discretion at any time without the recommendation of the WDOC. Good time awarded for the credit served in county jail that is removed shall be subject to restoration by the Board.

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 7 Maximum Sentence

In no instance may good time allowances cause the maximum sentence to be less than the minimum sentence. No inmate may be released from incarceration until the minimum term of his/her sentence, reduced by any good time or special good time allowances, has been served.

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 8 Award of Parole Good Time

(a) If a parolee complies with the conditions of parole, the Board may award parole good time for each month served on parole.

(b) Parole good time may be awarded to a parolee in an amount not to exceed twenty (20) days per month for each month served on parole, which awards shall reduce the maximum sentence of the parolee.

(c) When an inmate transitions to parole status, the WDOC shall calculate a projected parole discharge date based on good time previously awarded and the full potential parole good time award on the maximum sentence. Such calculation does not constitute an award of or entitlement to good time but is merely for administrative purposes.

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 9 Removal and Withholding of Parole Good Time

(a) Any parole good time allowance which has already been awarded may be removed by the Board from a parolee who has not complied with the conditions of parole. Additionally, the Board may withhold future awards of parole good time to a parolee who has not complied with the conditions of parole. The Board's decision is final and not subject to appeal.

(b) A decision by the Board to remove previously awarded parole good time may only be made if the parolee has been afforded the opportunity for an evidentiary hearing and guilt of the alleged violation(s) has been established.

(c) A decision to withhold future awards of parole good time may be made at the discretion of the Board without an evidentiary hearing based on information that the parolee has not complied with the conditions of parole.

(d) The parolee and the WDOC shall be informed in writing of the Board's decision to remove or withhold parole good time, and the WDOC shall recalculate the parolee's projected discharge date accordingly.

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 10 Restoration of Parole Good Time

The Board may restore parole good time which has been removed or withheld.

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 11 Implementation of These Rules

The WDOC and the Board shall adopt policies and procedures to implement these rules. Such policies and procedures are exempt from the rulemaking requirements of the Wyoming Administrative Procedures Act.

History

Effective 2020-07-01

Wyo. Code R. 001.0001.0.07012020 § 12 Grandfather Clause

These Rules, and conforming WDOC and Board policies and procedures, shall apply to all inmates except for those under court order to the contrary. The good time, special good time and parole good time allowances contained within these Rules shall not apply until the effective date of these Rules. Good time which has been awarded off an inmate's minimum sentence prior to July 1, 2010 may not be removed.

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History

Effective 2020-07-01

122 Homeland Security - Emergency Response Equipment Fee Rules

Chapter 1 General Provisions

Wyo. Code R. 001.0006.1.02032014 General Provisions

Chapter 1

GENERAL PROVISIONS

Section 1. Authority.

(a) These rules are written in accordance with the authority provided in Wyo. Stat. § 35-9-157(c)(iii).

Section 2. Definitions.

(a) These rules shall be known and cited as the "Wyoming Emergency Response Equipment Fee Rules."

(b) The definitions in Wyo. Stat. § 35-9-152(a) apply to these rules.

Section 3. Equipment Fees.

(a) The reasonable fees for eligible equipment use under Wyo. Stat. Ann. § 35-9-157(c), shall be reimbursed in accordance with the Federal Emergency Management Agency (FEMA) Schedule of Equipment Rates, published September 15, 2010, and 44 CFR 206.228(a)(1)(iii), revised November 9, 2012. The FEMA Schedule of Equipment Rates is incorporated herein by this reference, but shall not include any later amendments to or editions of the FEMA Schedule of Equipment Rates published after September 15, 2010, nor any later amendments to or editions of 44 CFR 206.228(a)(1)(iii) issued after November 9, 2012.

(b) The FEMA Schedule of Equipment Rates, published September 15, 2010, can be accessed at, and download from, the Wyoming Office of Homeland Security's website: http://wyohomelandsecurity.state.wy.us/Library/eqsch.pdf.

(c) The reasonable fees for eligible equipment use under Wyo. Stat. Ann. § 35-9-157(c) not listed in the FEMA Schedule of Equipment Rates referenced in part (a) of this section, shall be reimbursed at the actual, document cost of use including costs attributed to depreciation, overhead, maintenance, field repairs, fuel, tires and other costs incident to operation of the equipment.

(d) Labor costs of equipment operators are not included in the rates established under this section.

Section 4. Effective date.

(a) These rules are effective when all required approvals have been granted as required by Wyo. Stat. 16-3-101 through 16-3-115.

History

Effective 2014-02-03

121 Homeland Security - General

Chapter 1 General Provisions

Wyo. Code R. 001.0005.1.09262014 General Provisions

Wyoming Office of Homeland Security Wyoming Emergency Response Rules

Chapter 1

Section 1. GENERAL PROVISIONS

(a) Authority.

(a) These rules are written in accordance with the authority provided in Wyo. Stat. §35-9-155(d)(i) and pursuant to the requirements of the Wyoming Administrative Procedure Act, Wyo. Stat. §16-3-101 et Seq.

(b) Definitions.

(a) These rules shall be known and cited as the "Wyoming Emergency Response Rules."

(b) The definitions in Wyo. Stat. § 35-9-152(a) apply to these rules.

(I) "Director" means the administrative head of the Wyoming Office of Homeland Security as defined in Wyo. Stat. § 19-13-102(a)(v).

(II) "Administrator" means the person appointed in writing by the Director to be in charge of each regional emergency response team as defined in Wyo. Stat. § 35-9-152(a)(viii).

(III) "Advisory Member" means an emergency responder assigned to a regional emergency response team to provide the Administrator with professional guidance and/or technical expertise regarding hazardous material or weapons of mass destruction matters.

(a) These rules are effective when all required approvals have been granted as required by Wyo.Stat. § 35-9-155(d) and the Wyoming Administrative Procedure Act, Wyo. Stat. §§ 16-3-101 through 16-3-115.

Section 2. STANDARDS FOR REGIONAL EMERGENCY RESPONSE TEAMS

(a) Personnel standards.

(i) Each emergency responder assigned to a regional emergency response team shall satisfy the following minimum standards:

a. Written documentation in compliance with Wyo. Stat. Ann. § 19-13-114.

b. Written authorization for the Director to conduct background inquiries to confirm the suitability and trustworthiness of the applicant pursuant to Wyo. Stat. Ann. § 35-9-152(a)(viii).

c. Submission of fingerprinting pursuant to Wyo. Stat §§7-19-106(a)(xiv) and 7-19-201(e).

d. Written documentation of compliance with all basic requirements of his or her position on the regional response team:

i. State Law enforcement personnel must be certified in accordance with the Peace Officer's Standards and Training Commission Rules promulgated pursuant to Wyo. Stat. Ann. §§ 9-1-701 through 9-1-.

ii. Emergency medical personnel must be certified in accordance with the Department of Health's Emergency Medical Services Rules promulgated pursuant to Wyo.Stat. Ann. §.

iii. Fire fighting personnel must be certified as Firefighter I in accordance with the procedures set forth by the State Fire Marshal and the Department of Fire Prevention and Electrical Safety in the Wyoming Fire Fighters Voluntary Certification Rules established pursuant to Wyo. Stat. Ann. § 35-9-107(a)(iii)(E).

iv. Hazardous material responders must be certified in hazardous material emergency response, as required by the National Fire Protection Association 472 at either the First Responder Awareness level, the First Responder Operations level, or the Hazardous Materials Technician level. These certifications shall be obtained and maintained through the Wyoming Firefighter's Certificate Program which is administered by the Wyoming State Fire Marshal's Office.

v. Hazardous device technicians must meet the hazardous devices school requirements and meet the standards of a Bomb Technician Certification as defined by the National Bomb Squad Commander's Advisory Board.

e. Each responder shall also maintain his or her certification and attend a minimum of eight (8) hours of training annually in hazardous materials or weapons of mass destruction emergency response. Training may include training obtained in satisfaction of continuing education requirements for his or her professional certification. Training may include participation in table top simulations and field exercises involving hazardous materials or weapons of mass destruction emergency response.

f. Emergency responders shall maintain compliance with the following drug and alcohol standards. Non-compliance with these standards shall be cause for disqualification or immediate removal from the regional emergency response team at the discretion of the Administrator or Director.

i. When performing as a member of the hazardous material and weapons of mass destruction responder, no responder shall be under the influence of any alcoholic beverage or other substances that would impair his ability to perform his duties.

ii. Emergency responders may not have any arrest or conviction for any drug or alcohol related offenses within the previous five (5) years of becoming a member of the regional emergency response team.

iii. If the Administrator or his designee has cause to believe that a member is violating or has violated this provision, the Administrator or his designee may require the member to submit to drug or alcohol testing.

(ii) Upon written approval of the Director, Advisory Members assigned to regional emergency response teams may be exempt from satisfying the requirements of Section.

(b) Reporting Standards.

(i) Each Administrator shall provide the Director the detailed organization chart of his or her regional emergency response team by submitting the same on the form provided by the Wyoming Office of Homeland Security. Each Administrator shall also provide the Director the information specified in Section 2(a)(i) for each emergency responder assigned to his or her regional emergency response team by submitting the same on the form provided by the Wyoming Office of Homeland Security. Each shall be submitted within 30 days of the Administrator appointment and annually thereafter by January 15 of each year.

(i) The Wyoming Office of Homeland Security will maintain a centralized data base of all hazardous material emergency response training required in Chapter of these rules. This data base shall provide a system of confirmation that ensures each emergency responder has satisfied the hazardous materials or weapons of mass destruction training for the position to which he or she is assigned in the regional emergency response team.

Section 3. LOCAL AND REGIONAL HAZARDOUS MATERIALS OR WEAPONS OF MASS DESTRUCTION INCIDENT RESPONSE REPORTING

(a) Local and regional hazardous materials and weapons of mass destruction incident reporting.

(i) Local emergency response authorities and regional response administrators shall submit final After Action Report (AAR) within thirty (30) days of the incident end date as specified in Wyo.Stat. Ann. § 35-9-155(d)(i)(C). The report shall be on a form provided by the Wyoming Office of Homeland Security for any hazardous materials or weapons of mass destruction incidents not exempt under Wyo. Stat. Ann. § 35-9-159(b). A local emergency response authority or regional administrator may request the Director to authorize an extension for submitting the final AAR.

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History

Effective 2014-09-26

Chapter 5 Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 001.0005.5.04072017 § 1 Authority

The Wyoming Office of Homeland Security is required under W.S. 16-3-103(j)(ii) to adopt the Department of Administration and Information's uniform rules pertaining to procedures, fees, costs, and charges for inspecting, copying, and producing public records.

History

Effective 2017-04-07

Wyo. Code R. 001.0005.5.04072017 § 2 Adoption of Uniform Rules

The Wyoming Office of Homeland Security hereby incorporates by reference the following uniform rules:

(a) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https://rules.wyo.gov.

(i) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(ii) The incorporated rules are maintained at the Wyoming Office of Homeland Security office and are available for public inspection and copying at the same location.

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History

Effective 2017-04-07

120 Homeland Security - Public Safety Communications Commission, Wyoming

Chapter 1 General Provisions

Wyo. Code R. 001.0004.1.12292006 General Provisions

Wyoming Public Safety Communications Commission

Rules and Regulations

Chapter 1

GENERAL PROVISIONS

Section 1. - Authority

(a) These rules are written in accordance with the authority provided in Wyoming Statute §9-2-1104(a)(v) and pursuant to the requirements of the Wyoming Administrative Procedure Act, Wyoming Statute §16-3-101 et seq.

Section 2 - Purpose

(a) The purpose of the Wyoming Public Safety Communications Commission is:

(i) Promote the development, improvement and efficiency of public safety communications systems in the state.

(ii) Promulgate necessary rules and establish policies and procedures to govern the operation, participation, and user fees of the WyoLink system.

(iii) Determine the participation requirements of public safety agencies and private entities in the wireless communications network.

Section 3. - Definitions

(a) These rules shall be known as the "Wyoming Public Safety Radio Communications Rules."

(b) "Administrator" means the State of Wyoming employee that is tasked with the operation and management of the WyoLink system.

(d) "Director" means the Wyoming Public Safety Communications Commission Executive Director.

(e) "WyoLink" means Wyoming's Public Safety Radio Communications System.

History

Effective 2006-12-29

Chapter 2 Administrative Procedures

Wyo. Code R. 001.0004.2.12292006 Administrative Procedures

Wyoming Public Safety Communications Commission

Rules and Regulations

Chapter 2

ADMINISTRATIVE PROCEDURES

Section 1 – Policies and Procedures

(a) The Commission shall establish polices and procedures to provide administrative guidance and control over the management and operation of WyoLink and other State of Wyoming owned statewide radio communications system(s) used by participating agencies.

Section 2 – Participation Determination

(a) Agencies shall be allowed to participate on WyoLink upon completion of an application form supplied by the Commission and agreeing to follow and comply with all policies and procedures of the Commission.

Section 3 – Rules and Regulations of the Federal Communications Commission

(a) Citation to applicable federal law or regulation:

47 CFR 90 establishes the rules and regulations for the Federal Communications Commission, Part 90 Private Land Mobile Radio Services. The provisions of these rules and regulations govern WyoLink.

(b) The Federal Communications Commission Rules and Regulations may be viewed and downloaded from the Government Printing Office (GPO) website: http://www.access.gpo.gov/nara/cfr/waisidx_05/47cfr90_05.html

Section 4 – Rules and Regulations of the National Telecommunications and Information Administration

Section 305(a) of the Communications Act of 1934 provides for the regulation of interstate and foreign commerce in communications by wire or radio. The provisions of these rules and regulations govern federal radio frequency participation in WyoLink.

(a) The National Telecommunications and Information Administration Manual of Regulations and Procedures For Federal Frequency Management may be viewed and downloaded from the National Telecommunications and Information Administration website: http://www.ntia.doc.gov/osmhome/redbook/redbook.html

Section 5 – Fees

(a) Pursuant to Wyoming Statute § 9-2-1104(a)(iv) the commission shall review the operational and maintenance requirements and expenditures to determine fees, if any, for the fiscal year starting on July 1 and ending on June 30 of the following year at the first meeting of the commission after March 1 of each year.

History

Effective 2006-12-29

Chapter 3 Appeal Procedures

Wyo. Code R. 001.0004.3.12292006 Appeal Procedures

Wyoming Public Safety Communications Commission

Rules and Regulations

Chapter 3

APPEAL PROCEDURES

Section 1 – Purpose

(a) These rules are established to provide a fair and efficient method for the commission to hear appeals of a determination of suspension or revocation of a participating agency's operating privileges for the non-compliance of the policies and procedures governing WyoLink system operation and participation.

Section 2 – Commencement of Action

(a) After continued or repeated non-compliance of the policies and procedures governing WyoLink system operation and participation by a participating agency the Commission Executive Director shall issue a final determination canceling the agency's participation from the WyoLink system. The agency's participation in the WyoLink system shall become effective on the 31st day after the final determination is issued.

(b) Any affected agency may request an appeal hearing on the Director's final determination canceling the agency's participation from the WyoLink system. Such requests for an appeal hearing shall be filed in writing with the Director within thirty (30) days of issuance of the final determination. If a request for an appeal hearing of the Director's final determination is filed within thirty (30) days of issuance, the effect of the final determination shall be stayed while the matter is before the Commission.

(i) Name and address of applicant;

(ii) Telephone contact number for applicant;

(iii) Name of attorney or person who will be representing applicant on the appeal before the Commission;

(iv) A brief description of the issues to be heard at the appeal hearing;

(v) Any relevant materials the applicant wishes to submit which will be presented at the appeal hearing.

(d) Five (5) copies, including supporting materials, of the appeal request must be submitted to the Director.

(e) Within ten (10) days of receiving request for an appeal hearing, the Director shall provide written notice of the request to all involved parties and set a date for an appeal hearing by the Commission within forty five (45) days.

(f) An appeal hearing request, along with the materials submitted with it, shall be presented to the Commission. The party requesting the appeal hearing may appear in person at the meeting and give oral testimony in support of their position regarding the appeal.

(g) The executive director shall present exhibits, testimony and/or evidence to the commission which explains the executive director's position on the issue or demonstrates the basis for the determination that has been appealed to the commission.

Section 3 – Decision

(a) The Commission, after a hearing on the matter, shall make a decision regarding the dispute within sixty (60) days and transmit an order to all parties involved.

(b) The action called for shall be implemented in accordance with the order.

(c) Copies of the order will be mailed to affected parties, the Commission Executive Director and the administrator of the WyoLink system.

History

Effective 2006-12-29

123 Homeland Security - Wyoming Search and Rescue Council

Chapter 1 General Provisions

Wyo. Code R. 001.0007.1.08072020 § 1 General Provisions

(a) Authority.

(i) These rules are written in accordance with the authority provided in Wyo.Stat. Ann. § 19-13-303(d) and pursuant to the requirements of the Wyoming Administrative Procedure Act, Wyo. Stat. Ann. § 16-3-101 through 16-3-115

(b) Definitions.

(i) These rules shall be known and cited as the "Wyoming Search and Rescue Council and Fund Rules."

(ii) "Search and rescue" means the employment, coordination and utilization of available resources and personnel in relieving distress, preserving life and removing survivors from the site of a disaster, emergency or hazard to safety in case of lost, stranded, entrapped or injured persons.

(iii) "Wyoming Search and Rescue Account" means voluntary donations collected in accordance with Wyo. Stat. Ann. § 23-2-101, § 23-2-201, § 31-2-404, § 41-13-109 and § 41-13-110 and transferred to the Wyoming Office of Homeland Security (WOHS); also referred to as the "Wyoming Search and Rescue Fund".

(iv) "Wyoming Search and Rescue Council" means the eleven (11) member board appointed by the Governor in accordance with Wyo. Stat. Ann. § 19-13-303 and responsible for the oversight of the Wyoming Search and Rescue account.

(v) "Wyoming Office of Homeland Security" or "WOHS" means the state agency responsible for the administration of the search and rescue account and the activities of the Search and Rescue Council.

(vi) "Executive secretary" means the director of the Wyoming Office of Homeland Security or his designee.

(vii) "Meeting chairman" means member of Council acting as presiding officer of the meeting.

(viii) "Search and rescue training programs" means training to enhance the abilities of search and rescue personnel throughout Wyoming.

(ix) "Statewide search and rescue overhead teams" means teams trained in incident command systems, command post operations, search management and direct searches in the field.

(x) "Search and rescue equipment" means equipment available for use statewide for the purpose of supporting search and rescue operations in Wyoming.

(i) These rules are effective when all required approvals have been granted as required by Wyo. Stat. Ann. § 16-3-101 through 16-3-115.

History

Effective 2020-08-07

Wyo. Code R. 001.0007.1.08072020 § 2 Search and Rescue Council

(a) Council Membership.

(i) The goal of the Wyoming Search and Rescue Council is to assist Wyoming sheriffs, who are mandated by Wyo. Stat. Ann. § 18-3-609(iii) to conduct search and rescue operations, by fostering quality search and rescue resources throughout the state and providing reimbursement for eligible expenses from the Wyoming Search and Rescue account.

(ii) The Wyoming Search and Rescue Council consists of eleven members, as defined by Wyo. Stat. Ann. § 19-13-303(a) and (b).

(b) Council Votes and Official Actions.

(i) A simple majority of the membership shall constitute a quorum and shall be required for any official vote on Council action.

(ii) Council member shall not make an official decision or vote on an official decision if the member has a personal or private interest in the matter. Council member shall abstain from voting on the decision and from making any official decision in the matter. The member's abstention from voting must be recorded in the Council's official records.

(iii) The Council Executive Secretary or his WOHS designee shall maintain official council documentation and records.

(iv) The Council may establish and abolish ad hoc and/or standing committees to oversee special projects or charters as deemed necessary. Any action taken by the Council, based on a committee recommendation, must first receive majority endorsement of the full membership of the Council.

(v) Policies and procedures to define the responsibilities of the Wyoming Search and Rescue Council and procedures for fund administration may be established by WOHS and approved by the Council.

History

Effective 2020-08-07

Wyo. Code R. 001.0007.1.08072020 § 3 Account Uses

(a) Search and rescue account uses.

(i) WOHS serves as the account manager and operates using the guidance from the Wyoming Search and Rescue Council and Wyo. Stat. Ann. § 19-13-301.WOHS may establish accounting and purchasing procedures for fund administration.

(ii) The Council shall use the account for the purposes as defined by Wyo. Stat.Ann. § 19-13-301(b), (c)(i) through (iv).

(iii) Expenditures for non-operational expenses as defined by Wyo. Stat. Ann. §19-13-301(c)(i) through (iv) may be given consideration in any order and amount based on the budget and priorities established by the Council each year, provided sufficient funds are in the account.

(iv) In compliance with Wyo. Stat. Ann. §19-13-301(b), the Wyoming Search and Rescue Council shall give funding priority to approved search and rescue operations. To this end, the Council may establish an account minimum balance. When the fund falls below the minimum balance funds may only be expended on a cost-by-cost basis as approved by the Council. The Council must provide justification for the dollar amount established.

(v) The account shall not be used to reimburse counties for any salary or benefits normally paid to its employees.

(b) Operational claims reimbursement.

(i) Operational claims may include direct costs incurred in the conduct of search and rescue missions statewide.

(ii) Participation in the fund is voluntary. Any sheriff's office in Wyoming may make a claim for reimbursement for costs directly incurred from search and rescue operational activities.

(iii) The claim period for operational claims is established by the Council.

(iv) Only one claim package per county shall be submitted from a sheriff's office per each claim period for operational claims.

(A) Donations, insurance proceeds, credits, reimbursements received from other sources, etc., shall be deducted from claims.

(B) Claims for personal property damage directly related to specific search and rescue operation will be considered on a case-by-case basis. No reimbursement will be made for normal wear and tear, routine maintenance, negligence, etc.

(v) There shall be no prepayment for budget shortfalls. Responsibilities for the search and rescue program in Wyoming rest with sheriffs and remain a county issue.

(vi) Payment of search and rescue costs by the county does not guarantee reimbursement by the Council. Fiscal jurisprudence must be evident for each expense claimed.

(vii) The fund is not intended to reimburse all search and rescue mission expenses incurred by a county.

(viii) Reimbursement claims approved by the Council shall bear the signatures of the meeting Chairman and the Executive Secretary prior to payment.

(ix) The Council reserves the right to prorate approved claims when there are insufficient funds or when full reimbursement would cause undue depletion of the fund.

(i) Operational costs not reimbursable by the fund include:

(A) Costs not directly incurred in the performance of search and rescue mission activities.

(B) Costs incurred before or after missions and not directly related to the mission activities.

(C) A mission for body recovery is not eligible under the Wyoming Search and Rescue Fund; however, when a search and rescue results in the recovery of a body and goes beyond the technical expertise and the duty of the coroner's office, the body recovery may then be considered for reimbursement. Each such instance will be considered on a case-by- case basis and must be documented to the satisfaction of the Council.

(D) Costs of missions to recover property.

(E) Costs of missions specifically for law enforcement purposes, such as searches for escaped prisoners, fleeing suspects, evidence gathering, etc.

(ii) The above listing is not exhaustive. The Council reserves the right to refuse any expense it determines does not meet the spirit and/or intent of the legislation.

(d) Non-operational claims reimbursement.

(i) Non-operational claims are costs incurred for search and rescue program purposes to include fund administration; council meeting expenses such as travel, meals, and lodging; public education and fund marketing; statewide training programs; equipment acquisition for statewide use; development of search and rescue overhead teams.

(ii) The claim period for non-operational claims is established by the Council.

(iii) Only one claim package per county shall be submitted annually from the sheriff's office.

(iv) Council-sponsored and county requests for reimbursement of training and equipment for search and rescue, if paid by the fund, will be considered as statewide- use assets.

(v) The Council reserves the right to refuse any non-operational expenses it determines does not meet the spirit and/or intent of the legislation.

(e) Search and rescue training.

(i) The Wyoming Office of Homeland Security and the Wyoming Search and Rescue Council do not guarantee the expertise of any search and rescue personnel utilized in the conduct of search and rescue operations in Wyoming. However, the training of search and rescue personnel throughout Wyoming to enhance their abilities as search and rescue responders is encouraged and supported.

(ii) In accordance with Section 3 (a)iii the Council does not guarantee the reimbursement of training costs incurred by a county.

(iii) Wyoming sheriffs may be reimbursed for search and rescue training sponsored by their organization if the training is provided to search and rescue personnel statewide.

(iv) The Council may enter into contractual agreements for the provision of search and rescue training programs for Wyoming search and rescue personnel.

(v) Direct and administrative costs incurred in the performance of the training and approved by the Council will be eligible for reimbursement.

(f) Reimbursement claims reconsideration.

(i) Sheriffs may make request for reconsideration on any expense denied by the Council. The request for reconsideration must be submitted, in writing, to the Council through the Wyoming Office of Homeland Security within thirty (30) days of notification of their claim status. Written request for reconsideration must include the reason for the resubmission and any supplemental documentation required to properly evaluate the request for reconsideration. Insufficient documentation will not be considered.

(ii) After council members vote on the reconsideration, WOHS will document the decision and send notification to the applicant within thirty (30) days of receipt of the date of the written reconsideration request.

(iii) Council decisions on reconsiderations are final. No further reconsiderations shall be made.

History

Effective 2020-08-07

118 Information Practices

Chapter 1 Information Practices

Wyo. Code R. 001.0002.1.12161977 Information Practices

CHAPTER I

INFORMATION PRACTICES

Section 1. Introduction. These rules pertain to the maintenance and accessibility of records administered by the Governor's Office of Wyoming as authorized by Wyoming Statute. With these rules, it is the intention of this office to establish good practices in the handling of personally identifiable information entrusted to this agency for application to all agency personnel and to establish a procedure whereby an individual may view any public record and may correct or amend any information supplied to this office, in accordance with W.S. 9-692.1.

Section 2. Definitions.

a. Access. A way or means of approaching, obtaining, using, etc; the ability to obtain the information contained in a record.

b. Agency. Any authority, bureau, board, commission, committee, or subagency or the state, county, municipality or other political subdivision which is created by or pursuant to the Wyoming Constitution, statute, or ordinance, other than the state legislature and the judiciary.

c. Confidential. The status of personal information according to federal regulations, state statutes, executive order, or agency or regulations that connotes some commitment to withhold from authorized users information obtained from an individual or institution.

d. Disclosure. Providing an individual (other than those authorized access for routine use) the information contained in a record; the release or transfer of information through oral, written, or electronic means.

e. File. Any aggregation of individual records gathered for a particular purpose and orga- nized or indexed as a unit.

f. Financial. Fiscal, relating to salary, benefits, profits, debts of and individual.

g. Individual. Any man, woman, or child, or place of business or organization on whom an agency keeps records or maintains information.

h. Interest. A right or claim to something; share or participation in something; advantage; welfare; benefit; importance; concern.

i. Medical. Of or connected with medicine or the practice or study of medicine.

j. Personal Information. All information that describes anything about an individual such as identifying characteristics, measurements, or test scores; evidences things done by or to an individual, such as records of financial transactions, medical treatments, or other services; any information that is or can be retrieved from a record or record-keeping system by reference to the name, number, or some other identifying feature associated with the individual to whom the information pertains.

k. Privileged Information. Information that one cannot legally be compelled to divulge, as that to a lawyer from his client; information given with the stipulation that it shall not be divulged further.

l. Psychological. Of the mind; mental.

m. Public Interest. Something in which the public, the community at large, has some par- ticular interest, or some interest by which their legal rights or liabilities are affected; interest shared by citizens generally in affairs of local, state or national government.

n. Record. Any grouping of information about an individual that is maintained in the file of an agency or organization that contains a name or identifying number or symbol assigned to the indi- vidual used to make a decision about the rights, character, opportunities, benefits, or liabilities of the individual to whom the record pertains.

o. Responsible Authority. Any office established by state law as the body responsible for the collection and use of any system of record on persons or summary data; the official involved, or if more than one state official involved, the official designated by the Director of Information Practices.

p. Right To Know. Conferred upon specific individuals either by statute or jurisprudence to execute the statutory function of the information maintained.

q. Right to Privacy. The individual's right to be left alone, to decide for himself how much he will share with others his thoughts, his feelings, and the facts of his personal life.

r. Routine Use. The use of a record for the purpose for which it was collected according to statutory authority or agency regulation.

s. Sociological. Having to do with the associated life of an individual; social identifiers relating to interaction with society.

t. Statistical Record. A record maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual.

u. Subject. An individual or legal entity about whom personal information is maintained in an information system.

v. System of Record. A group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying particular assigned to the individual.

w. Trade Secrets. A plan or process, tool, mechanism, or compound known only to its owner and those of his employees to whom it is necessary to confide it; a secret formula or process having commercial value.

Section 3. Disclosure. Personal information systems maintained by this office are largely in a custodial capacity, access to and amendment of determined by the originating agency according to content of the particular record. Information systems generated by this office include files relating to the many boards and commissions on which the Governor sits, legislative and judicial proceedings including extensive correspondence with all branches of state and federal government, potential nominees for gubernatorial appointments, personal correspondence, personnel files of office employees, and griev- ance/appeals records. Records that are generated by this office and determined to be public records shall be available for inspection to all inquirers without regard to intended use or purpose during normal business hours. Records that are determined to have a confidential classification shall not be communi- cated to any person who is not the subject of the record unless that person provides written consent for this agency to disclose such confidential record to any other person or organization. The Governor's Office may disclose the contents of a confidential record without prior written consent under the follow- ing situations:

a. To an individual who clearly shows a compelling circumstance affecting the health or safety of the subject of the record.

b. To the State Archives as a record which warrants continued preservation.

c. To an individual who has provided this office with written assurance that the record will be used solely for statistical research and the record is to be transferred in a form that is not individually identifiable.

d. To another governmental agency for law enforcement activity, provided the requesting agency has made a prior written request to this office specifying the particular record and the enforce- ment activity for which it is sought.

e. To other agencies or organizations within state government which have a statutorily authorized need for the record.

f. To the officers and employees of this office who have a clearly established need for the record in order to carry out legal duties.

g. On order of a court of competent jurisdiction.

When this agency is forced to disclose the contents of an individuals record under compulsory legal process, the responsible authority will notify the individual of the record of the disclosure.

Section 4. Request for Access. The individual has the right to know what information state government maintains on him subject to restrictions imposed by the Wyoming Public Records Act (W.S.9-692.3). Subsequently, this agency is obligated to allow an individual to physically handle all of the contents of a record on him subject to restrictions imposed by the originating agency and to receive copies of such data at his own expense for his personal possession. This agency reserves the right to make the determination as to whether agency records do contain information that pertains to the indi- vidual. The responsible authority has the right to apply to the district court for an order permitting him to restrict access to such record whenever in the responsible authorities judgment disclosure of the contents would do substantial injury to "the public interest". When denying access to any record, the responsible authority will inform the requester of the statutory basis for denial of access.

Section 5. Procedure for Access. This agency shall respond to requests for access to a record within a reasonable time period, specifying whether access will be granted, the time and place where disclosure is to be made. The requester may be accompanied by another person of his or her choosing or may be represented by another person with the requesters written approval. Access will be provided during regular working hours. The original documents may not be removed from the agency. Copies of the record may be provided at the requesters expense at a cost per page to cover the cost of copying and compiling the requested data. This agency shall request appropriate identification of the inquirer to be presented at the time of access.

Section 6. Correction and Amendment. The individual who is the subject of a record has the right to bring to the attention of the responsible authority any erroneous, inaccurate, or misleading information that is contained in his record. The individual of the record has the right to correct or amend such inaccuracies with a written request to the responsible authority of the originating agency identifying the specific record to be corrected, the erroneous portion of the record and the proposed amendment. Correction or amendment may be by physical alteration of the record or by the inclusion of the individu- als "version" of the disputed data upon receipt of authorization to correct or amend from the originating agency. All future use of the record shall include the individuals corrections or amendments.

Section 7. Personnel Records. The individual who is an employee of this agency has the right to view his own employment application, performance ratings, and scholastic achievement data received as part of state employee training that is maintained within the personnel files of this agency or those of the Personnel Division of DAFC. All of the contents of an individual's personnel file shall be available to the duly elected and appointed officials who supervise the work of the employee and to past employ- ees of this agency of whom the record pertains. Responses to inquiries concerning the status of present or past employees of this agency shall be referred to the Personnel Division of DAFC. Requests for recommendations of past employees shall be limited to employment dates and responsibilities, the gross annual salary of a present or past employee, in addition to an affirmative or simple negative response. This agency shall be prepared to fully document and defend any negative recommendation of a former employee, allowing that employee, if he requests, to receive a full written explanation of the negative recommendation. Further, this agency shall allow the former employee to enter his version of the facts surrounding his employment with this agency to be made available to any future employer upon authori- zation of the former employee.

Section 8. Maintenance of Records. When soliciting information for the individual, this agency shall give the following notifications on the form used to solicit the information or on a separate form:

a. The statutory or administrative authority or federal regulation that allows this agency to solicit such information.

b. The purpose and uses for which the information is sought.

c. The public/confidential classification of the solicited information.

d. The voluntary/mandatory status of the questions asked of individuals and the effects, if any, of not providing all solicited information.

This agency shall give the following annual notifications to the Office of Information Practices for each personal information system maintained:

a. The title and location of the system.

b. The major data elements of the system.

c. The statutory authority for the classification and collection of information.

d. The title, business address, and phone number of the responsible authority for the system.

In addition, this agency shall:

a. Maintain any record that is used to make determinations about an individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual.

b. Non maintain any record on how an individual exercises his rights under the First Amendment of the U.S. Constitution.

c. Not maintain any system of records whose very existence is a secret from the public.

d. Establish physical safeguards and specific security policies for the protection of each system from burglary, misuse, or destruction.

e. Give timely notice to the Office of Information Practices when any new personal informa- tion system is added to this agency's operation or when there is any new routine use of an established system.

f. Maintain all systems of personal information in a manner that is conducive to public inspection and access.

g. Maintain only that information about an individual necessary to accomplish the agency's purposes as authorized by statute.

h. Collect information to the greatest extent possible directly from the individual who is the subject of the record.

Section 9. Mailing Lists. Requests for names and addresses maintained by this agency will be refused unless the requester can prove to the satisfaction of the responsible authority and the Director of the Office of Information Practices that release of the information will promote the health or safety of the citizens of Wyoming. All inquirers of mailing lists shall be notified within an appropriate time period as to whether their request has been approved or denied. The requester may be required to complete a Request for Information form identifying the organization or person making the request, a copy of any material to be mailed, and a guarantee that the names and addresses furnished will be used only for the stated purpose and will not be transferred to any other party or to a computerized data system. If the request for a mailing list is denied, this agency shall so inform the requester within an appropriate time period and the statutory authority for the refusal.

History

Effective 1977-12-16

Chapter 2 Relocation Assistance Program

Wyo. Code R. 001.0002.2.06061978 Relocation Assistance Program

CHAPTER II

RELOCATION ASSISTANCE PROGRAM

Section 1. Applicability. The provisions of these rules and regulations shall apply to federal aid or state public highway projects initiated or administered by the Wyoming Highway Department or the State Highway Commission of Wyoming and to persons who are displaced as the result of the acqui- sition by the Department or the Commissions the condemning or acquiring authorities of lands which are necessary for the construction, improvement, alteration or repair of such projects, and to any other persons who are entitled to receive relocation assistance by the terms of W.s. 9-17-101 et seq.

Section 2. Definitions and General Provision. Unless the context requires otherwise, the following terms when used have the meanings assigned to them as follows.

a. "Acquired" for the purpose of relocation assistance means the date upon which legal possession of the real property is obtained.

b. "Adequate Replacement Housing" means a dwelling which is decent, safe and sanitary as defined by these Rules and Regulations; which is located in areas not generally less desirable with respect to public utilities and public or commercial facilities; and which is reasonably accessible to the displacee's place of employment, adequate to accommodate the displacee, available on the market to the displacee and within the financial means of the displacee or his family.

c. "Business" means any lawful activity conducted primarily for; the purchase, sale, lease, or rental of personal and real property; the manufacture, processing, or marketing of products, commodi- ties or any other personal property; or the sale of services to the public, which activity is carried on by any lawful business entity, including non-profit organizations, but excluding farm operations.

d. "Commercial mover" means one who is licensed and otherwise authorized and equipped to move household goods and other personal property.

e. "Commission" means the State Highway Commission of Wyoming.

f. "Comparable replacement dwelling" means a dwelling which is decent, safe, and sanitary, as defined in these Rules and Regulations; which is functionally equivalent and substantially the same as the acquired dwelling with respect to number of rooms, area of living space, type of construction, and age; which is in areas not generally less desirable than the dwelling to be acquired with respect to public utilities and public or commercial facilities; which is reasonably accessible to the relocatee's place of employment, which is in an equal or better neighborhood and not subject to unreasonably adverse environmental factors; and which is adequate to accommodate the relocatee, available on the market to the relocatee, and within the financial means of the relocatee.

g. "Date of initiation of negotiations" means the date that first personal contact is made with any owner on the project to give him a written offer for the property, except where such contact is made solely for protective buying or where such contact is made in hardship cases.

h. "Department" means the Wyoming State Highway Department.

i. "Displace" means any person who meets the definition of a displaced person provided in these Rules and Regulations.

j. "Displaced person" means any person who moves from real property or moves his per- sonal property from real property as a result of the acquisition of the real property, in whole or in part, for a Federal aid or State highway project.

k. "Dwelling" means the place of customary and usual abode and includes any single family house, a single family unit in a multi-family building, a unit of a condominium or cooperative housing project, a mobile home or other residential unit.

l. "Existing patronage" means the net annual dollar value of business transacted during the two taxable years immediately preceding the taxable year in which the business is displaced.

m. "Family" means two or more individuals related by blood or legal ties who live together as a family unit plus all other individuals regardless of blood or legal ties who live with them and are considered part of the family unit or tow or more individuals not related by legal or blood ties who live together by mutual consent.

n. "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities (including timber) for sale or home use and customar- ily producing such products or commodities in sufficient quantity to be capable of contributing materi- ally to the operator's support. the term "contributing materially" used in this definition means that the farm operation contributes at least 1/3 of the operator's income.

o. "Federal financial assistance" means a grant, loan, or contribution provided by the United States, except any federal guarantee, or insurance.

p. "Habitable floor space" means that floor space used for sleeping, living, cooking, or dining purposes, and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundrys, unfurnished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.

q. "Hardship cases" means those cases involving elderly, ill, indigent, or other persons or businesses, farms, and nonprofit organizations where moving costs would create an economic strain and payment in advance of the actual move alleviates the situation.

r. "Initial occupant" means any person who is in occupancy of real property upon the date of initiation of negotiations for the parcel or upon the date he is given written notice of the Department's intent to acquire the real property and who moves his personal property from the real property at the time the real property is subsequently acquired by the Department.

s. Last resort housing project" means a project authorized for the construction, purchase, and/or rehabilitation of dwellings as replacement housing units for highway displacees.

t. "Mortgage" means such classes of liens and credit instruments commonly given to secure advances on , or secure the unpaid purchase price of real property under the laws of the State of Wyo- ming together with the credit instruments, if any, secured thereby.

u. "Nonprofit organization" means a corporation, partnership, individual or other public or private entity, engaged in a business, professional or instructional activity on a nonprofit basis.

v. "Owner" means: a person who owns legally or equitably, the fee simple estate, a life estate, a 99 year lease, or a lease with a term of at least 50 years upon the date of acquisition of the real property, or other proprietary interest; a person who is the contract purchaser of any of the foregoing estates or interests; or a person who has succeeded to any of the foregoing interests by devise, bequest, inheritance, or operation of law.

w. "Outdoor advertising business" means a lawful business conducted by a lawful business entity for the erection and maintenance of outdoor advertising displays which advertise the purchase, sale, resale, manufacture, processing or marketing of commodities or services.

x. "Person" means an individual, family, partnership, company, corporation, or association.

y. "Rent supplement" means the amount in addition to present rent which is necessary to enable a displaced person to lease or rent a comparable replacement dwelling.

z. "Replacement housing payment" means generally the payment made to an eligible displaced person which when added to the payment he receives upon acquisition of his dwelling, will equal the amount the displacee is required to pay for a decent, safe and sanitary dwelling or the amount necessary to purchase a comparable replacement dwelling, whichever is less.

aa. "Subsequent occupant" means any person not an initial occupant who is in occupancy at the time the real property is acquired and who subsequently moves from the real property.

bb. "Taxable year" means any twelve-month period used by a business or person in comput- ing and filing income tax returns.

cc. "Tenant" means an individual or family which rents, or is temporarily in lawful posses- sion of, a dwelling, room or one or more sleeping rooms.

dd. "180 day owner" means an initial occupant who has owned and occupied the dwelling from which he is being displaced for at least 180 consecutive days prior to the initiation of negotiations.

ee. "90 day owner" means an initial occupant who has owned and occupied the dwelling from which he is being displaced for less than 180 days but more than 90 consecutive days immediately prior to the initiation of negotiations.

ff. Replacement housing will be given and extended to all races without discrimination. Fair housing discrimination complaints will be processed by the Department and relocates shall be kept informed of these procedures. Relocation assistance shall be made available to relocatees to insure protection of fair housing rights under Federal law.

gg. Each displacee shall receive a notice of intent to acquire when the Department desires to establish eligibility for relocation benefits prior to the initiation of negotiations to acquire the parcel. A notice of intent shall not be sent unless necessary to forestall possible subsequent occupancy or to minimize rental problems.

hh. The Department, upon the date of initiation of negotiations for the parcel or as soon hereafter as reasonably possible, shall furnish to displacees, including 180 day owners, 90 day owners, and tenants, written information explaining relocation benefits and eligibility requirements.

ii. Each displacee shall be furnished a Form 79ra which shall contain an explanation of the amount of replacement housing assistance to which he is entitled.

jj. To the greatest extent possible, a displacee will not be required to move from a dwelling, or move a business or farm without 90 days written notice, which notice shall be given upon the date of initiation of negotiations for the parcel or as soon thereafter as reasonably possible. In addition, each displacee shall be given a notice specifying the date upon which he must vacate the real property he occupies. This notice shall be given at lest 30 days prior to the date specified unless the displacee has already vacated the real property at the time the notice is to be given.

kk. All displacees who are eligible for relocation assistance shall be furnished a written notice of the right to appeal a determination of benefits made by the Department.

Section 3. Standards for Decent, Safe and Sanitary Replacement Housing.

a. A decent, safe and sanitary dwelling shall conform to state and local housing codes, regulations, or ordinances. If located where such codes, ordinances, or regulations are not applicable or less restrictive, a decent, safe and sanitary dwelling shall;

(1) Have a continuing and adequate supply of potable safe water;

(2) Have a kitchen or area set aside for a kitchen which contains a sink in good work- ing order connected to hot and cold water and an adequate sewage system.

(3) Have utility service connections and adequate space for the installation of a stove and refrigerator.

(4) Have an adequate heating system in good working order which will maintain a minimum temperature of 70@ in the living area (excluding bedrooms) under local outdoor design temperature conditions;

(5) Have a bathroom, well lighted and ventilated, affording privacy to a person within it, containing a lavatory basin and a bathtub or stall shower properly connected to an adequate supply of hot and cold running water, and a flush toilet, all in good working order and properly connected to a sewage disposal system;

(6) Have an adequate and safe wiring system for lighting and other electrical services;

(7) Have a structure which is sound, weather tight, in good repair and adequately maintained;

(8) Have a safe and unobstructed means of egress leading to safe and open space at ground level; and

(9) Have at least 150 square feet (13.9 square meters) of habitable floor space for the first occupant in a standard living unit and at least 100 square feet (9.3 square meters) of habitable floor space for each additional occupant.

b. a decent, safe and sanitary mobile home shall conform to state and local housing codes or ordinances or, if not applicable or less restrictive, shall meet the requirements specified in subsection a. of this section, except that it shall have at least 150 square feet of habitable floor space for the first occupant and a minimum of 70 square feet of habitable floor space for each additional occupant.

c. A decent, safe and sanitary rental sleeping room shall conform to all state and local housing codes or ordinances or, if not applicable or less restrictive, shall meet the requirements specified in subsections a. (4); a.(5); a.(6); a.(7); and a.(8), except that it shall have a minimum of 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each addi- tional occupant.

Section 4. Moving Expenses to Families and Individuals.

a. Any displaced person or family of displaced persons shall be entitled to receive reim- bursement from the Department for expenses incurred by such persons for personal transportation and for moving personal property subject to the provisions of these rules and regulations. Each displaced person or family of displaced persons shall have the option of receiving reimbursement on the basis of actual reasonable moving expenses or on the basis of a moving expense schedule.

b. A displaced person or family of displaced persons shall be entitled to receive reimburse- ment for the actual reasonable cost of a move accomplished by a commercial mover, provided that such person or family submits receipted bills to the Department setting forth the amount of such costs.

c. The Department shall furnish a list of approved movers to such person or family for selection where a contract with an independent mover has been executed on a schedule basis.

d. In the case of a self move, such person or family shall be entitled to receive reimburse- ment for actual reasonable moving costs, provided such persons or family submits receipted bills setting forth the amount of such costs and such costs may not exceed the cost of a commercial mover.

e. A displaced person or family of displaced persons shall be entitled to receive reimburse- ment for the cost of personal transportation to an approved new location.

f. Any displaced person or family of displaced persons which satisfies the applicable crite- ria provided for in these rules and regulations shall be entitled to receive a dislocation allowance in the amount of two hundred dollars ($200.00).

g. Copies of moving expense schedules approved by the Federal Highway Administration will be provided to any displaced person upon request.

h. Two or more families of displaced persons occupying the same dwelling unit who must relocate into separate dwelling units because a single comparable unit is not available may elect to receive reimbursement for moving expenses on an actual cost basis or moving expense schedule basis. In addition, each family shall be entitled to receive a dislocation allowance.

i. Two or more families of displaced persons occupying the same dwelling units although a single comparable dwelling unit is available, may elect to receive a payment for moving expenses on an actual cost basis or moving expense schedule basis. In addition, both families shall be entitled to receive one dislocation allowance to be divided by the families.

j. In addition to reimbursement for moving expenses, the owner-occupant of a multi-family dwelling may also receive moving expense reimbursement according to the provisions of these rules and regulations pertaining to moving expense payments to businesses.

k. The relocation agent shall assist each displaced person in the preparation of Forms R/W 68 ra and R/W 69 ra. The relocation agent shall explain the options available to the displaced person and will determine and record which option was selected. The agent shall determine that moving cost claims are reasonable. The agent shall verify the room count or square footage and that the move has actually been made. The agent shall also obtain bills and receipts where a displaced person has made a self move and shall keep such bills and receipts on file with the Department.

Section 5. Moving Expense Payments to Businesses.

a. The owner of a displaced business who is eligible under the provisions of these rules and regulations shall be entitled to receive reimbursement for actual reasonable moving and related expenses including:

(1) Actual reasonable expenses in moving the business or other personal property;

(2) Actual direct losses of tangible personal property in moving or discontinuing his business; and

(3) Actual reasonable expenses in searching for a replacement business.

b. In lieu of reimbursement for actual expenses and losses, the owner of a discontinued or relocated business may be eligible to receive a payment equal to the average annual net earnings of the business subject to the provisions of paragraph j. below.

c. The relocation agent shall assist the eligible owners of displaced businesses in the completion of Form R/W 68 ra in processing payment for actual and reasonable moving expenses. If such owner elects to receive a lump sum payment equal to the average annual net earnings of his busi- ness in lieu of actual moving expenses as provided herein below, the relocation agent shall assist the owner in completing Form R/W 70 ra.

d. The owner of a displaced business shall furnish an inventory of the items to be moved prior to the time the actual move takes place. When the move is completed, the owner of the displaced business in his claim for payment shall certify that the items listed on the inventory were actually moved. If the certified inventory varies appreciably from the original inventory, the moving expense reimburse- ment payment will be adjusted accordingly.

e. The relocation agent shall monitor the various phases of the move in order to determine that all expenses are actual and reasonable as required by law.

f. The owner of a displaced business shall be entitled to receive reimbursement for the actual reasonable cost of a move accomplished by a commercial mover, provided such owner submits receipted bills to the Department setting forth the amount of such cost.

(1) In the case of a self move, the owner of a displaced business may be paid an amount equal to the lower of at least tow bids or estimates from qualified commercial movers and shall be entitled to a reimbursement payment equal to the amount of the low bid or estimate without negotia- tions. The relocation agent may negotiate with the owner for a reimbursement payment not to exceed the amount of the low bid or estimate.

(2) If acceptable bids or estimates cannot be obtained from qualified commercial movers, the owner of a displaced business shall be entitled to a reimbursement payment in an amount equal to the actual and reasonable expenses incurred in the self move including truck rental, equipment rental, gasoline, oil, insurance, depreciation, labor costs, and supervision costs, provided such expenses are directly allocable to the move and provided such expenses are set forth upon receipted bills to be submit- ted to the Department.

g. Where personal property which is used in connection with the displaced business is of low value and high bulk and the cost of moving would be disproportionate in relation to the value, the relocation agent may negotiate with the owner for a reimbursement payment in an amount not to exceed the cost of replacement of comparable items on the market or the amount of proceeds recovered upon liquidation whichever is higher.

h. The owner of a displaced business who is entitled to relocate his tangible personal prop- erty in whole or in part but who elects not to do so may receive a reimbursement payment for actual direct losses provided the owner has made a bona fide effort to sell the particular items of tangible personal property involved.

i. The owner of a displaced business may be entitled to reimbursement for actual and reasonable expenses in searching for a replacement business. The amount of each reimbursement shall not exceed five hundred dollars ($500.00) unless prior approval of a greater amount is given by the State Right-of-Way Engineer on state projects or the Federal Highway Administration Division Engineer on federally-funded projects. The owner must submit a claim setting forth the amount of such reasonable and actual expenses which may include:

(1) Transportation expenses;

(2) Lodging;

(3) Real estate brokers' or agents' fees; and

(4) Reasonable value of the time of the search provided the owner submits a certified statement of the number of hours actual spent.

j. In lieu of actual moving expenses and submit to the provisions of these rules and regula- tions, the qualified owner of a discontinued business is eligible to receive a reimbursement payment equal to the average annual net earnings of the business as defined by these rules and regulations, except that such payment shall not be less that two thousand five hundred dollars ($2,500.00) nor more than ten thousand dollars ($10,000.00) providing the following requirements are met:

(1) The relocation agent must determine that:

(a) The business cannot be relocated without a substantial loss of existing patronage as defined in these rules and regulations; and

(b) The business is not part of a commercial enterprise having at least one other outlet that is not being acquired by the Department.

(2) A part-time individual or family occupation conducted primarily in the home which does not contribute materially to the income of the displaced owner is not eligible for reimburse- ment.

(3) The owner of a displaced business must submit to the Department certified finan- cial statements, an affidavit stating the average annual net earnings of the business, tax returns or other satisfactory evidence in order to be eligible for the in lieu of actual moving expenses provided herein. The affidavit of the owner stating the net earnings of the business is acceptable only if the owner grants the Department the right to review the records or accounts of the business. The affidavit of the owner alone is not acceptable if the amount claimed is more than two thousand five hundred dollars ($2,500.00).

(4) The owner of a multi-family structure may be entitled to an lieu of actual moving expenses payment as provided herein if a comparable structure is not available. If a multifamily struc- ture which has fewer limits than the acquired structure is available, the owner shall be entitled to an in lieu of payment if the relocation agent determines that the owner has suffered a substantial loss of existing patronage, which determination for the purposes of this subsection shall be based upon the net average dollar volume difference between the two structure. If the net income of the acquired structure, no in lieu of payment shall be made to the owner.

Section 6. Moving Expense Payments to Farm Operators.

a. The owner of a displaced farm operation who is eligible to receive relocation assistance pursuant to the provisions of these rules and regulations shall be entitled to receive a reimbursement payment for actual direct losses of tangible personal property and actual reasonable expenses in search- ing for a replacement farm subject to the provisions of Section 4 of these rules and regulations. The relocation agent shall assist the owner of a displaced farm in completing Form R/W 68 ra in order to process payment.

b. In lieu of actual moving expenses and subject to the provisions of these regulations, the owner of a displaced farm operation is eligible to receive a payment equal to the average annual net earnings of the farm operation. Such payment shall not be less than two thousand five hundred dollars ($2,500.00) nor more than ten thousand dollars ($10,000.00). The owner of a displaced farm operation is entitled to payment under this section if:

(1) The farm operator has discontinued his farm operations or moved it to a new location; or

(2) In the case of a partial taking the property remaining after the acquisition is no longer an economic unit or;

(3) The taking caused the farm operator to move to adjacent land; or

(4) The taking forced such a change in operation so as to constitute a displacement.

c. The determination of the reimbursement payment available to eligible displaced farm operators shall be done in accordance with Section 4 of these rules and regulations.

Section 7. Moving Expense Payments to Non-Profit Organizations.

a. A displaced non-profit organization which is eligible to receive relocation assistance subject to the provisions of these rules and regulations shall be entitled to reimbursement for actual direct losses of tangible personal property and actual reasonable expenses in searching for a replacement site.

b. In lieu of reimbursement for actual moving expenses, the displaced non-profit organiza- tion shall be entitled to receive two thousand five hundred dollars ($2,500.00) if:

(1) The non-profit organization cannot be relocated without a substantial loss of existing patronage; and

(2) The non-profit organization is not part of another commercial enterprise having at least one other establishment engaged in the same or a similar activity which is not being acquired.

Section 8. Moving Expense Payments for Advertising Signs.

a. The owner of a displaced advertising sign shall be eligible to receive a reimbursement payment for actual reasonable moving expenses if he moves the advertising sign to another site not in violation of applicable Federal, State or local regulations. The amount of such reimbursement payment shall be determined according to the provisions of Section 4. f.(1) and f(2) of these Rules and Regula- tions.

b. In the event the owner of a displaced sign does not move the sign to another site, although he is entitled to do so, the owner shall be entitled to a reimbursement payment for the actual direct loss of the sign in an amount which shall be the lesser of:

(1) The depreciated reproduction cost of the sign as determined by the Department; or

(2) The estimated cost of moving the sign.

c. The owner of a displaced advertising sign may be entitled to a reimbursement payment for actual and reasonable expenses in searching for a replacement sign site. Subject to the provisions of these Rules and Regulations, such expenses may include transportation expenses, meals, lodging away from home, the reasonable value of time spent in the search, and the fees of real estate agents of brokers. The amount of such payment shall not exceed five hundred dollars ($500.00).

Section 9. Replacement Housing Payments.

a. A displaced person is eligible for replacement housing assistance if he:

(1) Satisfies the tenure of occupancy requirements of these Rules and Regulations; and

(2) Relocates and occupies a decent, safe, and sanitary dwelling or contracts for the rehabilitation or construction of such a replacement dwelling within one year from the later of:

(a) The date upon which the displaced person received final payment for all costs of the required dwelling where the amount of such payment is determined by negotiated settle- ment;

(b) In condemnation cases, the date upon which the Department or condemning authority deposits into Court for the benefit of the displaced person the sum of money provided for in Rule 71.1(e), W.R.C.P.;

(c) The date upon which the displaced person was required to move by the written notice to vacate the acquired dwelling within ninety (90) days; or

(d) The date upon which the displaced person moves if such date is earlier that the date upon which he is required to move.

b. A displaced person or family of displaced persons who has obtained, either before or after displacement, legal ownership of a replacement dwelling or the land upon which it rests and occupies the dwelling after displacement but within the applicable time limit specified in 8.a. is eligible for replacement housing assistance if the replacement dwelling meets the standards for decent, safe, and sanitary dwellings provided in these Rules and Regulations.

c. A displaced person shall apply for replacement housing assistance by filing a completed Form R/W 71, 72 or 73. The application must be filed no later than six (6) months after the expiration of the applicable one year period specified in subsection 8.a., except that in condemnation cases, appli- cation must be filed no later than six (6) months after the date of final adjudication.

d. Prior to making any relocation assistance payment, the relocation agent shall inspect the replacement dwelling to determine that it meets the standards of decent, safe, and sanitary housing. After the inspection is completed the relocation agent shall complete Form R/W 53 ra, "Dwelling In- spection Report."

e. In the event an inspection as required by subsection d. cannot be made, the displaced person may file a certified statement that he has occupied a replacement dwelling which meets the standards for a decent, safe and sanitary dwelling, and such certification shall be sufficient to establish eligibility for replacement housing assistance.

f. Replacement housing payments shall be made directly to the displaced person or family of displaced persons except upon written instruction from such person or persons that payments be made to a lessor for rent or to a seller for use toward the purchase of replacement housing. A displaced person of family of displaced persons who desire that replacement housing payments be made into escrow must specifically request the same in the application for assistance.

g. If two or more eligible families of displaced persons occupy the same single family dwelling unit and a comparable replacement is available, the occupants are eligible to receive one replacement housing or rent supplement payment. if comparable replacement hosing is not available, each family will be eligible for a replacement housing or rent supplement payment based on housing comparable to the quarters occupied by each family plus community rooms shared by other occupants.

Section 10. Replacement Housing Payments for Owner-Occupant for 180 Days or More Who Purchases.

a. A displaced owner-occupant is eligible to receive additional replacement housing assis- tance, not to exceed fifteen thousand dollars ($15,000.00) to purchase replacement housing, as compen- sation for the loss of favorable financing on an existing mortgage or as reimbursement for authorized incidental expenses incident to purchase of replacement housing if:

(1) He is in occupancy at the initiation of negotiations for the acquisition in whole or in part of the real property occupied; or

(2) He is in occupancy at the time he is given a written notice of intent to acquire the property by a certain date; and

(3) He has been in occupancy and ownership for at least one hundred and eighty (180) days prior to the earliest of:

(a) the date he vacated the property as a result of a notice of intent to acquire; or

(b) the date of the initiation of negotiations for the parcel; and

(4) The property was acquired from him by the Department; and

(5) He purchases and occupies a decent, safe, and sanitary dwelling within the applicable time period specified in Section 8. a. of these Rules and Regulations.

b. A displaced owner-occupant is deemed to have "purchased" a dwelling when he:

(1) Acquires an existing dwelling; or

(2) Purchases a life estate in a retirement home; or

(3) Relocates or rehabilitates a dwelling he owns or acquired; or

(4) Constructs a comparable decent, safe and sanitary dwelling on a site which he owns.

c. Replacement Housing Assistance to compensate a displaced owner-occupant for in- creased interest costs in financing a replacement dwelling will be allowed only when the acquired dwelling was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than one hundred eighty (180) days prior to the established eligibility date specified in Section 8. a. of these Rules and Regulations.

d. The displaced owner-occupant eligible for replacement housing assistance under these Rules and Regulations is eligible to receive a payment in an amount necessary to reimburse him for actual costs incident to the purchase of a comparable replacement dwelling. Such costs may include legal closing, and related costs such as title search and survey costs, appraisal and application fees, escrow fees and transfer taxes, except that no fee, cost, charge or expense is reimbursable if determined to be part of the debt service or finance charge under 15 U.S.C., Sections 1631 to 1641, or Regulation Z issued in pursuance thereof by the Federal Reservice System.

e. The combined replacement housing assistance payments to a displaced owner-occupant made pursuant to these Rules and Regulations may not exceed fifteen thousand dollars ($15,000.00).

f. A displaced owner-occupant shall be allowed the option of retaining his dwelling and he shall be entitled to receive reimbursement for the reasonable costs of acquiring a new site, moving the dwelling, and restoring it to a condition comparable to that before the move. Payment shall be the amount by which the above costs exceed the price paid for the dwelling to a maximum of that amount computed in 9.d.

Section 11. Rental Supplement Payment for 180 Day Owner Who Rents.

a. A displaced owner-occupant who is eligible to receive replacement housing assistance pursuant to these Rules and Regulations and who elects to rent a replacement dwelling shall receive a rental replacement housing payment not to exceed four thousand dollars ($4,000.00).

Section 12. Replacement Housing Payment for 90 Day Owner Who Purchases.

a. A displaced owner-occupant who has owned and occupied his dwelling for less than one hundred and eighty (180) days but more than ninety (990) days and who is eligible for replacement housing assistance under these Rules and Regulations, shall receive a payment to enable him to make a downpayment on the purchase of a replacement dwelling, for reimbursement of actual expenses incident to such purchase and for additional costs incurred in relocation of his retained dwelling, provided, however, that such payment shall not exceed four thousand dollars ($4,000.00). In no event shall a combined payment made pursuant to this section and any other section of these Rules and Regulations exceed four thousand dollars ($4,000.00).

Section 13. Rent Supplement Payment for 90 Day Owner Who Rents.

a. A displaced owner-occupant who has owned and occupied his dwelling for less than one hundred and eighty (180) days but more than ninety (90) days, who is eligible for replacement housing assistance under the provisions of these Rules and Regulations and who elects to rent a replacement dwelling shall receive a rental replacement housing payment not to exceed four thousand dollars ($4,000.00).

Section 14. Rent Supplement Payment for Tenant-Occupant for Not Less than 90 Days Who Rents.

a. A displaced tenant-occupant who is eligible for replacement housing assistance under the provisions of these Rules and Regulations shall receive a rental replacement housing payment not to exceed four thousand dollars ($4,000.00) if:

(1) He is in occupancy at the beginning of negotiations for the acquisition of the real property, in whole or in part; or

(2) He is in occupancy at the time he is given a written notice to acquire the real property by a certain date; and

(3) The occupancy has been for at least ninety (90) consecutive days immediately prior to the date of vacation if he has been given notice of an intent to acquire or initiation of negotia- tions, whichever is earlier; and

(4) The property was subsequently acquired; and

(5) He rented and occupied a decent, safe and sanitary dwelling with the applicable time period specified in Section 8 of these Rules and Regulations.

b. If a tenant-occupant, after moving to a decent, safe, and sanitary dwelling, relocates within the applicable time period specified in Section 8 of these Rules and Regulations to a higher cost unit, he may present another claim for a payment in excess over the original claim, but not to exceed the rent supplement computed under this section.

Section 15. Replacement Housing Payment to Tenant-Occupant for Not Less than 90 Days Who Purchase.

a. A displaced tenant-occupant who is eligible for replacement housing assistance under the provisions of these Rules and Regulations shall receive a replacement housing payment in an amount to enable him to make a downpayment on the purchase of a replacement dwelling, provided, however, that such payment shall not exceed four thousand dollars ($4,000.00).

Section 16. Replacement Housing or Rent Supplement Payment to Tenant of Sleeping Room for Not Less than 90 Days.

a. A displaced tenant of a sleeping room who is eligible for replacement housing assistance under the provisions of Section 13. a. of these Rules and Regulations shall receive a replacement housing payment to enable him to rent replacement housing or to make a downpayment on the purchase of a replacement dwelling, provided, however, that such payment shall not exceed four thousand ($4,000.00).

Section 17. Subsequent Occupants. Subsequent occupants who occupy a dwelling after the initiation of negotiations for its purchase and who are in occupancy at the time legal possession is ob- tained, are entitled to relocation assistance advisory services in locating adequate replacement housing. Rent supplement payments are available only if adequate replacement housing is not available or the monthly rent exceeds twenty-five percent (25%) of the occupant's gross monthly income.

Section 18. Mobile Homes — General Provisions.

a. A mobile home may be acquired with Federal funds participating in the acquisition cost if it constitutes real property according to State law. A mobile home may be acquired as personal property if it cannot be moved without substantial damage or unreasonable cost or the mobile home is not a decent, safe and sanitary dwelling as defined by these Rules and Regulations.

b. When a sufficient portion of a mobile home park is taken to justify the operator to move or go out of business, the owners and occupants of the mobile home dwellings who are forced to move are eligible to receive payments although their dwelling may not have been within the actual taking.

c. When a comparable mobile home dwelling is not available, the replacement housing pay- ment shall be calculated on the next highest type of dwelling available.

d. The same forms applicable to relocation assistance to occupants of conventional dwellings will be used to process mobile home moving and replacement housing claims.

e. An occupant of a mobile home who is entitled to relocation assistance pursuant to these Rules and Regulations and whose mobile home does not meet comparable mobile home park entrance requirements shall be entitled to a replacement housing payment which shall be equal to the difference between the acquisition cost and the price of a mobile home meeting park entrance require- ments, or the cost to improve the mobile home to meet entrance fee may be included in the replacement housing payment if the park charging the fee is the only comparable park available and if the fee will not be refunded.

f. The ownership or tenancy of the mobile home and not the land on which it is located deter- mines the occupant's status as an owner or tenant. The length of ownership and occupancy of the mobile home on the mobile home site determines the residency status as a 180 day owner or tenant.

Section 19. Moving Expense Payments for Occupants of Mobile Homes. owners and tenants of mobile homes shall be entitled to moving expense payments if they meet the eligibility requirements applicable to owners and tenants of conventional dwellings as provided in these rules and regulations.

Section 20. Replacement Housing Payments for 180 Day Owners of Mobile Homes. A dis- placed owner of a mobile home who meets the eligibility requirements applicable to owners of conven- tionally dwellings and who has occupied the home for at least 180 days on the site from which he is being displaced shall be entitled to receive reimbursement for costs necessary to purchase replacement housing and compensation for the loss of favorable financing on his existing mortgage provided such reimbursement does not exceed $15,000.00. A displaced owner who is eligible for a replacement hous- ing payment under this section, and who elects to rent replacement housing, shall be entitled to receive a rent supplement payment not to exceed $4,000.00.

Section 21. Replacement Housing Payments for 90 Day Owners of Mobile Homes. A dis- placed owner occupant who meets the eligibility requirements applicable to owners of conventional dwellings and who has occupied the mobile home for less than 180 days but more than 90 days shall be entitled to receive reimbursement for a downpayment on the purchase of replacement housing, of he elects to rent, a rent supplement payment, provided that such reimbursement or rent supplement payment shall not exceed $4,000.00.

Section 22. Appeals.

a. A displacee may appeal the decisions of the Wyoming State Highway Department regarding relocation assistance and payments as follows:

(1) The complainant may write letter starting the complaint and all relevant facts to: Wyoming Highway Department, State Right of Way Engineer, P.O. Box 1708, Cheyenne, Wyoming 82001; or he make a personal appointment with the State Right of Way Engineer to present his com- plaint.

(2) The State Right of Way Engineer will review the case and render a decision. If that decision is unsatisfactory to the complainant, he may appeal to the Wyoming State Highway Com- mission. Appeal procedures before the Commission will be in accordance with "Rules and Regulations Wyoming State Highway Department relating to rules of practice governing appeals and hearings before the Wyoming State Highway Commission in accordance with Chapter 108, Session Laws of Wyoming, 1965." Copies are available from the State Right of Way Engineer.

(3) The appeal must be received within 90 days after the time limit specified for filing replacement housing claims or the time limit specified for moving payments.

Section 23. Relocation Program on Projects Affected by a Major Disaster.

a. THe policies and procedures contained in these rules are applicable to relocation pro- grams on projects in areas designated by the President or Governor of the State of Wyoming as major disaster areas.

b. Individuals and families whose homes have been damaged or destroyed by a major disaster and who have not reoccupied their homes by the start of negotiations may be considered to be in constructive occupancy. Federal funds may be used to relocation payments providing that location approval for the project was given by the FHWA prior to the disaster.

History

Effective 1978-06-06

359 Public Records

Chapter 1 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 001.0009.1.02222017 § 1 Authority

The Goveror is required under W.S. 16-3-103(j)(ii) to adopt the Department of Administration and Information's uniform rules pertaining to procedures, fees, costs, and charges for inspecting, copying, and producing public records.

History

Effective 2017-02-22

Wyo. Code R. 001.0009.1.02222017 § 2 Adoption of Uniform Rules

The Governor hereby incorporates by reference the following uniform rules:

(b) For these rules incorporated by reference:

(i) The Governor has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Governor's office and are available for public inspection and copying at the same location.

History

Effective 2017-02-22

119 Tax Exempt Bonds, Allocation for

Chapter 1 General Provisions

Wyo. Code R. 001.0003.1.04262006 General Provisions

WYOMING OFFICE OF THE GOVERNOR

RULES

ALLOCATION OF VOLUME CAP ON TAX-EXEMPT PRIVATE ACTIVITY BONDS

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. Wyo. Stat. § 9-1-219(a) authorizes the Governor to promulgate rules governing the allocation of the unified statewide volume limit (Astate ceiling"), established by the federal Tax Reform Act of 1986, among the state's issuing authorities.

Section 2. Objectives. The objective of the rules is to establish an accessible, equitable and efficient allocation process that advances the state and local benefits of tax exempt financing.

Section 3. Governor's Discretion and Consideration. In apportioning the state ceiling, the Governor, in his sole discretion, shall prioritize and determine how the volume cap shall be allocated. The Governor, in determining how to apportion the state ceiling, will be guided by the following general principles:

(a) Readiness. An applicant must demonstrate to the Governor's satisfaction that it can use the allocation promptly to issue bonds.

(b) Prevention of Waste or Unproductive Use. In making allocations, the Governor intends to prevent the unproductive use or waste of any part of the state ceiling. An applicant must therefore document the demand for its program or project. In considering the productive use of allocations, the fact that particular projects or programs could not go forward without tax-exempt financing shall be a factor in determining whether to make any allocation.

(i) Housing. The Governor shall consider the availability of adequate, affordable housing in Wyoming and the availability of funding to finance new and existing owner-occupied and rental housing at reasonable rates and rents, and the impact of the program or project on these needs.

(ii) Industrial Development Projects (Small Issue Bonds). The Governor shall consider the number, duration, type and average wage of jobs that will be created or retained for Wyoming residents, e. g., whether the project creates semi-skilled or skilled jobs as well as unskilled jobs and whether the employment will provide special training and promotion opportunities to employees. The Governor shall also consider the potential impact of the project on existing businesses in the local market and the economic needs of the local community in comparison to the economic needs of other communities.

(iii) Exempt Facility Projects. The factors considered for an allocation to an industrial development project bond issue shall also be considered for exempt facility projects. Additionally, the Governor shall consider the following public benefits of exempt facilities: the degree to which the project helps to eliminate air or water pollution; the degree to which the project produces energy; the degree to which the project disposes of solid waste in an environmentally safe manner that meets or exceeds state and federal criteria; and the degree to which the project helps carry out other articulated state or local policies with regard to pollution reduction.

(iv) Student Loan Programs. The Governor shall consider the issuer's projected demand for student loan allocations; the services that the loan program provides to schools and borrowers; the degree to which lower income households benefit from the program; and the degree to which the program helps carry out other articulated state or local policies. In the event an Issuing Authority requests to enter into additional or extended obligations under Wyo. Stat. § 21-16-113 to obtain financing, the Governor shall also consider the role and actions of the Issuing Authority, past allocations to the Issuing Authority, debt service on outstanding bonds, and the potential liability to the State of Wyoming or any of its agencies for payment of interest, principal or any financial obligation or potential financial consequence resulting from outstanding bond issues by said Issuing Authority, including, but not limited to, the possible need for allocation of additional bonds to the Issuing Authority to refinance or otherwise pay outstanding bond obligations.

(v) General Considerations. The purpose of private activity bonding in this state is to maximize the economic benefits of such bonding to the citizens of this state. To this end, the Governor shall make allocations that will further economic development, housing, education, redevelopment, public works, energy, waste management, transportation and other activities that the Governor determines will benefit the citizens of the state.

Section 4. Applicability.

(a) Repeal of Existing Rules. All existing rules governing allocation of the volume cap on tax- exempt private activity bonds, including any emergency rules and the Governor's rules entitled "Chapter Allocation For Tax Exempt Bonds," are hereby repealed.

(b) Adopted Rules. These rules may be relied upon by issuers of private activity bonds, beneficiaries of the proceeds, owners of such bonds, and other participants in the issuance of such bonds for the period during which these rules are effective.

Section 5. Definitions.

(a) "Act" means the Tax Reform Act of 1986 (26 U.S.C. ' 146).

(b) "Carryforward" means a specified allocation of the state ceiling issued in accordance with Chapter 6 in one calendar year, which allocation shall not exceed the amount remaining in the general allocation pool on December 31st, after deducting all other carryforward allocations in the same calendar year.

(c) "Certified allocation" means an allocation of the state ceiling to private activity bonds within the state, which authorizes such bonds to be treated as tax-exempt.

(d) "General allocation pool" means the portion of the state ceiling available to issuers of bonds regardless of whether such issuers are at the state or local level.

(e) "Governor" means the Governor of the State of Wyoming.

(f) "Issuing Authority" means any entity which has the authority to issue bonds or other obligations the interest on which is exempt from federal income taxation pursuant to section 103{a) of the Act.

(g) "Official intent" means a resolution adopted by the governing body of the Issuing Authority or its delegatee in accordance with applicable federal tax regulations, which initially approves the issuance of its bonds for the project/program in question.

(h) "Preference allocation" means an allocation of the general allocation pool issued by the Governor before any bond issuance, based upon the complete filing of information required by Chapter 3. This allocation assures receipt of a certified allocation following bond issuance, if all required forms, including a complete and properly executed Internal Revenue Service (IRS) Form 8038, are submitted to the Governor in a timely manner, as required by Chapter 5.

(i) "Private activity bonds" has the same meaning assigned that term in 26 U.S.C. ' 141(a).

Section 6. Time Computation. In the event the last day for filing or notice is Saturday, Sunday or any day on which the office of the Governor is authorized or required to close, then the time for expiration shall be extended to the first day thereafter which is not a Saturday, Sunday or other day described above.

Section 7. Transferability. Except as authorized by the Governor, no allocation or carryforward granted under these rules or by the Governor is transferable.

Section 8. Performance of Governor's Duties. In performing the functions required under these rules, the Governor may seek the advice and assistance of the Advisory Board as established under Chapter 6 of these rules, any state employee(s) or other persons he deems qualified to provide such advice and assistance. The Governor may appoint a designee to take all actions the Governor may take under these rules.

Section 9. Anti-kickback Certification. All allocations made under these rules shall carry certification by the public official responsible for the allocation under penalty of perjury that to the best of his or her knowledge the allocation of the state ceiling to the private activity bond(s) was not made in consideration of any bribe, gift, gratuity or direct or indirect contribution to any political campaign.

History

Effective 2006-04-26

Chapter 2 Volume Cap Allocation

Wyo. Code R. 001.0003.2.04262006 Volume Cap Allocation

CHAPTER 2

VOLUME CAP ALLOCATION

Section 1. Wyoming Community Development Authority. On January 1st of each calendar year, Wyoming Community Development Authority (WCDA) shall receive a set allocation of the state ceiling in the amount of $90,000,000.

(a) On or before July 15th of each calendar year, the WCDA shall file a written report with the Governor. The report shall describe WCDA's actual and expected bond issuances for the year and shall identify any allocation WCDA anticipates it will not use before December 31st of the reporting year. The report shall demonstrate WCDA's need to retain the amount of the allocation it does not anticipate using before December 31st of the reporting year.

(b) If the Governor determines that the state and local benefits of tax-exempt financing will be better served by transferring the portion of WCDA's allocation that it does not anticipate using by December 31st to the general allocation pool, the Governor may, any time after July 15th, declare such portion of the WCDA's allocation expired, and such portion shall revert to the general allocation pool.

(c) Any portion of the WCDA's $90,000,000 annual allocation not used by December 31st of the year in which it was allocated shall expire on December 31st and revert to the general allocation pool.

(d) WCDA, if it satisfies all requirements of Chapter 6, shall automatically receive as a carryforward any unused portion of the general allocation pool as provided in Chapter 6 of these rules.

(e) Between January 1st and March 31st of each year following allocation of a carryforward to the WCDA, WCDA shall, upon request of the Governor, relinquish and make available for general allocation a portion of its annual $90,000,000 allocation up to or equal to the carryforward allocation received by the WCDA, as provided in Chapter 6 of these rules. Between April 1st and June 30th of each year following allocation of a carryforward to the WCDA, WCDA shall, upon request of the Governor, relinquish and make available for general allocation a portion of its unused or uncommitted annual $90,000,000 allocation up to or equal to the carryforward allocation received by WCDA, as provided in Chapter 6 of these rules.

(f) WCDA may apply for an allocation from the general allocation pool only after the available annual WCDA allocation is committed to private activity bonds. Any application by WCDA for an allocation from the general allocation pool shall comply with the requirements of Chapter 3.

Section 2. Wyoming Student Loan Corporation. On January 1st of each calendar year, Wyoming Student Loan Corporation (WSLC) shall receive a set allocation of the state ceiling in the amount of $30,000,000.

(a) On or before July 15th of each calendar year, the WSLC shall file a written report with the Governor. The report shall describe WSLC=s actual and expected bond issuances for the year and shall identify any allocation WSLC anticipates it will not use before December 31st of the reporting year. The report shall demonstrate WSLC's need to retain the amount of the allocation it does not anticipate using before December 31st of the reporting year.

(b) If the Governor determines that the state and local benefits of tax-exempt financing will be better served by transferring the portion of WSLC@s allocation that it does not anticipate using by December 31st to the general allocation pool, the Governor may, any time after July 15th, declare such portion of the WSLC=s allocation expired, and such portion shall revert to the general allocation pool.

Section 3. General Allocation Pool. The balance of the state authorization after taking into account the program allocations for WCDA and WSLC shall be available for allocation to private activity bonds issued by issuers of such bonds within the State of Wyoming, regardless of whether such issuers are at the state or local level.

(a) Preference allocations may be applied for through November 10th. An applicant who submits and receives a preference allocation must complete the entire process required by these rules and obtain certified allocation by December 31st.

(b) Applications for allocations from the general allocation pool shall comply with the requirements of Chapter 3. Allocations shall be granted based upon consideration of the objectives set forth in Chapter 1, Section 2.

History

Effective 2006-04-26

Chapter 3 General Allocation Pool Applications

Wyo. Code R. 001.0003.3.04262006 General Allocation Pool Applications

CHAPTER 3

GENERAL ALLOCATION POOL APPLICATIONS

Section 1. Date of Application.

(a) An application for a preference allocation from the general allocation pool shall be submitted, on or before November 10th, to the Governor before issuance of the affected private activity bonds.

Section 2. Application Information.

(a) An application for a preference allocation from the general allocation pool shall contain the following information:

(i) General Information:

(A) the Issuing Authority;

(B) the date of adoption of the official intent;

(D) the name, title and address of the person to whom notices should be sent and from whom information can be obtained; and

(E) the name and address of bond counsel.

(ii) Project/Program Information, as applicable:

(A) the amount of the general allocation pool the applicant is requesting be allocated to private activity bonds;

(B) the nature (by classification under the Act and, if applicable, SIC number) and the location of the project or area of operation of the program;

(C) benefit of the project/program to the state or local community, the impact of the project/program on other businesses in the state or local community and the ability of the project/program to meet the objectives set forth in Chapter 1, Section 3;

(D) the present use or conditions of the project site and a statement that the user of the project has obtained a legally enforceable right to acquire the project site;

(E) a proposed starting date and estimated completion date of construction of the project;

(F) information relating to the feasibility of the proposed project, showing that the project or the user will generate revenues and cash flow sufficient to make payments to pay debt service on the bonds;

(G) the amount, source, type and terms and conditions of all capital that will be used for the project in addition to bond financing;

(H) actions that have been taken in anticipation of the bond issue and the anticipated date of the bond issue:

(I) an explanation of the impact on the project if the total allocation is not received;

(J) if the allocation is requested in the same year in which the applicant has already received an allocation, an explanation of why an additional allocation is needed and beneficial to the state or local community, and if an allocation was received in the same or any previous year and the allocation expired or was not fully used, an explanation of why the previous allocation expired before being used or was not fully used;

(K) if the State of Wyoming, or any of its agencies, may be required to pay or assume responsibility for any debt or financial obligation resulting from the issuance of private activity bonds, as a guarantor, assignee or otherwise, the Issuing Authority applying for the allocation shall include comprehensive and detailed identification and explanation of all existing debts or financial obligations, for which the State of Wyoming or its agencies may be held liable, and an explanation of how an additional allocation may affect, increase or otherwise impact the State's or state agency's potential liability for said debts or financial obligations. The Governor may request or require that the Issuing Authority provide a plan designed to reduce or eliminate debts or financial obligations, for which the State of Wyoming or its agencies may be held liable. The Governor may limit, deny or otherwise subject any allocation(s) to compliance with the Governor's request for any such plan or adherence to any approved plan;

(L) statement of the source(s) and use(s) of all funds; and,

(M) statement of any significant risks to the project or the project's financing and any mitigating factors to those risks.

Section 3. Attachments to Application. An application for an allocation from the general allocation pool shall include the following:

(a) a copy of a fully executed official intent or similar official action passed by the Issuing Authority with respect to the project/program; and

(b) a letter from bond counsel for the Issuing Authority or the user, with supporting citations to state law, the Act and any federal regulations, stating that the private activity bonds are eligible for an allocation of the state ceiling and that the Issuing Authority is authorized under the laws and constitution of the state to issue such bonds. For purposes of this requirement, "bond counsel" means an attorney or firm of attorneys listed in the most recently available "Directory of Municipal Bond Dealers of the United States," published by the Bond Buyer and commonly known as the "Red Book," in the section listing municipal bond attorneys of the United States, or the successor publication thereto. The letter from bond counsel shall be signed by the attorney authoring the letter and shall explain the specific basis for bond counsel's opinion that the bonds qualify for an allocation of the state ceiling. If applicable, the letter shall also set forth and explain all calculations for funding the portion of the project that qualifies for an allocation, if the entire project does not qualify.

Section 4. Supplemental Information. The Governor may request that an applicant provide additional written information or make an oral presentation, if the Governor determines such additional information would be useful in evaluating the application. If the Governor requests supplemental information on an application, action shall be suspended until the supplemental information is received. All supplemental information shall be provided promptly to allow the Governor to evaluate and compare applications within the twenty (20) working day period set forth in Chapter 4, Section 1. If the supplemental information is not received in a timely manner, so as to allow the Governor's evaluation of the application, as provided for in Chapter 4, Section 1, the application shall be denied.

History

Effective 2006-04-26

Chapter 4 Preference Allocations

Wyo. Code R. 001.0003.4.04262006 Preference Allocations

CHAPTER 4

PREFERENCE ALLOCATIONS

Section 1. Grant or Denial of Application. Within twenty (20) working days following receipt of an application for allocation from the general allocation pool, the Governor shall issue either a notice of denial of the application or a preference allocation from the general allocation pool, in the amount the Governor determines best meets the objectives set forth in Chapter 1, Section 2. The intent of this rule is that an application may be reviewed upon receipt, and supplemental information may be requested anytime after receipt. Applications shall then be ruled upon based on their relative merits in meeting the objectives set forth in Chapter 1, Section 3. As used in this section, working days shall not include Saturdays, Sundays, legal holidays or any other day on which the Office of the Governor is authorized or required to close. Grant of a preference allocation assures applicant of a certified allocation, conditioned upon applicant's timely completion and submission of the documents required by this Chapter, demonstrating timely use of the allocation.

Section 2. Date of Preference Allocation. The preference allocation shall carry the date of the Governor's approval of the application.

Section 3. Expiration. Unless extended pursuant to Chapter 4, Section 4, a preference allocation from the general allocation pool shall expire and shall not assure a certified allocation unless a copy of a complete and property executed Internal Revenue Service (IRS) Form 8038 and any other form required by the Governor is received by the Governor from the issuer or the user within one hundred twenty (120) calendar days after the date appearing on the preference allocation. In any event, a preference allocation from the general allocation pool shall automatically expire on December 31st at 5:00 p.m.

Section 4. Extension. Any preference allocation may be extended for one additional thirty (30) day periods, provided that before the date of expiration of the preference allocation a request for extension is received by the Governor. In determining whether an extension shall be granted, the Governor shall consider the objectives set forth in Chapter 1, Section 2 of these rules. Within seven (7) working days of receipt of the extension request, the Governor shall approve or deny the extension. As used in this section, working days shall not include Saturdays, Sundays, legal holidays or any other day on which the Office of the Governor is authorized or required to close. A preference allocation may not be extended beyond December 31st.

Section 5. Reversion. In the event that a preference allocation expires in whole or in part, the expired portion of the allocation shall revert back to the general allocation pool, where it shall be subject to application for a new preference allocation, pursuant to Chapter 2. Section 2, or a carryforward allocation, pursuant to Chapter 6.

History

Effective 2006-04-26

Chapter 5 Certified Allocations

Wyo. Code R. 001.0003.5.04262006 Certified Allocations

CHAPTER 5

CERTIFIED ALLOCATIONS

Section 1. Issuance. Within ten (10) working days following receipt of a copy of the IRS Form 8038, and any other form required by the Governor, the Governor shall issue a certified allocation of the state ceiling for the principal amount of the bond issue or the amount of the preference allocation, whichever is less. As used in this section, working days shall not include Saturdays, Sundays, legal holidays or any other day on which the Office of the Governor is authorized or required to close.

Section 2. Date of Certified Allocation. The certified allocation shall carry the same date as the preference allocation.

Section 3. Effect of Issuance. Upon issuance of the certified allocation, the preference allocation shall be vacated up to the amount of the certified allocation. Any unused preference allocation shall expire upon issuance of the certified allocation and shall revert to the general allocation pool, where it shall be subject to application for a new preference allocation or a carryforward allocation.

History

Effective 2006-04-26

Chapter 6 Carryforward Allocations

Wyo. Code R. 001.0003.6.04262006 Carryforward Allocations

CHAPTER 6

CARRYFORWARD ALLOCATIONS

Section 1. Date of Allocation. After November 10th and through December 31st, any issuer of private activity bonds within the state, regardless of whether such issuer is at the state or local level, may submit an application for a carryforward allocation from the general allocation pool. Except as provided in this Chapter, said applicant shall not be entitled to a carryforward allocation but may, if the Governor so determines, receive a substitute allocation made available from the WCDA's annual $90,000,000 allocation up to the amount of carryforward for that particular year as provided in this Chapter and Chapter of these Rules.

Section 2. Automatic Allocation to WCDA. After December 31st, the remaining balance of the General Allocation Pool shall be allocated to the WCDA and carried forward as a carryforward allocation. WCDA shall first be required to provide an application with the certifications identified in Section 3(a) and (b) of this Chapter and shall attach to the application the documents required in Section of this Chapter. The Governor may refuse to grant the carryforward allocation to WCDA if WCDA fails to submit any required application materials, certifications or attachments required by this Chapter, in which event other qualified applicants may receive a carryforward allocation. Between January 1st and March 31st of each year following allocation of a carryforward to the WCDA, WCDA shall, upon request of the Governor, relinquish and make available for general allocation a portion of its annual $90,000,000 allocation up to or equal to the carryforward allocation received by the WCDA. Between April 1st and June 30th of each year following allocation of a carryforward to the WCDA, WCDA shall, upon request of the Governor, relinquish and make available for general allocation a portion of its unused or uncommitted annual $90,000,000 allocation up to or equal to the carryforward allocation received by WCDA.

Section 3. Application Information. An application for a carryforward allocation shall contain the same information as an application for a preference allocation, as applicable. The application shall also provide certifications:

(a) of the issuing authority's intent to issue private activity bonds with respect to the project(s)/program(s) during the three (3) calendar years (or in the case of qualifying pollution control equipment, six (6) calendar years) following the calendar year in which the carryforward arose; and

(b) that any carryforward elected for a project by the issuing authority in any previous calendar year will receive an absolute priority over the current project /program such that the carryforward elected with respect to any project/program shall be used in the order of the calendar year in which they arose.

Section 4. Attachments to Application. The application for carryforward shall include an opinion from bond counsel that the project qualifies for carryforward under the Act and any U.S. Secretary of the Treasury rules or regulations. For purposes of this requirement, "bond counsel" means an attorney or a firm of attorneys listed in the most recently available "Directory of Municipal Bond Dealers of the United States," published by the Bond Buyer and commonly known as the "Red Book," in the section listing municipal bond attorneys of the United States, or the successor publication thereto. The letter from bond counsel shall be signed by the attorney authoring the letter and shall explain the specific basis for bond counsel's opinion that the bonds qualify for an allocation of the state ceiling. If applicable, the letter shall also set forth and explain all calculations for funding the portion of the project that qualifies for an allocation, if the entire project does not qualify. Finally, where applicable, the application shall include a detailed accounting and explanation of how past carryforward allocations have been, or are currently used, including certification that the applicant has complied with 26 U.S.C. ' 146(f)(3) & (5), as amended.

Section 5. Advisory Board. An Allocation Advisory Board, consisting of the Executive Director of the WCDA, the Chief Executive Officer of the Wyoming Business Council, the Director of the Wyoming Student Loan Corporation, the Executive Director of the Wyoming County Commissioners' Association and the Executive Director of the Wyoming Association of Municipalities, may review carryforward applications and any other applications, as deemed necessary, and may make recommendations to the Governor regarding the applications. The Governor shall decide whether or not to grant a carryforward application or allocate the WCDA's substituted annual allocation to any other applicant(s) under these rules.

Section 6. Carryforward Certification Allocation. Within ninety (90) calendar days from the date of bond issuance, the WCDA or any other Issuing Authority shall submit to the Governor a copy of complete and properly executed IRS Form 8038, any carryforward forms required to be submitted to the IRS and any other form required by the Governor and shall have attached a copy of the original carryforward allocation. Within ten (10) working days following receipt of a copy of the IRS Form 8038 and any other form required by the Governor, the Governor shall issue a carryforward certification allocation. The carryforward certification allocation shall be issued for the amount of the carryforward allocation.

History

Effective 2006-04-26

124 Wyoming Lifesaver Program

Chapter 1 Wyoming Lifesaver Program Rules

Wyo. Code R. 001.0008.1.10092015 Wyoming Lifesaver Program Rules

Chapter 1

Wyoming Office of Homeland Security Lifesaver Program Grant Administration Rules

Section 1. Statement of Purpose

(a) These Lifesaver Program Grant Administration Rules are adopted to implement the Wyoming Office of Homeland Security's authority to administer a lifesaver program to provide grants to counties as outlined in W. S. Ann. § 19-13-117. Grant applicants and program participants must not only comply with the mandates established in these rules, but also those established by the Wyoming State Legislature as outlined in W. S. Ann. § 19-13-117.

Section 2. Definitions

(a) As used in these rules:

(i) "Lifesaver Program" means search and rescue program designed to quickly find a person suffering from Down syndrome, brain injuries, autism, Alzheimer's or other dementia related disorders who wanders and becomes lost and missing. The program shall operate on a county basis, under which participants wear transmitters to allow the county sheriff's departments to electronically locate participants if necessary. Participation in the program is on a voluntary basis.

(ii) "Director" means the administrative head of the Wyoming Office of Homeland Security as defined in W. S. § 19-13-102(a)(v).

(iii) "Lifesaver Program Account" means an account consisting of those funds appropriated by the legislature as outlined in W. S. § 19-13-117(g).

(iv) "Wyoming Office of Homeland Security" or "WOHS" means the state agency responsible for the administration of the Wyoming Lifesaver Program account.

(v) "Lifesaver Advisory Committee" means a group of individuals appointed by the Director who represent a county sheriff and one (1) or more representatives from behavioral health, emergency medical services, Project Lifesaver International trainers, and the private sector.

Section 3. Application Procedure

(a) Pursuant to W. S. Ann. § 19-13-117, grant applications shall include but not be limited to:

(i) An estimate of the number of people who might qualify for assistance in the county;

(ii) An estimate of the startup costs associated with the program;

(iii) A statement of the number of personnel available for tracking lost persons; and

(iv) A statement of the local resources available to support ongoing operation of a lifesaver program.

(b) In addition to these statutory requirements, grant applications shall include:

(i) The amount of funding the applicant is requesting (up to $25,000 pursuant to W. S. Ann. § 19-13-117(e)(i));

(ii) A listing of those governmental bodies, private sector organizations, or service organizations contacted or consulted with to support the future operation of the lifesaver program beyond any administered grant funds;

(iii) A statement detailing any commitment of resources for long-term sustainment of the lifesaver program beyond any administered grant funds;

(iv) An item specific breakdown of start up costs to include quantities of transmitters and all associated equipment.

(c) Applications will be available on the Wyoming Office of Homeland Security's website, located at the URL http://hls.wyo.gov/lifesaverprogram.html. An application must be completed in its entirety to be considered and shall be submitted using the online platform at the URL.

(d) Applications themselves must be submitted by any law enforcement agency within the county in conjunction with the Chairman of the County Commission on behalf of the county applying for grant funds.

(e) Once applications are received, they will be reviewed by the Director of the Wyoming Office of Homeland Security in consultation with the Lifesaver Program Advisory Committee as established in Section 4(b)

Section 4. Grant Award Procedures

(a) To assist the Director in prioritizing grant awards in accordance with W. S. Ann. §

19-13-117(e)(ii) a Lifesaver Program Advisory Committee is established.

(b) The Lifesaver Program Advisory Committee will be appointed by the Director with one or more individuals representing the following agencies/organization within the State of Wyoming:

(i) A county sheriff's office;

(ii) Behavioral health;

(iii) The private sector;

(iv) Emergency medical services;

(v) Project Lifesaver International.

(c) The Lifesaver Program Advisory Committee shall act in an advisory capacity to review the completeness of all applications submitted and to make recommendations to the Director regarding the distribution of grant funds. The Director will make the ultimate decision concerning distribution of grant funds.

(d) Although county applicants may request up to $25,000, the Director shall have the authority to award less than or more than the amount requested in the application, not to exceed $25,000 per county.

(e) Priority will be given in accordance with the respective needs of each county for tracking services in addition to consideration of the availability of local funding sources for future sustainment of the program.

(f) Awarded funds shall be administered by the county grants manager or other designee approved by the Board of County Commissioners and shall be expended only in accordance with W. S. Ann. § 19-13-117(f)

(g) Following a grant award, each grant recipient shall submit a final report containing an accounting for all funds expended; the number of individuals currently enrolled in the program; the number of individuals on a waiting list for the program, if any; the number of incidents within the reporting period; average response times for those incidents, and an updated list of any/all donors for future sustainment of the program. Reports shall be submitted electronically to hls-wohs@wyo.gov during the time periods established in Section 5(a)(b).

Section 5. Calendar for Grants

(a) The first grant application period will commence on October 1 through October 31, 2015.

(i) Each grant application will be reviewed with grants awarded prior to November 30, 2015.

(ii) The grant performance period for the first year will begin immediately upon disbursement of funds and end on June 30th, 2016, at which time a final report shall be submitted to the Wyoming Office of Homeland Security.

(b) In subsequent years, eligible counties may submit applications during the application period commencing on July 1st through July 30th of each year.

(i) Each grant application will be reviewed with grants awarded on or before September 1st of each year.

(ii) The grant performance period for each year subsequent to the first grant administration shall commence September 1st of each year and run for twelve months. Final reports shall be submitted to the Wyoming Office of Homeland Security on the Monday immediately following the conclusion of the twelve month performance period.

1-4

History

Effective 2015-10-09

Wyoming Administrative Rules 001 — Governor's Office

117 Good Time Allowance for Inmates of Penitentiary, Honor Farm

Chapter 0 Good Time Allowances for Inmates and Parolees of the Wyoming Department of Corrections

Wyo. Code R. 001.0001.0.07012020 § 1 Authority

Wyo. Code R. 001.0001.0.07012020 § 2 Definitions

Wyo. Code R. 001.0001.0.07012020 § 3 Award of Good Time

Wyo. Code R. 001.0001.0.07012020 § 4 Award of Special Good Time

Wyo. Code R. 001.0001.0.07012020 § 5 Removal and Withholding of Good Time and Special Good Time

Wyo. Code R. 001.0001.0.07012020 § 6 Restoration of Good Time and/or Special Good Time Allowance

Wyo. Code R. 001.0001.0.07012020 § 7 Maximum Sentence

Wyo. Code R. 001.0001.0.07012020 § 8 Award of Parole Good Time

Wyo. Code R. 001.0001.0.07012020 § 9 Removal and Withholding of Parole Good Time

Wyo. Code R. 001.0001.0.07012020 § 10 Restoration of Parole Good Time

Wyo. Code R. 001.0001.0.07012020 § 11 Implementation of These Rules

Wyo. Code R. 001.0001.0.07012020 § 12 Grandfather Clause

122 Homeland Security - Emergency Response Equipment Fee Rules

Chapter 1 General Provisions

Wyo. Code R. 001.0006.1.02032014 General Provisions

121 Homeland Security - General

Chapter 1 General Provisions

Wyo. Code R. 001.0005.1.09262014 General Provisions

Chapter 5 Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 001.0005.5.04072017 § 1 Authority

Wyo. Code R. 001.0005.5.04072017 § 2 Adoption of Uniform Rules

120 Homeland Security - Public Safety Communications Commission, Wyoming

Chapter 1 General Provisions

Wyo. Code R. 001.0004.1.12292006 General Provisions

Chapter 2 Administrative Procedures

Wyo. Code R. 001.0004.2.12292006 Administrative Procedures

Chapter 3 Appeal Procedures

Wyo. Code R. 001.0004.3.12292006 Appeal Procedures

123 Homeland Security - Wyoming Search and Rescue Council

Chapter 1 General Provisions

Wyo. Code R. 001.0007.1.08072020 § 1 General Provisions

Wyo. Code R. 001.0007.1.08072020 § 2 Search and Rescue Council

Wyo. Code R. 001.0007.1.08072020 § 3 Account Uses

118 Information Practices

Chapter 1 Information Practices

Wyo. Code R. 001.0002.1.12161977 Information Practices

Chapter 2 Relocation Assistance Program

Wyo. Code R. 001.0002.2.06061978 Relocation Assistance Program

359 Public Records

Chapter 1 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 001.0009.1.02222017 § 1 Authority

Wyo. Code R. 001.0009.1.02222017 § 2 Adoption of Uniform Rules

119 Tax Exempt Bonds, Allocation for

Chapter 1 General Provisions

Wyo. Code R. 001.0003.1.04262006 General Provisions

Chapter 2 Volume Cap Allocation

Wyo. Code R. 001.0003.2.04262006 Volume Cap Allocation

Chapter 3 General Allocation Pool Applications

Wyo. Code R. 001.0003.3.04262006 General Allocation Pool Applications

Chapter 4 Preference Allocations

Wyo. Code R. 001.0003.4.04262006 Preference Allocations

Chapter 5 Certified Allocations

Wyo. Code R. 001.0003.5.04262006 Certified Allocations

Chapter 6 Carryforward Allocations

Wyo. Code R. 001.0003.6.04262006 Carryforward Allocations

124 Wyoming Lifesaver Program

Chapter 1 Wyoming Lifesaver Program Rules

Wyo. Code R. 001.0008.1.10092015 Wyoming Lifesaver Program Rules

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