Wyoming Administrative Rules 015 — Attorney General

44 24/7 Sobriety Program

Chapter 1 Rulemaking Authority and Definitions

Wyo. Code R. 015.0017.1.07152020 § 1 Authority

.

These rules are promulgated by the authority of Wyoming Statute § 7-13-1705.

History

• Effective 2020-07-15

Wyo. Code R. 015.0017.1.07152020 § 2 Definitions

(a) As used in these rules:

(i) "Drug patch" means any type of device that is affixed to a person's skin that tests for the presence of a controlled substance, as defined in W.S. § 35-7-1002(a)(iv), in the participant's body;

(ii) "Participant" means a person who has been ordered by a court or directed by the Board of Parole to participate in the 24/7 Sobriety Program;

(iii) "Participating entity" means a county sheriff's office or a designated entity named by a sheriff that has agreed to participate in the 24/7 Sobriety Program by enrolling participants, administering one or more of the tests, or submitting reports to the Attorney General;

(iv) "Participating vendor" means the party that will provide the system that will be used to administer the 24/7 Sobriety Program and that will compile the necessary reports;

(v) "Participation agreement" means a written document prepared in a form approved by the Attorney General that contains the following:

(A) A statement, signed by the participant, saying that the participant agrees to participate in the 24/7 Sobriety Program;

(B) The type, frequency, and time period of testing;

(C) The testing site location;

(D) The fees and payment procedures required for testing; and

(E) The responsibilities and obligations of the participant under the 24/7 Sobriety Program.

1-1

History

• Effective 2020-07-15

Chapter 2 Enrollment, Testing and Fees

Wyo. Code R. 015.0017.2.07152020 § 1 Enrollment

(a) A participating entity shall be provided with a copy of the order from a court or directive from the Board of Parole before enrolling a participant.

(b) A participant placed on the 24/7 Sobriety Program shall be enrolled by a representative of a participating entity as provided in the order or directive.

(c) The participating entity shall enter the participant's information into the reporting system provided by the participating vendor.

(d) The participant shall execute a participation agreement and provide written waivers to the participating entity to allow the release of program information for enforcement and reporting purposes. If the participant refuses to execute the agreement in full, the participant shall be denied participation in the program.

(e) The participating entity shall also provide the participant with information regarding any test ordered or directed, the applicable procedures, and the applicable fees.

(f) The participating entity shall not enroll a person in the 24/7 Sobriety Program if any fees were waived without the consent of the Attorney General.

History

• Effective 2020-07-15

Wyo. Code R. 015.0017.2.07152020 § 2 Types of testing authorized to detect the presence of alcohol

(a) A participant who has been ordered or directed to submit to alcohol testing shall do so through in-person twice-daily breath tests on a device designed to detect the presence of alcohol in the test subject's breath. A participant who has been ordered to submit to in-person twice-daily breath tests shall report to the participating entity's testing location at the times determined by the participating entity, and not less than ten (10) hours and not more than fourteen (14) hours between each test.

(b) As an alternative to (a) of this section, a participant may be ordered to submit to monitoring on either a remote electronic alcohol monitoring device, or a remote breath testing device. This decision is solely within the discretion of the court or the Board of Parole. Factors to be considered in determining whether to use these devices shall include whether:

(i) a device is available;

(ii) the participant is capable of paying the fees and costs associated with the device;

(iii) the participant is capable of using the device; and

(iv) the participant does not qualify for in-person twice-daily breath tests because of one or more of the following:

(A) the participant lives in a rural area and submitting to in-person twice-daily breath tests would be unduly burdensome; or

(B) the participant's employment requires job performance at a location remote from the testing location and submitting to in-person twice-daily breath tests would be unduly burdensome.

(c) For the purposes of this section, the devices need not comply with the Wyoming Department of Health's Rules and Regulations for Chemical Analysis for Alcohol Testing.

History

• Effective 2020-07-15

Wyo. Code R. 015.0017.2.07152020 § 3 Types of testing authorized to detect the presence of a controlled substance

(a) Except as provided in (b) of this section, a participant ordered to submit to drug testing shall do so through urine or saliva testing. The frequency of the urine or saliva testing shall be determined by the court or Board of Parole.

(b) As an alternative to (a) of this section, a participant may be ordered to use a drug patch designed to monitor the presence of a controlled substance. The use of this alternative is solely within the discretion of the court or Board of Parole. Factors to be considered in determining whether to use this device include whether:

(i) a patch is available;

(ii) the participant is capable of paying the fees and costs associated with the drug patch;

(iii) the participant is capable of wearing the drug patch; and

(iv) the participant does not qualify for urine or saliva testing because of one or more of the following:

(A) the participant lives in a rural area and submitting to urine or saliva testing would be unduly burdensome;

(B) the participant's employment requires job performance at a location remote from the testing location and submitting to urine or saliva testing would be unduly burdensome; or

(C) the participant has violated the 24/7 Sobriety Program while submitting to urine or saliva testing and poses a substantial risk of future violation.

History

• Effective 2020-07-15

Wyo. Code R. 015.0017.2.07152020 § 4 Testing procedures

(a) A participating entity shall post hours of operation at the testing location.

(b) Prior to each test administered, the participating entity shall verify the participant's identity.

(c) The participating entity shall maintain a daily sign in record and each participant shall print and sign their names prior to submitting to testing.

(d) The participant shall pay the required testing fee prior to submitting to testing.

(e) A participating entity shall contemporaneously record all participant testing results using the reporting and data management system provided by the participating vendor.

(f) If a test indicates the presence of alcohol or a controlled substance, or if the participant fails to appear for testing, the participating entity shall immediately notify law enforcement.

History

• Effective 2020-07-15

Wyo. Code R. 015.0017.2.07152020 § 5 Testing fees

(a) A participant submitting to in-person twice-a-day breath testing shall pay a fee of two dollars ($2) for each test.

(b) A participant submitting to urine testing shall pay a fee of ten dollars ($10) for each test.

(c) A participant submitting to the use of a drug patch shall pay a fee of forty-five dollars ($45) for each drug patch provided.

(d) A participant submitting to saliva testing shall pay a fee of ten dollars ($10) for each test.

(e) A participant submitting to remote electronic alcohol monitoring shall pay a daily fee of four dollars ($4). In addition, the participant shall be responsible for paying the cost of obtaining the necessary remote electronic alcohol monitoring device directly to the vendor, as approved by the participating entity.

(f) A participant submitting to remote breath testing shall pay a daily fee of four dollars ($4). In addition, the participant shall be responsible for paying the cost of obtaining the necessary remote breath testing device directly to the vendor, as approved by the participating entity.

History

• Effective 2020-07-15

Wyo. Code R. 015.0017.2.07152020 § 6 Enrollment fees

(a) The participant shall pay a fee of thirty dollars ($30) each time the participant is enrolled in the 24/7 Sobriety Program.

(b) A participant submitting to either remote electronic alcohol monitoring or remote breath testing shall, in addition to the enrollment fee, pay the cost of the activation and deactivation of the device in accordance with the vendor agreements. The total cost of the activation and deactivation of the device shall not exceed one hundred dollars ($100) and shall be due upon enrollment.

History

• Effective 2020-07-15

Wyo. Code R. 015.0017.2.07152020 § 7 Collection, distribution, and use of fees

(a) A participant shall pay all fees directly to the participating entity.

(b) All fees are non-refundable.

(c) A participating entity shall remit all fees on the first of each month to the State Treasurer, through the Attorney General, to be credited to the 24/7 Sobriety Program account.

(d) Upon request by the Attorney General, the State Auditor shall distribute a portion of the testing fees to the participating vendors in accordance with the vendor agreements.

(e) After paying the participating vendors, the remainder of the testing and enrollment fee proceeds shall be divided in the following manner:

(i) Seventy-five percent (75%) shall be returned to the participating entity;

(ii) Twenty-five percent (25%) shall be retained by the State Treasurer in the 24/7 Sobriety Program account.

(f) All fee proceeds shall be used only for the purposes of administering the 24/7 Sobriety Program.

History

• Effective 2020-07-15

28 Concealed Firearms

Chapter 1 General Provisions

Wyo. Code R. 015.0001.1.04142017 General Provisions

1111

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. These rules are promulgated by the authority of Wyo. Stat. Ann. § 6-8-104, as amended.

Section 2. Purpose of the Rules. These rules are intended to create fair and reasonable rules of practice and procedure for issuing, denying, and revoking concealed firearm permits. They also define the duties and obligations of each agency and office which may become involved in the permitting process.

Section 3. Statutory changes. Whenever these rules refer to Wyoming statutes, and those statutes are renumbered or amended, these rules shall be interpreted to reflect such changes.

History

• Effective 2017-04-14

Chapter 2 Definitions

Wyo. Code R. 015.0001.2.11072017 § 1 Definitions

(a) As used in these rules:

(i) "Applicant" means the person seeking a concealed firearm permit under W.S. 6-8-104;

(ii) "Attorney General" means the Attorney General of the State of Wyoming;

(iii) "Director" means the Director of the Division of Criminal Investigation within the Office of the Attorney General of the State of Wyoming as defined by W.S. § 9-1-611;

(iv) "Documentary evidence" means evidence furnished by written instruments, inscriptions, or documents of any kind;

(v) "Domicile" means the place where a person has his true, fixed, and permanent home, to which whenever the person is temporarily absent that person has the intention of returning. To establish domicile in Wyoming a person shall prove that he:

(A) Physically resides in Wyoming;

(B) Has made his permanent home in Wyoming;

(C) Is not residing in Wyoming for special or temporary purpose; and

(D) Has abandoned his/her domicile in all other states, territories or countries.

(vi) "Military Spouse" means an individual who maintains Wyoming residency and is legally married to a Wyoming resident who is an active duty military member stationed outside of the state of Wyoming;

(vii) "Peace officer" means any law enforcement officer as defined by W.S. § 7-2-101;

(viii) "Permit" means the concealed firearm permit issued under the authority of W.S. § 6-8-104;

(ix) "Permittee" means the holder of a concealed firearm permit;

(x) "Permanent Address" is the address of an applicant's domicile at the time of application;

(xi) "Qualified Applicant" means a person who meets all criteria in W.S. § 6-8-104, whether seeking a new or renewal permit;

(xii) "Resident of the United States" means a permanent lawful resident of the United States or United States Citizen;

(xiii) "Resident of Wyoming" is a person who domiciles in Wyoming;

(xiv) "Sheriff" means any duly qualified and acting Sheriff or his Undersheriff or Deputy to whom the Sheriff's duties hereunder may have been delegated by the Sheriff;

(xv) "Social Security Number" means the social security number assigned by the Social Security Administration to the applicant, or other tracking and identification numbers or letters deemed appropriate by the Division;

(xvi) "State" means any state or territory of the United States of America and the District of Columbia;

(xvii) "Wyoming driver's license" means a driver's license issued by the Wyoming Department of Transportation which has not expired as indicated by the expiration date on the license;

(xviii) "Wyoming driver's license number" means the number assigned by the Wyoming Department of Transportation to all persons issued Wyoming driver's licenses, or other tracking and identification numbers or letters deemed appropriate by the Wyoming Department of Transportation to be placed upon concealed firearm permits when the applicant does not have a Wyoming driver's license;

(xix) The singular includes the plural, the plural the singular, and the masculine the feminine or neuter when consistent with the intent of these rules and necessary to affect their purpose.

History

• Effective 2017-11-07

Chapter 3 Application Process & Procedures

Wyo. Code R. 015.0001.3.11072017 Application Process & Procedures

CHAPTER 3

APPLICATION PROCESS AND PROCEDURES

Section 1. Applications; Contents and Procedure.

(a) Concealed firearm permit applications shall be made available by the Division to all Sheriffs' Offices, to qualified applicants upon request, and through the Division's website. Except as provided in Section 7 of this chapter, completed concealed firearm permit applications shall be submitted in person to the qualified applicant's county of residence Sheriff's office.

(b) Within 5 business days after submitting the completed application package to the Sheriff in person, the applicant shall bring a copy of his completed permit application to the nearest driver's license office for his photograph to be taken on a permit template. The permit template shall then be marked to show the appropriate expiration date. A new photo shall be taken in all original and renewal permit submissions.

(c) The Sheriff shall note on each application the date on which it was received from the applicant and within 30 days upon receipt shall deliver original and renewal applications and fees, along with the Sheriff's checklist, to the Division.

(d) The Sheriff's duties shall be listed on a checklist form and the Sheriff shall certify each duty as it has been completed.

(e) The Division shall deliver the permit, if issued, to the Sheriff's Office of the qualified applicant's county of residence. The Sheriff's Office shall promptly notify the qualified applicant, and shall distribute the permit to the qualified applicant personally after verifying the qualified applicant's identity.

(f) Notices of denial shall be mailed by certified mail to the applicant at the address shown on the application form.

(g) The Department of Transportation shall assign a number according to its regular procedure at the time the qualified applicant's photograph is taken.

(h) The front of the permit shall be labeled "Wyoming Concealed Firearm Permit" at the top and shall show the qualified applicant's legal name, address, date of birth, permit number and physical description, including sex, height, weight, and eye and hair color. The permit shall also display the expiration date of the permit and a color photograph of the qualified applicant. The photograph shall be placed on the front of the permit. The permit shall display a specific Division approved design or logo that will distinguish it from a Wyoming driver's licenses. The permit shall be sealed in a clear, tamper resistant plastic.

(i) The back of the permit shall list the places where W.S. § 6-8-104 prohibits the carrying of concealed weapons. The back of the permit shall also include a statement that a violation of W.S. § 6-8-104 or any conviction for any felony or specified misdemeanor shall be cause for the immediate revocation of the permit and that the permit may be seized by any arresting law enforcement officer and returned to the Division.

(j) Every qualified applicant for a permit shall provide the Division with his social security number unless written documentation is provided showing proof acceptable to the Division that he has satisfied the federal Social Security Administration and the Internal Revenue Service that his seriously held religious beliefs would be violated by use of his social security number. In the event that the qualified applicant provides satisfactory documentation, the Department of Transportation shall assign a special number provided by the Federal Highway Administration for identification and system tracking purposes.

Section 2. Renewal Applications.

(a) Any qualified applicant may renew his permit during the 6 month period before the expiration date of the permit. The applicant may also have the opportunity to renew his permit for up to 6 months after the expiration date.

(b) Sheriffs shall deliver renewal applications and fees to the Division within 30 business days of their receipt along with the Sheriffs' checklist.

(c) An approved qualified applicant's permit shall be renewed for a five year period upon receipt of the renewal application and proper fee by the Division.

(d) The Division shall send the renewal permit, if issued, to the Sheriff's Office that submitted the renewal application. The qualified applicant shall pick up the renewal permit from the Sheriff's Office and surrender the original permit at that time. The original permit shall be returned to the Division.

Section 3. Reissuance of permit upon change of name.

(a) Change of name by any legal proceeding shall be made upon submission of an application for such change. A certified copy of the official document which effectuates the name change shall be submitted with the application. Procedures for a changed name permit shall be as provided by the Division. The permittee shall surrender his original permit before receiving the changed permit. Fees associated with the issuance of a changed name permit shall equal to the amount required by the Wyoming Department of Transportation for issuance of the physical permit card.

Section 4. Evidence of Wyoming Residency.

(a) An applicant shall provide evidence of residency at the time his application package is delivered in person to the Sheriff. A Sheriff may accept as documentary evidence of residency any of the following:

(i) Applicant's Wyoming driver's license displaying his current Wyoming address;

(ii) Applicant's Wyoming ID card displaying his current Wyoming address;

(iii) Any other type of evidence of residency that sufficiently establishes Wyoming residency in the discretion of the Division.

(b) If the applicant does not provide either form of acceptable documentary evidence, he shall submit a "Resident of Wyoming Oath" that is part of the permit application, which has been completed and signed by the qualified applicant. Such oath shall be on a form provided by the Division.

Section 5. Payment of Fees.

(a) All fees shall be collected through the Sheriff's Office in the county in which the qualified applicant applied and shall then be forwarded to the Division. For each individual application, payment shall be submitted in the form of a money order, certified check, or a Sheriff's Office business check.

Section 6. Requirements for fingerprinting.

(a) A standard 8x8 blue fingerprint card shall be used for the purpose of fingerprinting applicants for permits and may be obtained through either the State of Wyoming or the Federal Bureau of Investigation. The fingerprint card shall contain the following information regarding the applicant:

(i) Name;

(ii) Signature of applicant fingerprinted;

(iii) All aliases used;

(iv) Date of birth;

(v) Citizenship;

(vi) Sex, race, height, weight, eye color, hair color, and place of birth;

(vii) Residence address of applicant fingerprinted;

(viii) Date fingerprints were taken, and signature and title of person taking them;

(ix) Armed forces number if available;

(x) Social security number; and

(xi) Reason fingerprinted.

(b) All information shall be either typewritten or printed legibly on the fingerprint cards. Failure to do so, or failure to follow the requirements stated in this section, may result in the card being returned to the Sheriff.

(c) When fingerprint cards are received for which one or more of the Division's guidelines for obtaining classifiable prints has not been met, the Division shall notify the qualified applicant and advise him that re-fingerprinting shall be necessary before the application can be processed. Re-fingerprinting shall be done at no additional cost to the applicant, and the Sheriff shall then submit the new fingerprint card to the Division.

Section 7. Applications and Procedure - Active Duty Military, and their Military Spouses, Stationed Outside the State of Wyoming.

(a) The following provisions govern active duty military, and their military spouses, stationed outside the state of Wyoming:

(i) Completed concealed firearm permit applications shall be submitted to the Division with the appropriate fees for a new or renewal application by money order or cashier's check only;

(ii) Documents to accompany the application in addition to documents required in W.S. 6-8-104 are as follows:

(A) Current Leave and Earnings statement demonstrating Wyoming residency;

(B) Current Permanent Change of Station Orders;

(C) 2 x 2 Passport Photo;

(D) Base Commander Checklist;

(E) Sheriff's Office Checklist for applicant's county of residence;

(F) Chief of Police Checklist for the applicant's city or municipality of residence. If applicant resides outside the jurisdiction of a local police department, this subsection shall not apply;

(G) For military spouse applicants, applicant shall also submit certified copy of marriage certificate.

(iii) The Division shall deliver the permit via Certified Mail to the qualified applicant;

(iv) The renewal application process for active duty military, and military spouses, stationed outside the state of Wyoming shall be the same as the initial application process with the exception of submitting fingerprints and the firearms proficiency document.

History

• Effective 2017-11-07

Chapter 4 Revocation of Permits

Wyo. Code R. 015.0001.4.04142017 Revocation of Permits

1114

CHAPTER 4

REVOCATION OF PERMITS

Section 1. Revocation.

(a) A permit issued under W.S. § 6-8-104 shall be revoked by the Division if the permittee subsequently becomes ineligible to be issued a permit under W.S. § 6-8-104, including:

(i) If the Division subsequently determines that the permittee has been or is reasonably likely to be a danger to himself or others, or to the community at large, as a result of the permittee's mental or psychological state, as demonstrated by a past pattern or practice of behavior, is subject to a Court Order that prohibits the possession of firearms or participation in incidents involving a controlled substance, alcohol abuse, violence or threats of violence.

(b) Any revocation shall become effective immediately upon a revocation determination of the Division. The permit holder shall be notified of the revocation by certified mail.

(i) Any notice of revocation mailed by the Division to a permittee at the address shown upon the application, or to any changed address which the permittee has notified the Division of in writing, and which cannot be delivered to the permittee at such address, or which is refused by the permittee or by anyone acting on his or her behalf, shall become effective upon the third day after delivery of said notice to the U.S. Postal Service.

(c) If a permit is revoked, the permittee may re-apply pursuant to W.S. § 6-8-104.

History

• Effective 2017-04-14

Chapter 5 Miscellaneous Provisions

Wyo. Code R. 015.0001.5.04142017 Miscellaneous Provisions

1115

CHAPTER 5

MISCELLANEOUS PROVISIONS

Section 1. Savings Clause. If any provision of these regulations is held to be invalid or unconstitutional, such a ruling shall not affect other provisions of these regulations which can be given effect without the invalid or unconstitutional provision and, to this end, the provisions of these regulations are severable.

Section 2. Time Computation. Any period of time prescribed or allowed by these rules, or by any applicable statutes, shall be determined in accordance with the provisions of Rule 6 of the Wyoming Rules of Civil Procedure.

Section 3. Number of Permits. No person shall apply for or receive or hold more than one permit, except as otherwise provided for the issuance of duplicate licenses.

History

• Effective 2017-04-14

47 Coroner Standards, Board of

Chapter 0 Appendix A

Wyo. Code R. 015.0020.0.05212009 Appendix A

APPENDIX A

7-4-104. Definitions.

(a) As used in this chapter:

(i) "Coroner's case" means a case involving a death which was not anticipated and which may involve any of the following conditions:

(A) Violent or criminal action;

(B) Apparent suicide;

(C) Accident;

(D) Apparent drug or chemical overdose or toxicity;

(E) The deceased was unattended by a physician or other licensed health care provider;

(F) Apparent child abuse causes;

(G) The deceased was a prisoner, trustee, inmate or patient of any county or state corrections facility or state hospital, whether or not the death is unanticipated;

(H) If the cause is unknown or cannot be certified by a physician;

(J) A public health hazard is presented; or

(K) The identity of the victim is unknown or the body is unclaimed.

(ii) "Coroner's office" means all personnel appointed and elected to the office of coroner, including the county coroner, deputies and assistants;

(iii) "County coroner" means the elected or appointed officer of the county whose task is to investigate the cause of death in a coroner's case;

(iv) "Anticipated death" means the death of an individual who had been diagnosed by a physician acting within the scope of his license as being afflicted with an illness or disease reasonably likely to result in death, and there is no cause to believe the death occurred for any reasons other than those associated with the illness or disease;

(v) "Unattended" means the deceased had not been under the care of a physician or other health care provider acting within the scope of his license within sixty (60) days immediately prior to the date of death.

History

• Effective 2009-05-21

Chapter 1 General Information

Wyo. Code R. 015.0020.1.05212009 General Information

CHAPTER 1

GENERAL INFORMATION

Section 1. Purpose. The purpose of the Board of Coroner Standards is to raise and maintain the level of competence within the coroner's office by:

(a) Establishing minimum standards for the training and education of coroners and deputy coroners;

(b) Planning and promoting the development and improvement of a comprehensive program of education and training in the administration of medical legal death investigation;

(c) Maintaining liaison among local, state and federal agencies with respect to coroner's education and training.

Section 2. Statutory Authority. These rules are promulgated pursuant to W.S.7-4-211(c).

Section 3. Definitions.

(a) "Board" means the Board of Coroner Standards, created by W.S. 7-4-211(a).

(b) "Coroner" means the elected or appointed officer of the county whose task is to investigate the cause of death in a coroner's case.

(c) "Coroner's Office" means all personnel appointed and elected to the office of coroner, including the county coroner, deputies and assistants.

(d) "Deputy Coroner" means any individual assigned by a coroner to investigate deaths as set forth in W.S. 7-4-104, and shall include assistant coroners and any other investigator.

(e) "Director" means the executive director of the Peace Officers Standards and Training Commission (P.O.S.T.).

(f) "School" shall mean any school, college, university, academy or local training program which offers coroner's training. This term includes within its meaning a combination of courses, curriculum, instructors and facilities as approved by the Peace Officers Standards and Training Commission in conjunction with the Board.

(g) "The Act" means W.S. 7-4-103, 7-4-104, 7-4-211, 9-1-634 and 9-1-702(g).

Section 4. Time Computation. In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. As used in this rule, "legal holiday" includes New Year's Day, Washington's Birthday, Memorial Day, independence Day, Labor Day, Martin Luther King, Jr., Wyoming Equality Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the governor or the legislature of the State of Wyoming.

Section 5. Board Meetings. The Board shall meet upon call of the chairman as often as necessary to carry out its responsibility. Meetings are open to the public. A majority of the members of the Board constitutes a quorum for the transaction of official business. Minutes shall be kept of all meetings, and a draft submitted to the Director. Upon approval by the Board the minutes shall be maintained by the Director.

(a) Meetings and hearings shall be separate functions.

(b) At least two meetings shall be held each year. W.S. 7-4-211(c).

History

• Effective 2009-05-21

Chapter 2 Minimum Standards for Employment

Wyo. Code R. 015.0020.2.09122011 Minimum Standards for Employment

CHAPTER 2

MINIMUM STANDARDS FOR EMPLOYMENT

Section 1. General Provisions.

(a) Every applicant for employment as a deputy coroner or as an employee of a county coroner in or for the State of Wyoming must meet the following standards and requirements:

(i) Be a United States citizen;

(ii) Be an adult;

(iii) Provide to the employing coroner fingerprints and other information necessary for a state and national criminal history record background check and release of information as provided in WS 7-19-106(k)(ii) and federal P.L.92-544 and consent to the release of any criminal history information to the employing coroner.

(v) Not have been convicted by any state or federal government of a felony;

(v) Complete all paperwork required by the Board or Director;

(vi) Hold a high school diploma or evidence of an equivalent achievement.

(b) Every applicant for certification as a coroner or deputy coroner in or for the State of Wyoming must: submit an Initial Employment Form to the Director of P.O.S.T. within fifteen (15) days of his or her employment.

(c) The standards set forth in W.S. 7-4-103 concerning coroner and deputy coroner qualifications shall be deemed minimum standards and in no way preclude counties from establishing higher employment standards.

History

• Effective 2011-09-12

Chapter 3 Certification

Wyo. Code R. 015.0020.3.05212009 Certification

CHAPTER 3

CERTIFICATION

Section 1. Minimum Standards for Certification.

(a) Every person who is elected or appointed as a coroner or deputy coroner in or for the State of Wyoming must satisfactorily complete a Board approved basic coroners' course within one (1) year from the date of appointment, as required by W.S. 7-4-103.

(i) A coroner or deputy coroner that completes a Board approved basic coroners' course not provided by the Wyoming Law Enforcement Academy (WLEA) must also complete a Wyoming Criminal Law and Procedures class which includes all subjects covered in that class during a WLEA coroners' basic course.

(b) Upon meeting the Minimum Standards for Employment in Chapter 2 of these rules and satisfactory completion of these minimum standards for certification, the coroner or deputy coroner will be certified by the Director.

(c) Certification of appointees shall not be deemed indefinite. Certification shall be effective for two (2) years following basic training and upon issuance of certification by the Board and the Executive Director of the Peace Officers Standards and Training Commission. Renewal of certification shall be subject to satisfactory completion of continuing education requirements promulgated by the board of coroners standards pursuant to W.S. 7-4-211(c)(iii).

(d) Requirements for the basic training program are set forth by the Board and the Wyoming Peace Officers Standards and Training Commission.

Section 2. Coroners' Basic Training Program.

(a) The basic coroners' training course curriculum shall be approved yearly by the Board.

3-1

History

• Effective 2009-05-21

Chapter 4 Satisfaction of Minimum Training Requirements

Wyo. Code R. 015.0020.4.05212009 Satisfaction of Minimum Training Requirements

CHAPTER 4

SATISFACTION OF MINIMUM TRAINING REQUIREMENTS

Section 1. Minimum Continuing Educational Requirements.

(a) Every coroner or deputy coroner who holds certification is hereby required to meet the continuing educational requirements of twenty (20) hours each two (2) year period.

(b) The continuing educational requirements must be completed no later than two (2) years following the date of satisfactory completion of a required basic coroners' course and each two (2) year period thereafter.

Subject matter must be related to the duties of coroners.

(c) Upon completion of the continuing educational requirements the coroner or deputy coroner will be recertified by the Director.

(d) Failure of any coroner or deputy coroner to complete requirements of continuing education standards as provided by W.S. 7-4-211(c)(iii) shall result in denial of recertification by the Director.

(e) Any previously certified coroner or deputy coroner who has been denied certification or whose certification has lapsed must successfully complete a required basic coroners' course within 1 year from the date of appointment, as required by W.S. 7-4-103.

Section 2. Credit for College Semester Hours.

(a) Job related semester credits will be equivalent to ten (10) P.O.S.T. training hours.

(b) College hours can only be applied to continuing education training requirements.

Section 3. Accreditation of Continuing Education or In-Service Training Programs.

(a) A request for accreditation of continuing education or in-service training courses must be completed and submitted to the Peace officers Standards and Training Commission no less than twenty (20) days prior to the start of the scheduled training. The Director shall act on the request within five (5) working days after receipt of the request.

(i) Accreditation requests for training shall include an outline of the course which includes a break down of hours of instruction for the course.

(b) Requirements of the continuing education or inservice training program, which shall be included in the request for accreditation, are:

(i) Subject matter must be related to the duties of the coroner;

(ii) Only courses which meet or exceed one (1) hour of training will be approved;

(iii)  Accreditation will not be granted for roll-call training, field training programs or training involving the exclusive use of tapes, video tapes and training films unless prior approval is granted by the Board.

(c) The program must provide for a written attendance record. Students enrolled in the training course must attend a minimum of 90% of the course in order to receive accreditation. Partial credit shall not be granted.

(d) A Notice of Course Completion form provided by the Director must be completed, signed by the course coordinator and mailed to the Board upon completion of the course. Training hours cannot be validated until the Notice of Course Completion has been received.

(e) Courses that have hot been pre-approved by the Director may be submitted for credit provided a certificate of successful completion showing one (1) hour or more of training is sent to the Director. If a certificate does not show hours attended, a course outline showing hours attended shall be sent with the certificate before credit will be granted.

(f) Video training, internet training, and law enforcement teleconferencing courses

(i) All training via these media must be tested.

(ii) Certification of the different training programs will be left at the discretion of the Board.

(iii) Coroners and Deputy Coroners can acquire up to one half of the mandated continuing education training hours through these media.

4-2

History

• Effective 2009-05-21

Chapter 5 Minimum Standards for Instructors

Wyo. Code R. 015.0020.5.05212009 Minimum Standards for Instructors

CHAPTER 5

MINIMUM STANDARDS FOR INSTRUCTORS

Section 1. Minimum Standards for Instructors.

(a) The Director shall certify instructors. Certification will be made on the basis of documented qualifications as shown on the applicant's application for certification.

(b) The Director may deny, or the Peace Officers Standards and Training Commission may suspend or revoke an instructor's certification when the Director finds that the person:

(i) Has failed to meet any of the requirements or qualifications for certification;

(ii) Has failed to remain currently knowledgeable in the person's area of expertise;

(iii) Demonstrates instructional incompetence; or

(iv) Is in violation of the Rules.

(c) Prior to the Peace Officers Standards and Training Commission's action suspending or revoking certification, or the Director's denial of certification, the Director shall notify the individual involved of the deficiency prompting the action. If the deficiency is of such nature that it can be easily corrected the Director may assist the individual in correcting the deficiency before final action is required. If, however, the instructor or applicant is found to be in violation of these rules and the Director's informal efforts have failed or have been deemed inappropriate the Board's suspension or revocation or the Director's denial will be final.

History

• Effective 2009-05-21

Chapter 6 Standards Dealing with the Investigation of Coroner's Cases

Wyo. Code R. 015.0020.6.05212009 Standards Dealing with the Investigation of Coroner's Cases

CHAPTER 6

STANDARDS DEALING WITH THE INVESTIGATION OF CORONER'S CASES

Section 1. Definitions. W.S. 7-4-104 is appended to these standards as Appendix A and adopted and incorporated herein.

Section 2. Conduct. Coroners shall act in accordance with all relevant state and federal law. In addition, in dealing with the deceased, the family of the deceased, and the general public, the Coroners shall conduct themselves in a manner consistent with the highest standards of professionalism, compassion, and respect.

Section 3. General.

(a) The Coroner shall work jointly with all law enforcement agencies having jurisdiction in a death scene investigation.

(b) The Coroner has jurisdiction over and shall take custody of the body.

(c) The Coroner shall assume responsibility for the property of the deceased.

(d) Evidence is the responsibility of law enforcement and/or the Coroner.

(e) The Coroner shall protect the chain of custody for any evidence in their custody.

(f) The Coroner shall provide for transportation, security, and preservation of the deceased until released to the next of kin or their designee.

(g) The Coroner shall pronounce death, and record the date, time, and location.

(h) The Coroner shall provide for the notification of next of kin.

(i) The Coroner shall provide the office staff and investigators:

(i) Safe and adequate equipment to perform any duties of the office; and

(ii) Adequate and appropriate safety and personal protective equipment suitable for the circumstances of the investigation.

Section 4. Investigations.

(a) The Coroner shall identify the deceased and determine the Manner and Cause of death as accurately as possible.

(b) In determining the Manner and Cause of death, the investigation shall include:

(i) Scene Investigation;

(ii) Toxicology sample on the deceased;

(iii) Inventory of property, evidence, and medications;

(iv) Photographs;

(v) External Exam; and

(vi) DNA sample.

(c) The Coroner shall issue a written report for all death investigations. The written reports may include but are not limited to, data from measuring devices, diagrams, evidence and body labeling, interviews, psychological and social histories, medical histories and consultation with physicians, autopsy, fingerprints, radiology, odontology, or DNA profiles or any other method necessary to determine the cause and manner of death.

(d) Investigations requiring a forensic autopsy of the deceased shall be conducted by a Forensic Pathologist who has been certified in that specialty by a nationally recognized certification board.

(e) All investigations will be completed in a reasonable time. The term ‘reasonable time' is defined as that time period necessary to complete and collect data and information from toxicology, autopsy, or other investigation procedures, to determine with medical certainty a manner and cause of death.

Section 5. Records. The Coroner shall maintain all public records in accordance with W.S. 9-2-405 through 9-2-413.

History

• Effective 2009-05-21

Chapter 7 Forms

Wyo. Code R. 015.0020.7.05212009 Forms

CHAPTER 7

FORMS

Section 1. Initial Employment Form.

The application by a coroner or deputy coroner for certification shall be made by completing the Initial Employment Form provided by the Director. APPLICATION MUST BE SUBMITTED TO P.O.S.T. WITHIN 15 DAYS OF APPOINTMENT.

Section 2. Education and Training Record.

Education and training experience of the applicant must be submitted with the Initial Employment Form. Course certificates and course outlines must be attached.

Section 3. Personnel Change-In-Status Form.

The application by a coroner or deputy coroner for separation shall be made by completing applicable parts of the Personnel Change- In-Status Form. (THIS FORM MUST BE SUBMITTED TO P.O.S.T. WITHIN 15 DAYS OF CHANGE IN STATUS.)

Section 4. Request for Accreditation of In-Service Training Course.

The Request for Accreditation of In-Service Training Course shall be completed and submitted to P.O.S.T. fifteen (20) days prior to the training course.

Section 5. Application for Instructor Certification.

The application to be completed by an instructor to be submitted to the Director for approval of instructor certification.

Section 6. Other Forms.

The Director shall be responsible for the content and format of all forms used in connection with these rules. Additionally, the Director may adopt forms as necessary to facilitate accomplishment of the various procedures and requirements created by these Rules.

History

• Effective 2009-05-21

34 Crime Assistance Program, Victims

Chapter 0 Chapters 1 - 9

Wyo. Code R. 015.0007.0.04011997 Chapters 1 - 9

Does not fall under the Administrative Procedures Act (Not available electronically)

History

• Effective 1997-04-01

1423 Criminal Investigation - Cold Case Database

Chapter 1 Wyoming Cold Case Database

Wyo. Code R. 015.0025.1.10232024 § 1 Authority

These rules are promulgated by the authority of Wyoming Statute § 9‑1‑624(a)(vii)(B), which requires that the Wyoming Division of Criminal Investigation adopt rules specifying the information law enforcement agencies must submit to the Division of Criminal Investigation for inclusion in the Wyoming Cold Case Database.

History

• Effective 2024-10-23

Wyo. Code R. 015.0025.1.10232024 § 2 Purpose

These rules are intended to create the procedure for submission of cold cases and cold case information into the Wyoming Cold Case Database. They also define the duties and obligations of each agency and office which may become involved in the process.

History

• Effective 2024-10-23

Wyo. Code R. 015.0025.1.10232024 § 3 Statutory Changes

Whenever these rules refer to Wyoming statutes, and those statutes are renumbered or amended, these rules shall be interpreted to reflect such changes.

History

• Effective 2024-10-23

Wyo. Code R. 015.0025.1.10232024 § 4 Definitions

(a) "Cold case" means a homicide or felony sexual offense that occurred after January 1, 1972 and remains unsolved for two (2) years or more after being reported to a law enforcement agency.

(b) "Division" means the Wyoming Division of Criminal Investigation.

(c) "Law enforcement agency" means a government entity employing peace officers responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory or criminal laws.

(d) "Database" means the Wyoming Cold Case Database.

History

• Effective 2024-10-23

Wyo. Code R. 015.0025.1.10232024 § 5 Case and Information Submission Procedure

(a) The Division will utilize an electronic form submission to receive cold case data from law enforcement agencies that will in-turn populate the database.

(b) Each law enforcement agency shall populate the database by submitting the following information using the division-provided electronic form:

(i) Original agency that investigated the case;

(ii) Original investigators who investigated the case;

(iii) Current agency investigating the case;

(iv) Current investigators who are investigating the case;

(v) Original agency case number;

(vi) Current agency case number;

(vii) Investigation status;

(viii) Crime being investigated;

(ix) Synopsis of the case;

(x) Date offense was reported;

(xi) Victim's name;

(xii) Victim's age on offense date;

(xiii) Victim's sex;

(xiv) Victim's race;

(xv) Type of scene;

(xvi) Address of crime scene, including city, county, and state;

(xvii) Weapon(s) involved; and

(xviii) Weapon(s) recovered.

(c) Law enforcement agencies may submit additional information pertaining to the criminal offense into the database.

(d) Law enforcement agencies shall update the database each time a case is solved, the investigation is transferred to another investigating agency, or a viable suspect is developed.

(e) The Division shall grant law enforcement agencies access to the database for investigative purposes.

History

• Effective 2024-10-23

31 Criminal Investigation - Controlled Substances

Chapter 1 Sample and Destroy

Wyo. Code R. 015.0004.1.03202007 Sample and Destroy

Wyoming Division of Criminal Investigation

Chapter 1

Sample and Destroy Rules

Section 1. Authority. These rules are promulgated by the authority of Wyo. Stat. Ann. § 35-7-1049(e)(vi).

Section 2. Purpose of the Rules. These rules are intended to create standards and procedures for the sampling, and ultimate destruction, of bulk amounts of controlled substances without a district court order. These rules also define the duties and obligations of the Division of Criminal Investigation for documenting the sampling process, from seizure to destruction. Finally, this sample and destroy program will serve to alleviate those health and safety concerns associated with the storage and retention of bulk amounts of controlled substances.

Section 3. Statutory Changes. Whenever these rules refer to Wyoming statutes and those statutes are renumbered or amended, these rules shall be interpreted to reflect such changes.

Section 4. Definitions.

(a) As used in these rules:

(i) ACommissioner@ means the Wyoming Attorney General in his capacity as Commissioner of Drugs and Substances Control pursuant to W.S. § 35-7-1003;

(ii) AControlled Substance@ means a drug, substance, or immediate precursor in schedules I through V of article III of the Wyoming Controlled Substances Act of 1971, as amended;

(iii) ACrime Lab@ means the Wyoming State Crime Lab, a division of the Office of the Attorney General;

(iv) ADivision@ means the Division of Criminal Investigation within the Office of the Attorney General of the State of Wyoming as defined by W.S. § 9-1-611.

Section 5. Bulk Controlled Substance Evidence

(a) All seized controlled substances in the amounts listed below will be submitted directly to the Division=s evidence facility for storage and analysis by the crime lab:

(i) Marijuana B Five (5) ounces or less;

(ii) Powdered Substances B Five (5) grams or less;

(iii) Liquid substances B Five-tenths (5/10) gram or less.

(b) Upon the Commissioner=s approval, bulk controlled substance seizures in excess of the amounts listed in subsection (a) of this section will be sampled by Division special agents in adherence with the procedures detailed in sections 6 and 7 of this chapter. The Commissioner, upon recommendation of the Division=s director, or his designee, shall have the discretion to implement sample and destroy procedures for bulk amounts of seized controlled substances.

(c) All controlled substances located at the Division=s evidence facility as of July 1, 2006, shall be subject to these rules.

(i) Upon the Commissioner=s approval, notification shall be made to appropriate prosecuting attorney(s) and defense counsel prior to the implementation of sample and destroy procedures on those controlled substances located at the Division=s evidence facility prior to July 1, 2006.

Section 6. Sampling Procedure

(a) All sampling procedures shall be carried out at the Division=s evidence facility. A DCI Special Agent shall remain in control of the bulk seizure and shall ensure the proper documentation of the sampling process as well as the proper submittal of the bulk seizure and representative sample after completion of the sampling process.

(b) Entire seizures shall be photographed as well as videotaped. Duplicate prints/videos shall be made for the prosecution and the Division case agent. The negatives, if any, and one set of prints/video will be placed in non-drug evidence. Instant developing color cameras may be used only as a secondary means of documentation.

(i) In the event a digital camera/video camera is used, the photographs/video shall be placed on a recordable compact disc.

(c) A sign will be prepared containing the following: case number, amount of seizure (weight), and date of the seizure. The sign will appear in all photographs documenting the physical appearance of the bulk seizure. Additionally, a scale by which to measure the physical size of the seizure shall appear in at least 3 photographs, taken from different perspectives. Such scale may consist of a ruler, yard stick, or a person.

(d) The bulk seizure shall be unloaded, assembled or stacked in such a manner as to make clear visual display of the sampling technique. If the evidence is in closed containers, several containers shall be opened to display the contents.

(e) Only properly calibrated scales shall be used to weigh the entire bulk amount, as well as the representative samples. All weights and weighing procedures, including calibration of scales, shall be documented in the Division=s case report.

(f) The agent shall, at all times during the sampling process, work in conjunction with designated crime lab personnel.

(g) After properly documenting the controlled substance bulk seizure, the agent, in conjunction with designated crime lab personnel, shall prepare a representative sample from the bulk amount of each type of controlled substance seized.

Section 7. Representative Sample

(a) The agent, in conjunction with designated laboratory personnel, shall extract a sample from one location of the bulk amount. Such sample shall be large enough to provide for adequate testing by the crime lab, as well as of such size to provide for multiple testing without risk of depletion. The agent will place a clearly visible marker bearing the letter Aa@ at the location of this first sample extraction. The agent shall then proceed to extract no fewer than nine (9) additional samples from randomly dispersed areas of the bulk amount. These locations will bear a clearly visible marker bearing consecutive letters of the alphabet.

(b) The agent shall retain an additional sample of the following weight:

(i) Five (5) ounces of organic material if the controlled substance is marijuana or a substance of similar organic composition;

(ii) Five (5) grams of a controlled substance in powdered or crystalline form;

(iii) Five-tenths (.5) of a gram of a controlled substance in liquid form.

(c) The process of sample extraction shall be documented and photographed/videotaped. The entire bulk amount, containing all marked sampling locations, will again be photographed and videotaped.

(d) Each of the individual samples shall be placed into separate, individually labeled containers. All containers shall then be placed into a single, sealed container for submission to the crime lab. This single, sealed container will accompany the bulk amount for submission to the to the Division=s evidence facility for storage.

Section 8. Chain of Custody; Laboratory Testing

(a) All bulk amount controlled substances, including its representative sample, shall be submitted for storage at the Division=s evidence facility.

(b) Upon receipt of the submitted evidence, evidence facility personnel will notify the crime lab of the representative samples for which forensic analysis has been requested. Designated crime lab and evidence facility personnel will coordinate transportation of evidence to and from the lab for examination/analytical and/or storage purposes.

(c) The chain of custody shall be maintained.

(d) The crime lab shall test the representative samples using techniques widely accepted by the scientific community.

(e) A copy of the test results shall be placed in the master case file.

(f) Once testing of the representative samples has been completed, the samples shall be placed in the container in which originally submitted to the crime lab, and returned to the Division=s evidence facility for storage with the bulk amount from which the samples were extracted.

Section 9. Evidentiary Value of Representative Sample

(a) Once confirmed by the crime lab=s analysis that the samples collected from the bulk amount are a controlled substance, the total representative sample may be used for criminal prosecution, and/or civil forfeiture proceedings.

(b) An amount sufficient for testing by defense experts shall be made available for the purpose of defending criminal charges at the request of the criminal defense.

(i) The defense shall make its request in writing, to the Division, and shall name in its request the analytical laboratory that it intends to test the controlled substance. This laboratory shall be registered with the Drug Enforcement Agency (DEA).

(ii) Upon such a request, the crime lab will draw a sample of suitable size for testing. This sample will be transferred directly to the laboratory of defense counsel=s choosing.

Section 10. Destruction of Bulk Amounts of Controlled Substances

(a) After the sampling and testing process is complete, the Attorney General acting in his capacity as the Commissioner of Drugs and Substances Control, or the Attorney General=s Chief Deputy, may order the destruction of that bulk amount of seized controlled substance in excess of the representative samples.

(b) The retained sample will be stored at the Division=s evidence facility or other suitable evidence facility until it no longer possesses any evidentiary value, criminal or civil. At such time, the Commissioner may authorize any law enforcement officer to apply to the appropriate district court of jurisdiction for an order providing for the destruction of the representative samples.

(c) Destruction of controlled substances pursuant to these rules shall be accomplished by burning in a suitable incinerator or by another method as long as the destruction is accomplished in:

(i) A safe and responsible manner;

(ii) Compliance with all relevant federal, state, local laws, and administrative rules;

(iii) Compliance with any requirements of the Wyoming Department of Environmental Quality and the Environmental Protection Agency.

(d) Destruction of controlled substances pursuant to these rules shall be witnessed by at least two Division employees, at least one of whom shall be a peace officer as defined in Wyo. ' Stat. Ann. 7-2-101(a) (iv). Each witness must:

(i) Examine each item in a manner sufficient to complete the destruction inventory required by this section; and

(ii) Examine each package for the integrity or breach of chain of custody.

(e) The controlled substances shall be weighed immediately prior to departure for the destruction site to certify that the weight is substantially similar as originally weighed, less amounts utilized in the sampling and testing procedures.

(f) The controlled substances shall then be documented for the chain of custody. Certain information must be included in the documentation:

(i) Nature, kind, and quantity of the controlled substance to be destroyed; and

(ii) The names and signatures of witness.

(g) Following destruction as set forth in subsection (c), the process must be documented by a statement created immediately after the time of destruction by a witness to the destruction. The statement may incorporate video tape or other documents to verify, and must contain:

(i.) The manner of transportation to the destruction site, including the names of each individual transporting an item;

(ii.) An inventory of the items destroyed, including the nature, kind, and quantity of the item;

(iii.) The witnesses, including the name, title, agency, and signature of each witness;

(iv.) The date and location of destruction;

(v.) The manner of destruction, and any unusual or suspicion events that occurred during the destruction incident.

Section 11. Savings Clause. Should any provision of these rules and regulations be held invalid or unconstitutional, such a ruling shall not affect other provisions of these regulations which can be given effect without the invalid or unconstitutional provision and, to this end, the provisions of these rules and regulations are severable.

History

• Effective 2007-03-20

33 Criminal Investigation - Criminal Records

Chapter 1 General Provision

Wyo. Code R. 015.0006.1.07272020 General Provision

Chapter 1

General Provisions

Section 1. Authority. The Division of Criminal Investigation, Office of the Attorney General hereby promulgates these rules pursuant to its rulemaking authority found in Wyoming Statute § 7-19-105.

Section 2. Purpose. The purpose of these rules is to implement the legislative mandate to:

(a) Promulgate standards and procedures to ensure the security and privacy of criminal history information and to limit the use of such information to criminal justice and other lawful purposes;

(b) Promulgate standards and procedures, in conformance with the Wyoming Criminal History Records Act, relating to access and dissemination of criminal history record information, research, system security, record completeness and accuracy, training, and intrastate and interstate exchanges;

(c) Establish audit practices; and

(d) Establish sanctions to be imposed upon contributors and recipients of criminal history record information for non-compliance with these rules or the Wyoming Criminal History Record Act.

Section 3. Statutory Changes. Whenever these rules refer to Wyoming statutes and these statutes are renumbered or amended, these rules shall be interpreted to reflect such changes.

History

• Effective 2020-07-27

Chapter 3 Standards for Reporting

Wyo. Code R. 015.0006.3.07272020 Standards for Reporting

Chapter 3

Standards for Reporting and Collection of Criminal History Information

Section 1. Authority. The Division of Criminal Investigation, Office of the Attorney General hereby promulgates these rules pursuant to its rulemaking authority found in Wyoming Statute § 7-19-105.

Section 2. Requirements for Fingerprinting. Fingerprints shall be submitted according to W.S. 7-19-107 and 7-19-201. Fingerprint cards are subject to the following requirements:

(a) All fingerprint cards shall be submitted directly to the Division after completion by a criminal justice agency within seventy-two (72) hours. All information shall either be typewritten or printed legibly on a fingerprint card. Failure to do so, or failure to follow the requirements stated below, may result in the card being returned to the contributing agency.

(b) All fingerprint cards received will be prioritized and processed as follows:

(i) Criminal arrest fingerprint cards;

(ii) Criminal justice applicant fingerprint cards; and

(iii) Non-criminal justice applicant fingerprint cards.

(c) Card requirements. (Note: as of June 1, 2013, the Division will no longer accept Orange fingerprint cards.)

(i) A standard 8x8 red FD-249 fingerprint card and FD-884 palm print card are to be used by law enforcement agencies for the purpose of fingerprinting criminal offenders whose fingerprints will be maintained. Criminal fingerprint cards and other biometrics such as photos for facial or iris recognition which are assigned a state identification number and/or an FBI number may be searched against other databases including but not limited to latent fingerprints and must include the following information:

(A) Name;

(B) Signature of person fingerprinted (only if inked prints);

(C) Any aliases;

(D) ORI number;

(E) Date of birth;

(F) Residence of person fingerprinted;

(G) Date arrested or received;

(H) Sex, race, height, weight, eye color, hair color, and place of birth;

(I) Date and signature of person taking fingerprints (only if inked prints);

(J) Agency case number (OCA);

(K) Social security number;

(L) Check caution block, if necessary;

(M) Arrest offense, including citation to Wyoming statute(s);

(N) Notation of scars, marks, and amputations;

(O) Occupation and address, if available; and

(P) Check box for photos and palm prints, if available.

(ii) A standard 8x8 blue FD-258 fingerprint card is to be used by law enforcement agencies for the purpose of fingerprinting applicants for criminal justice and non-criminal justice federal and state background checks. Non-criminal fingerprint cards and other biometrics such as photos for facial or iris recognition which are assigned a state identification number and/or an FBI number may be searched against other databases including but not limited to latent fingerprints. The following information must be present and legible and fingerprint cards missing any information may be returned to the sender:

(A) Name;

(B) Signature of person fingerprinted;

(C) Aliases;

(D) ORI number (For criminal justice applicants only);

(E) Date of birth;

(F) Citizenship;

(G) Sex, race, height, weight, eye color, hair color, and place of birth;

(H) Residence of person fingerprinted;

(I) Date and signature of person taking fingerprints (only if inked prints - fingerprints submitted via livescan device are exempt from this requirement);

(J) Social security number;

(K) Employer and address (Non-criminal justice only - the results will be sent to the person/entity listed in this space);

(L) Reason fingerprinted (Board of Nursing, Professional Teaching Standards Board, NCPA/VCA, Self, etc.) For FBI checks, provide state statute or federal code reference;

(M) Any card that is older than six months will be rejected and new fingerprints will need to be submitted.

History

• Effective 2020-07-27

Chapter 4 Access & Dissemination

Wyo. Code R. 015.0006.4.07272020 Access & Dissemination

Chapter 4

Access and Dissemination

Section 1. Authority. The Division of Criminal Investigation, Office of the Attorney General hereby promulgates these rules pursuant to its rulemaking authority found in Wyoming Statute § 7-19-105.

Section 2. Access Availability. Criminal History Record Information shall be available only to:

(a) Those persons and organizations authorized by Wyoming Statute;

(b) Officials of state and local government for purposes of investigating the background of applicant(s) for non-criminal justice employment or licensing purposes if authorized by a state statute that has been approved by the Attorney General of the United States. The Attorney General has delegated to the Federal Bureau of Investigation the responsibility for approving such state statutes; and

(c) Officials of state and local governments for purposes of investigating the background of current and prospective employees and volunteers who provide or will provide care to children, the elderly, or disabled person(s) if authorized by a state statute that has been approved by the Attorney General of the United States. In the absence of a state statute approved by the United States Attorney General, the officials may apply to the Division for approval to participate in the National Child Protection Act/Volunteers for Children's Act (NCPA/VCA). [National Child Protection Act, Pub. L. 103-209, amended by Pub. L. 103-322 and Volunteers for Children Act, Pub. L. 105-251; 42 U.S.C. § 5119].

Section 3. Criminal Justice Agency Dissemination Requirements. All criminal justice agencies holding, receiving, or disseminating criminal history record information to an authorized recipient shall maintain a dissemination log on forms approved by the Division, which includes the following

(a) Name and date of birth or other numeric identifier (e.g. state identification number [SID]);

(b) Race of subject;

(c) Sex of subject;

(d) Date of dissemination;

(e) Name of person requesting the information;

(f) Date and time of request;

(g) Reason for the criminal history (e.g. case number, or explanation, burglary, drugs, etc.);

(h) Name of person to whom information was released;

(i) Date and time response was released;

(j) Name of person releasing the information;

(k) Notation of "record" or "no record";

(l) ORI of the agency requesting the information; and

(m) Purpose code.

History

• Effective 2020-07-27

Chapter 5 Standards for Security of Criminal History Information

Wyo. Code R. 015.0006.5.07272020 § 1 Authority

The Division of Criminal Investigation, Office of the Attorney General hereby promulgates these rules pursuant to its rulemaking authority found in Wyoming Statute § 7-19-105.

History

• Effective 2020-07-27

Wyo. Code R. 015.0006.5.07272020 § 2 Purpose

The purpose of these rules is to protect the confidential nature of the criminal history information maintained by the Division and ensure its legal and efficient dissemination and use.

History

• Effective 2020-07-27

Wyo. Code R. 015.0006.5.07272020 § 3 Division Security

The Division will use hardware and software controls to prevent unauthorized access to records and to help ensure system security.

History

• Effective 2020-07-27

Wyo. Code R. 015.0006.5.07272020 § 4 Non-Criminal Justice Agency Security

(a) All non-criminal justice agencies receiving criminal history information are responsible for adopting security measures designed to prevent unauthorized access, dissemination or disclosure of such information and must restrict receipt of the criminal history information to the agency.

(b) The agency will designate an internal point of contact known as the "responsible party" for receipt of the criminal history information. The responsible party will be fingerprinted for suitability to receive criminal history information and sign the "Rules of Behavior" prior to receiving the information.

History

• Effective 2020-07-27

Wyo. Code R. 015.0006.5.07272020 § 5 Criminal Justice Agency Security

(a) All criminal justice agencies receiving criminal history information shall adhere to security measures outlined in the Federal Bureau of Investigation CJIS Security Policy, and Wyoming Criminal Justice Information Network (WCJIN) policy.

(b) Authorization to obtain records via the Interstate Identification Index (III) is governed by federal laws and state statutes approved by the United States Attorney General that are applicable to the United States Department of Justice, the Federal Bureau of Investigation, and the National Crime Information Center (NCIC) System. Refer to the Federal Bureau of Investigation CJIS Security Policy for requirements related to personnel, physical, and technical security, as well as user authorization and dissemination.

History

• Effective 2020-07-27

Chapter 8 Audits

Wyo. Code R. 015.0006.8.07272020 § 1 Authority

The Division of Criminal Investigation, Office of the Attorney General hereby promulgates these rules pursuant to its rulemaking authority found in Wyoming Statute § 7-19-105.

History

• Effective 2020-07-27

Wyo. Code R. 015.0006.8.07272020 § 2 Audits of Criminal Justice Agencies

(a) The Division shall conduct audits of criminal justice agencies to ensure compliance with these rules, WCJIN, NCIC, NLETS, Federal Bureau of Investigation CJIS Security Policies and any other applicable security policies.

(b) All criminal justice agencies are required to provide access to its criminal history records information to the Division after verification of identity.

History

• Effective 2020-07-27

Wyo. Code R. 015.0006.8.07272020 § 3 Audits of Non-Criminal Justice Agencies

(a) The Division may audit non-criminal justice agencies which have received criminal history record information. The purpose of the audit is to evaluate compliance with state statutes and applicable federal regulations. The Division reviews and analyzes methods used by the agencies to achieve compliance with 5 U.S.C. §§ 552 and 552(a), Title 28, Code of Federal Regulations (CFR); Public Law 92-544; the National Crime Prevention and Privacy Compact; state statutes; and Division Rules.

(b) By making a request for criminal history record information, an agency agrees to provide access to the Division after verification of identity.

History

• Effective 2020-07-27

Chapter 9 Training

Wyo. Code R. 015.0006.9.07272020 § 1 Authority

The Division of Criminal Investigation, Office of the Attorney General hereby promulgates these rules pursuant to its rulemaking authority found in Wyoming Statute § 7-19-105.

History

• Effective 2020-07-27

Wyo. Code R. 015.0006.9.07272020 § 2 Training

(a) In order for the Division to carry out the rules and policies established by the Wyoming Criminal Justice Information Network (WCJIN) and the Federal Bureau of Investigation, all individuals who have access to Criminal Justice Information (CJI) must receive training from the agency or the Division.

(b) Training is not limited to law enforcement agencies, but also includes non-criminal justice agencies who receive Criminal History Record Information.

(c) The administrator of each criminal justice agency with terminal access shall assign an individual known as a Terminal Agency Coordinator (TAC) to act as a liaison with the Division. The director or supervisor of a non-criminal justice agency receiving CJI shall assign a person to act as liaison with the Division.

(d) Upon request, the Division will provide regional training if feasible. The Division will determine feasibility based upon the proposed number of individuals to be trained and the planned length of the training. Requests must identify the individuals to be trained and their role in the organization's use of criminal history record information.

(e) The Division will cooperate with the Wyoming Law Enforcement Academy to provide training at the academy.

(f) The Division shall cooperate with each agency administrator to the fullest practicable extent to provide training.

(g) The Division shall establish a training curriculum and may change the curriculum as necessary.

History

• Effective 2020-07-27

Chapter 10 Sanctions

Wyo. Code R. 015.0006.10.07272020 § 1 Authority

The Division of Criminal Investigation, Office of the Attorney General hereby promulgates these rules pursuant to its rulemaking authority found in Wyoming Statute § 7-19-105.

History

• Effective 2020-07-27

Wyo. Code R. 015.0006.10.07272020 § 2 Sanctions

Sanctions for violations of these rules or the provisions of the Wyoming Criminal History Records Act shall be applied by the Division. The Division may apply sanctions within its discretion depending upon the seriousness of the violation. The appropriate sanctions for each violation shall be determined upon its own facts with consideration given to:

(a) The rule violated;

(b) The willfulness of the violation;

(c) Previous violations and sanctions by the Division;

(d) Action taken to prevent further violations; and

(e) Harm which would be done to the goal of effective law enforcement by severe sanctions.

History

• Effective 2020-07-27

Wyo. Code R. 015.0006.10.07272020 § 3 Sanction Severity

All sanctions will be predicated on state and federal laws, WCJIN policy, NCIC policy, Federal Bureau of Investigation CJIS Security Policy, and this document. The sanctions may range from letters of warning to prohibited access to criminal history record information and may also include criminal prosecution. All sanctions will be in writing with an explanation of the violation.

History

• Effective 2020-07-27

Chapter 11 Standards for Pardons, Restoration of Rights, Restoration of Voting Rights, & Expungements

Wyo. Code R. 015.0006.11.07272020 Standards for Pardons, Restoration of Rights, Restoration of Voting Rights, & Expungements

Chapter 11

Standards for Pardons, Restoration of Rights, Restoration of Voting Rights, and Expungements

Section 1. Authority. The Division of Criminal Investigation, Office of the Attorney General hereby promulgates these rules pursuant to its rulemaking authority found in Wyoming Statute § 7-19-105.

Section 2. Central Repository. The Division is responsible for updating criminal history record information for pardons, restoration of rights, and expungements in accordance with legal documents. The Division does not process or have the authority to grant applications or petitions for pardons, restoration of rights, or expungements. The Division only updates criminal history records after the orders are issued.

Section 3. Authorized Entities. The authorized entities to grant pardons, restoration of rights, restoration of voting rights and expungements are described in the following subsections:

(a) Pardons, Restoration of Right and Restoration of Voting Rights. Applications for pardons and restoration of rights are submitted to the Wyoming Attorney General's Office. Pardons and restoration of rights granted by the Governor are forwarded to the Division in order to update criminal history information accordingly. Restoration of voting rights by the Board of Parole are forwarded to the Division in order to update criminal history information accordingly.

(b) Expungements. Petitions for expungements are filed with the court of jurisdiction that the case was or would have been adjudicated. Any petition for expungement filed under W.S. 7-13-1501 or 7-13-1502 shall be served on the prosecuting attorney and the Division. Expungements granted shall be forwarded to the Division in order to update criminal history information accordingly.

History

• Effective 2020-07-27

30 Criminal Investigation - DNA Identification Record

Chapter 1 DNA Identification Record System

Wyo. Code R. 015.0003.1.04182006 DNA Identification Record System

Wyoming Division of Criminal Investigation

DNA Identification Record System Rules

Chapter 1

Section 1. Authority. The following rules are written in accordance with W.S. 7-19-401 through 7-19-406.

Section 2. Responsibilities of agencies collecting DNA samples. The agency collecting the DNA sample shall be responsible for deciding whether to collect a blood-based DNA sample or a buccal DNA sample. The Division shall reserve the right to request another sample if the integrity of the donated sample is in doubt or does not yield an acceptable profile. The collecting agency will be provided with a blood-spot kit if a secondary DNA collection is required.

Section 3. Definitions.

(a) Blood-Spot Collection Kit - An alternate blood-based DNA collection mechanism utilizing a finger-stick approach to add drops of blood onto a filter-paper storage card that is prepared upon written request by DOC. A blood-spot collection kit may include:

(i) Instructions for sample collection

(ii) Two (2) filter-paper blood-spot collection cards in a plastic holder

(iii) Cassette to enclose blood-spot cards

(iv) Submission form

(v) Security/identification labels

(vi) Expiration date

(b) Buccal Collection Kit - A non-invasive means to collecting DNA samples by harvesting buccal epithelial cells; made up of a collector, support, and protective cap. A buccal cell collection kit may include:

(i) Instructions for sample collection

(ii) Two (2) buccal DNA collectors

(iii) Envelope to enclose buccal collectors

(iv) Plastic gloves

(v) Submission form

(vi) Security/identification seals

(vii) Expiration date

(c) CODIS - Combined DNA Index System

(d) Division - Wyoming Division of Criminal Investigation including the Wyoming State Crime Laboratory

(e) DNA - Deoxyribonucleic Acid

(f) DNA-COD - DNA Convicted Offender Database

(g) DNA Collection Kit - May be defined as a whole blood collection kit, a blood spot kit, or a buccal cell collection kit

(h) DOC - Department of Corrections

(i) Electronic Prelog - An electronic means to submit convicted offender information with respect to DNA sample collection from the submitting agency to the Wyoming State Crime Laboratory

(j) FBI-Standards - Quality Assurance Standards for Convicted Offender DNA Databasing Laboratories, issued by FBI, dated April 1, 1999

(k) FTA Cards - For use in the storage of blood samples

(l) NDIS - National DNA Index System

(m) Submission Form - Written or electronic form that shall include:

(i) Subject's name (last, first and middle name)

(ii) Subject's DOC or criminal justice agency number

(iii) Subject's race

(iv) Subject's sex

(v) Subject's date of birth

(vi) Subject's Social Security Number

(vii) Offense of Subject

(viii) Date of offense

(ix) Date and Time of DNA sample collection

(x) Name of the Agency or Institution submitting DNA sample and the Wyoming County in which it is located

(xi) Name of individual collecting the DNA sample

(xii) Name of individual sealing the DNA sample

(xiii) Name of individual storing the DNA sample until sent to the Wyoming State Crime Laboratory

(xiv) Name of individual transferring the DNA sample to the Wyoming State Crime Laboratory

(xv) Subject's signature and date

(n) Whole Blood Collection Kit - A means to collect blood-based DNA samples by mechanism of venipuncture and collection into a blood tube. A whole blood collection kit may include:

(i) Instructions for sample collection

(ii) Blood collection tube

(iii) Transport cylinder for blood tube

(iv) Tamper proof cap

(v) Submission form

(vi) security/identification labels

(vii) Expiration date

(o) Wyott Evidence Facility - The primary evidence storage facility of the Wyoming State Crime Laboratory

Section 4. Collection, Storage and Transfer of DNA-COD Samples.

(a) Collection Procedures - The Wyoming State DNA-COD Collection Kit and its specific collection procedures shall only be used to secure samples designated for the Wyoming DNA-COD.

(b) Storage Procedures Prior to Submittal - The sealed white envelope containing a whole blood DNA sample shall be placed in a secure refrigerator at the DOC Institution or Criminal Justice Agency until submitted to the Wyott Evidence Facility. The sealed white envelope containing blood-spot cards or buccal DNA samples shall be placed in a secure room-temperature location at the DOC Institution or Criminal Justice Agency until submitted to the Wyott Evidence Facility.

(c) Sample Transfer Procedures - the DNA-COD sample shall be submitted to the Wyott Evidence Facility as soon as possible after collection. All costs associated with the collection and submission of DNA-COD samples including, but not limited to costs associated with the US mail and/or other common carrier (i.e., UPS, FedEx) shall be the responsibility of the collecting agency.

(i) Samples sent to the Crime Laboratory shall be put in a protective container to prevent breakage while shipping and mailed to the lab via common carrier with a trackable means to:

Wyott Evidence Facility

720 W. 18th Street

Cheyenne, WY 82002

(ii) Hand-delivered samples shall be delivered to:

Wyott Evidence Facility

720 W. 18th Street

Cheyenne, WY 82002

Section 5. DNA-COD Kit Procedures

(a) Receipt - The receipt of each DNA Convicted Offender Database sample at the Wyott Evidence Facility shall be the responsibility of the Wyott Evidence Facility personnel. A CODIS sample transfer form will accompany all samples submitted to the Crime Laboratory.

(b) Acceptance Criteria - The whole blood DNA-COD sample for inclusion in the DNA- COD database shall be accepted on the basis of all of the following criteria:

(i) Sealed white envelope, initialed across 2 edges of yellow seal

(ii) Completed white envelope submittal form

(iii) Legible and accurate information

(iv) No prior accepted DNA-COD sample

(v) Plastic transport container cap properly sealed

(vi) Blood tube properly sealed

(vii) Blood tube legibly and accurately completed

(viii) Sufficient amount of blood in tube (approximately 3/4 full)

(c) Acceptance Criteria - The blood-spot DNA-COD sample for inclusion in the DNA- COD database shall be accepted on the basis of all of the following criteria:

(i) Sealed white envelope, initialed across 2 edges of yellow seal

(ii) Completed white envelope submittal form

(iii) Legible and accurate information on submittal form and blood-spot cards

(iv) No prior accepted DNA-COD sample

(v) Blood-spot cards in acceptable condition

(vi) Blood-spot cards contain sufficient amount of blood for processing

(vii) Blood-spot cards properly sealed

(d) Acceptance Criteria - The buccal DNA-COD sample for inclusion in the DNA-COD database shall be accepted on the basis of all of the following criteria:

(i) Sealed white envelope, initialed across 2 edges of evidence seal

(ii) Completed white envelope submittal form

(iii) Legible and accurate information on submittal form and buccal collectors

(iv) No prior accepted DNA-COD sample

(v) Buccal DNA collector in acceptable condition

(vi) Buccal collector properly sealed

(e) Acceptance Notification - A complete list of the accepted DNA Convicted Offender Database subjects shall be provided to the DOC. Each copy provided of the DNA-COD list shall be documented within the DNA-COD unit.

(f) Rejection Criteria - the DNA-COD sample shall be rejected on the basis of any of the following criteria:

(i) Unsealed white envelope

(ii) Incomplete white envelope submittal form

(iii) Illegible and/or inaccurate information

(iv) Prior accepted DNA-COD sample

(v) Plastic transport container improperly sealed

(vi) Blood tube improperly sealed

(vii) Blood tube label illegible and/or inaccurate

(viii) Insufficient amount of blood given in tube (less than 3/4 full)

(ix) Leakage of blood into transport tube

(x) Insufficient amount of blood on a blood-spot card (all four spots filled)

(xi) Integrity of buccal collector paper in doubt

(g) Rejection Notification - All rejection notifications shall be sent only to the DOC and will specify the reason for rejection.

(i) Rejection of any sample shall be made by the CODIS Manager or qualified CODIS personnel.

(ii) Each notification shall be documented.

(iii) The rejected sample shall not be opened.

(iv) The rejected sample shall be disposed of in a manner compliant with Wyoming State Crime Laboratory Safety Guidelines.

(h) Chain of Custody - No DNA-COD sample shall be stored, intermingled or physically associated with Wyoming State Crime Laboratory case work evidence.

(i) Only designated CODIS personnel or designee shall initiate and maintain the internal Laboratory chain of custody.

(ii) Evidence Tracking of Accepted Samples - Each accepted DNA sample shall be marked with a unique DNA-COD Identification Number.

(A) The barcode including the unique identification number shall be placed in the space provided on the preprinted white submittal envelope containing the sample.

(i) Initial Evaluation of Envelope Contents - Whole blood DNA-COD samples:

(i) The plastic transport tube with tamper proof cap shall be removed from the white submittal envelope and inspected for integrity.

(ii) The blood tube seal integrity shall be evaluated.

(iii) The subject's name on the blood tube shall be verified with the subject's name on the front of the white submittal envelope.

(iv) The blood tube sample shall be removed from the transport container, transferred into a bubble pack and replaced into the white submittal envelope for short term storage in the DNA evidence refrigerator until processed.

(j) Initial Evaluation of Envelope Contents - Blood-spot DNA-COD samples:

(i) The cassette enclosing the blood-spot cards shall be inspected for integrity.

(ii) The kit shall be inspected to verify that two (2) blood-spot cards are present.

(iii) The subject's name on the blood-spot cards will be verified with the subject's name on the front of the white submittal envelope.

(k) Initial Evaluation of Envelope Contents - Buccal DNA-COD samples:

(i) The envelope enclosing the buccal collectors shall be inspected for integrity.

(ii) The kit shall be inspected to verify that two (2) buccal collectors are present.

(iii) The buccal collectors shall be inspected to verify the protective covers are in place.

(iv) Upon opening of the envelope enclosing the buccal collectors, the subject's name on the buccal collector shall be verified with the subject's name on the front of the white submittal envelope.

(v) The buccal collection paper shall be visually inspected for integrity.

(l) Sample Processing Procedures - Bio-hazard safety procedures in accordance with the Wyoming State Crime Laboratory safety program shall be followed when handling biological samples. Each sample shall be handled and examined one at a time.

(m) Sample Spotting Procedure (Whole Blood Only) - Bio-hazard safety procedures in accordance with the Wyoming State Crime Laboratory safety program shall be followed when handling biological samples. In addition, gloves shall be worn at all times and changed with each sample. Each sample shall be handled, examined and spotted one at a time to avoid possible cross contamination.

(n) Buccal Sample Preparation Procedure - Bio-hazard safety procedures in accordance with the Wyoming State Crime Laboratory safety program shall be followed when handling biological samples. In addition, gloves shall be worn at all times and changed with each sample. Each sample shall be handled, examined and prepared one at a time to avoid possible cross contamination.

Section 6. Profiling Convicted Offender Database Samples

(a) Outsourcing Samples for Processing - testing of the DNA-COD samples for DNA shall follow the criteria established in W.S. 7-19-403(c) and FBI Standards dated April 1, 1999.

(i) DNA-COD samples shall be handled and stored separately from normal Laboratory case work and access to those samples shall be limited to CODIS personnel or designee.

(ii) Upon removing each sample from storage, the respective DNA-COD file or computer database entry shall be initialed, dated, carrier/shipper shall be documented and shall include the tracking notice.

(iii) Each sample transferred to a contracting Laboratory shall:

(A) Be packaged for transfer following established Wyoming State Crime Laboratory procedures for evidence handling and transferring.

(B) Have the respective DNA-COD file or computer database entry show the transfer date and initials of person making the transfer.

(iv) Each sample tested in the Wyoming State Crime Laboratory shall follow the same documentation established for contracting laboratories but reflect in-house testing.

(b) Receiving Samples After Processing - Upon completion of testing, each sample shall be returned to storage and the DNA-COD file or computer database entry for each sample shall be dated and initialed.

(i) All samples shall be stored in accordance with the manufacturer's recommendations.

(c) Reports of DNA Testing - No written report shall be constructed on any DNA-COD database case number without approval of the CODIS Manager and Laboratory Supervisor. Any such release shall be in accordance with Wyoming State Statute and CODIS guidelines, and then documented in the respective case file.

(i) Security of all information obtained by accession of and testing from DNA-COD samples shall follow the rules and regulations established under CODIS Guidelines, DNA Database Act of 1994, W.S. 7-19-404 and the Rules for the Wyoming DNA Identification Records System established by the Wyoming State Crime Laboratory.

Section 7. DNA Profiles and CODIS

(a) Requirements for DNA Samples Entered into CODIS - All samples entered into CODIS shall follow the rules set forth by the DNA Identification Act of 1994, and the Standards for Laboratories participating in the National DNA Identification Database issued by the FBI, dated April, 1 1999.

(b) Procedures for Entering Samples into CODIS - Only CODIS personnel shall enter data into the Wyoming DNA Convicted Offender Database.

Section 8. Access to DNA Profiles

(a) Laboratory Rules for Access to DNA Sample Information DNA Database Information, and DNA Samples Generated by the Convicted Felon Database System

(i) Laboratory Personnel - only CODIS personnel shall have physical access to the DNA Convicted Offender Database.

(A) Biology Unit personnel have access only to the non DNA-COD areas of the CODIS including the capabilities of searching CODIS profiles as described above.

(ii) Non-Laboratory Personnel - access to DNA records and the DNA Database shall follow the criteria as defined in W.S. 7-19-402 (a) and W.S. 7-19-404 (a)(b) and the Rules and Regulations established by the Wyoming Division of Criminal Investigation.

(A) Original DNA database sample case files shall be stored in the long-term storage area and access to those files shall be only CODIS personnel and the Laboratory Supervisor.

(b) Access to DNA Database Samples

(i) All requests by authorized agencies (W.S. 7-19-404(a)) for information on DNA records or requests for DNA samples shall be submitted in writing to the Wyoming State Crime Laboratory Supervisor. "In writing" includes the use of facsimile copies of computer requests which can be printed.

(A) The Laboratory Supervisor shall verify all requests prior to releasing any information or DNA samples. Only after verification shall a request for release of information be made to the CODIS Manager.

(ii) All requests for information about DNA case samples shall be filed in the respective case file, and documentation of the action taken on the request shall be placed in the file. All actions taken on request shall meet CODIS/NDIS guidelines for the release of information.

(iii) A separate file shall be established for cases which requests have been received and documentation of the resulting actions.

Section 9. Expungement of DNA Profiles

(a) Criteria for Expungement - The Expungement of information in the state DNA Database is authorized in W.S. 7-19-405. Prior to initiation of expungement, the Division of Criminal Investigation shall receive an original written request from offender for expungement accompanied by a certified copy of the court order reversing and dismissing the conviction and providing for expungement.

(i) The Assistant Attorney General assigned to DCI shall verify the written request and the certified copy of the court order for expungement.

(ii) Upon verification of the expungement order, the Assistant Attorney General shall give copies of the request, the court order and a memorandum of verification for expungement to the Supervisor of the Crime Laboratory.

(b) Laboratory Procedures for Expungement of DNA Profiles - The Wyoming State Crime Laboratory procedures for the expungement of information contained in the State DNA Database shall follow the protocol as stated below.

(i) The supervisor of the Crime Laboratory shall request the CODIS Manager to retrieve and destroy from the original case file all identifiable information for the subject.

(A) A memorandum shall be placed in the original case file and state that all original identifiable information has been deleted pursuant to a court order for expungement.

(B) A memorandum stating that sufficient information has been received to expunge specific DNA records and directing the CODIS Administrator to expunge the DNA records will be issued by the Laboratory Director.

(C) No identifying information shall be contained in the memorandum for deletion of information.

(ii) The Supervisor of the Crime Laboratory shall notify the CODIS Manager that identifying information, DNA records, and DNA Database information shall be removed from the state DNA database system for the subject of the expungement order.

(A) The CODIS Manager shall remove all identifying information and the DNA records from the state DNA database within five (5) working days and perform a request to the National DNA Index System for deletion.

(B) A memorandum from the CODIS Manager to the Supervisor of the Crime Laboratory shall be issued within five (5) working days confirming that the DNA records and identifying information have been removed from the state CODIS database.

(C) No identifying information shall be contained in the memorandum of deletion by the CODIS Manager.

(D) A copy of the memorandum of deletion from the state DNA database shall be included in the original case file.

(E) The Supervisor of the Crime Laboratory shall retain in a separate filing system, originals of all expungement orders and copies of resulting memoranda.

(F) A letter confirming the expungement will be sent to the DOC stating that the expungement of the DNA profile, the blood sample, and the personal identifying information has been destroyed.

History

• Effective 2006-04-18

1425 Criminal Investigation - Forensic Genetic Genealogy Program

Chapter 1 General Provisions

Wyo. Code R. 015.0026.1.10232024 § 1 Authority

These rules are promulgated by the authority of House Enrolled Act No. 46, enacted during the 2024 Budget Session of the Wyoming Legislature.

History

• Effective 2024-10-23

Wyo. Code R. 015.0026.1.10232024 § 2 Purpose

These rules are intended to create the procedure for administration of the Forensic Genetic Genealogy pilot program. They also define the duties and obligations of each agency and office that may become involved in the process.

History

• Effective 2024-10-23

Chapter 2 Definitions

Wyo. Code R. 015.0026.2.10232024 § 1 Definitions

As used in these rules:

(a) "CODIS" means the Combined DNA Index System from the Federal Bureau of Investigation.

(b) "Division" means the Wyoming Division of Criminal Investigation.

(c) "Forensic genetic genealogy" or "FGG" means performing DNA testing and genealogical research on forensic samples in order to find the identity of a person.

(d) "Law Enforcement Agency" or "Agency" means a government entity employing peace officers responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory or criminal laws.

(e) "NamUs" means the United States Department of Justice's National Missing and Unidentified Persons databases.

(f) "ViCAP" means the Federal Bureau of Investigation's Violent Crime Apprehension Program.

(g) "Violent crime" means homicide, sex crimes, and other serious criminal offenses as determined by the Division.

History

• Effective 2024-10-23

Chapter 3 FGG Request and Approval Procedure

Wyo. Code R. 015.0026.3.10232024 § 1 Agency Request Procedure

(a) Each Law Enforcement Agency requesting funding through this program shall submit a request for assistance to the Division.

(b) The Division will require case information from the Law Enforcement Agency prior to consideration for funding, which may be collected by an electronic or paper form. This information shall include:

(i) Investigating agency;

(ii) Agency case number;

(iii) Primary agency contact/investigator;

(iv) Case type;

(v) Case circumstances;

(vi) Evidence sample description and probative value;

(vii) Evidence sample status;

(viii) Evidence sample condition and age;

(ix) History of testing performed on evidence and/or samples;

(x) Status of the case in NamUs; and

(xi) Status of the case in ViCAP.

(c) The Law Enforcement Agency may submit additional case information as it deems appropriate.

History

• Effective 2024-10-23

Wyo. Code R. 015.0026.3.10232024 § 2 Request Evaluation Procedure

(a) The Division will evaluate each request to ensure the following administrative requirements are met:

(i) Eligible case types include unsolved violent crimes or unidentified remains of suspected homicide victims.

(ii) Samples of interest must be reasonably believed by investigators to be from a putative perpetrator of the offense or from unidentified remains of a suspected homicide victim.

(iii) Evidence samples of interest must have been uploaded to the CODIS and subsequent searches of CODIS must have failed to produce a probative and confirmed DNA match.

(iv) Relevant case information must have been entered into the ViCAP and/or NamUs databases, as applicable. The Agency shall provide the ViCAP and/or NamUs case numbers to the Division.

(b) The Division will evaluate each request to ensure the evidence samples are suitable for the testing methodology being used by an FGG vendor. At a minimum, the following sample attributes will be evaluated to identify risk levels for testing in each case:

(i) Quantity of the DNA sample;

(ii) Quality or degradation level of the DNA sample;

(iii) Mixture presence and contributor proportions of the DNA sample (as applicable);

(iv) Amount of DNA necessary to consume for FGG testing; and

(v) Remainder of DNA for evidence sample(s) in the case.

(c) The Division may contact the Law Enforcement Agency after these evaluations to discuss the eligibility and/or suitability of the request.

(d) The Division will grant or deny each FGG request. This response will be documented and sent to the primary Law Enforcement Agency contact/investigator.

History

• Effective 2024-10-23

Wyo. Code R. 015.0026.3.10232024 § 3 Additional Requirements for Approved Requests

(a) Each Law Enforcement Agency with an approved request for FGG testing shall ensure:

(i) All applicable laws, regulations, policies, and procedures are followed while performing FGG.

(ii) The prosecutor responsible for the respective jurisdiction is in agreement that the evidence sample(s) of interest are suitable and necessary for FGG.

(iii) Informed consent is sought from third parties prior to the collection of reference samples that will be used in the FGG process, unless the collection could compromise the integrity of the investigation.

(A) Agencies collecting a surreptitious reference sample must consult with and receive approval from the prosecutor prior to collection for FGG.

(B) Surreptitious reference sample collection shall be conducted in a lawful manner.

(iv) Suspect reference samples are submitted to the Division for direct comparison to the DNA profile(s) from the forensic evidence. This comparison must be performed prior to the removal of FGG samples from a public database(s).

(v) FGG profiles entered into a public database(s) shall be promptly removed if a suspect is arrested and charged with a criminal offense. The Agency shall document this removal.

(b) After the Division has approved the Agency's FGG request, the Law Enforcement Agency will work directly with the FGG vendor for the respective investigation.

History

• Effective 2024-10-23

Chapter 4 FGG Funding Procedure

Wyo. Code R. 015.0026.4.10232024 § 1 Funding Procedure for Approved Requests

(a) The Division shall identify one or more suitable FGG vendors.

(b) The Division will contract with one or more FGG vendors and pay for FGG services directly.

(c) Services allowable for FGG funding by the Division are limited to:

(i) DNA sequencing of forensic sample(s) approved in the request;

(ii) DNA sequencing of reference samples, as necessary; and

(iii) Genetic genealogy research.

(d) Other services are not eligible for funding through this project without explicit prior approval from the Division.

(e) The Law Enforcement Agency shall obtain approval from the Division if additional funding is necessary. This approval shall be accomplished prior to authorizing an FGG vendor to perform additional services.

History

• Effective 2024-10-23

Chapter 5 Reporting Requirements for Funding Projects

Wyo. Code R. 015.0026.5.10232024 Reporting Requirements for Funding Projects

CHAPTER 5

Reporting Requirements for Funded Projects

Section 1. Reporting Procedure. Each Law Enforcement Agency receiving funding through this program shall submit information when requested to do so by the Division.

(a) The Division will provide standardized questions to the Law Enforcement Agency to obtain this data.

(b) Due to some investigations being long-term, the Law Enforcement Agency shall inform the Division about investigative or legal developments in funded projects, when applicable.

History

• Effective 2024-10-23

41 Cruelty to Household Pet Animals Protection Account

Chapter 1 Cruelty to Household Pet Animals Protection Account

Wyo. Code R. 015.0014.1.02212012 § 1 Authority

These rules are promulgated by the Wyoming Attorney General under the authority given by Wyo. Stat. Ann. § 6-3-1009.

History

• Effective 2012-02-21

Wyo. Code R. 015.0014.1.02212012 § 2 Purpose and Applicability

The purpose of these rules is to implement the Cruelty to Household Pet Animals Protection Account ("Account"). The Account was created to reimburse county law enforcement agencies for eligible expenses regarding household pet animal cruelty cases prosecuted under Wyo. Stat. Ann. § 6-3-1002(a)(iv)(D) or 6-3-1003(c). These rules establish eligible expenses and set forth the procedures how county law enforcement agencies may be reimbursed for eligible expenses.

History

• Effective 2012-02-21

Wyo. Code R. 015.0014.1.02212012 § 3 Severability

If any portion of these rules is found to be invalid or unenforceable, the remainder shall continue in effect.

History

• Effective 2012-02-21

Wyo. Code R. 015.0014.1.02212012 § 4 Eligible Expenses

(a) Eligible expenses are those expenses necessarily incurred by a county law enforcement agency as a result of a household pet animal cruelty case prosecuted under Wyo. Stat. Ann. § 6-3-1002(a)(iv)(D) or 6-3-1003(c). Eligible expenses include the following:

(i) Reasonable expenses that are necessary for the care of household pets which include, but are not limited to:

(A) Food;

(B) Veterinary care, including euthanasia if determined medically necessary by a veterinarian;

(C) Boarding if additional space is required beyond the ordinary capacity of the county's animal control boarding facility; and

(D) Medication.

(ii) Reasonable and necessary testing performed upon a household pet in connection with a case prosecuted under Wyo. Stat. Ann. § 6-3-1002(a)(iv)(D) or 6-3-1003(c).

(iii) Reasonable expenses paid to county law enforcement agency personnel as a result of a household pet animal cruelty case prosecuted under Wyo. Stat. Ann. § 6-3-1002(a)(iv)(D) or 6-3-1003(c).

(iv) Reasonable expert witness fees if expert testimony was required to establish elements of a household pet animal cruelty case prosecuted under Wyo. Stat. Ann. § 6-3-1002(a)(iv)(D) or 6-3-1003(c).

(v) Equipment/supplies leased or purchased as needed to prosecute a household pet animal cruelty case.

History

• Effective 2012-02-21

Wyo. Code R. 015.0014.1.02212012 § 5 Eligible Applicant

Any county law enforcement agency, including a county attorney's office, may apply in writing to the Wyoming Attorney General to request reimbursement of eligible expenses incurred as a result of a household pet animal cruelty case prosecuted under Wyo. Stat. Ann. § 6-3-1002(a)(iv)(D) or 6-3-1003(c). Each application shall follow the procedure set forth in Section 6.

History

• Effective 2012-02-21

Wyo. Code R. 015.0014.1.02212012 § 6 Application Procedure

(a) An eligible applicant may submit a written application to the Wyoming Attorney General. The application shall clearly set forth:

(i) The facts and circumstances of the household pet animal cruelty case for which reimbursement is sought;

(ii) An itemized list of each eligible expense for which reimbursement is requested; and

(iii) A statement explaining the law enforcement agency's efforts to seek reimbursement of eligible expenses from the offender.

(b) The application shall also contain supporting documentation (receipt, voucher, contract, etc.) for each eligible expense.

(c) The application shall be signed by the head of the county law enforcement agency seeking reimbursement.

History

• Effective 2012-02-21

Wyo. Code R. 015.0014.1.02212012 § 7 Reimbursement of Eligible Expenses

(a) The Attorney General will use his discretion to make reasoned decisions whether an applicant is eligible to receive funds from the Account and how much will be awarded, if any. In exercising his discretion, the Attorney General may consider such factors as the availability of funds in the Account, the competing needs of other applicants for funds from the Account, the reasonableness of the eligible expenses and such other factors and circumstances deemed relevant by the Attorney General.

(b) The Attorney General will attempt to announce his decision on the amount of reimbursement of eligible expenses within thirty (30) days of receipt of the written application. In the event the Attorney General requires more information from the applicant, he may request it from the applicant, who will respond to the request within a reasonably prompt time. In cases where the Attorney General requests more information from the applicant, the Attorney General's thirty (30) day period for a decision will commence from the date of receipt of the additional information.

History

• Effective 2012-02-21

Wyo. Code R. 015.0014.1.02212012 § 8 Disbursing Funds

The Attorney General may disburse an award in a single disbursement or multiple disbursements, as he finds appropriate. In the case of projected eligible expenses, the Attorney General may set aside or reserve funds in the Account to satisfy such expenses.

History

• Effective 2012-02-21

Wyo. Code R. 015.0014.1.02212012 § 9 Account Funds not Available to Supplant other Funds

Funds from the Account shall not be used by the applicant for purposes not specified in these rules or Wyo. Stat. Ann. § 6-3-1009, nor shall Account funds be used to supplant funds from other sources. If funds from other sources reimburse an eligible applicant for an eligible expense previously reimbursed by the Attorney General, the applicant shall within thirty (30) days refund to the Attorney General the amount of the eligible expense reimbursed with funds from other sources.

History

• Effective 2012-02-21

35 Medical Review Panel

Chapter 1 General Provisions

Wyo. Code R. 015.0008.1.05152014 General Provisions

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. These rules and regulations are promulgated by the Wyoming Attorney General pursuant to the authority granted the Attorney General and its Director in W. S. § 9-2-1517.

Section 2. Principal Reason for Adoption of Rules. These rules and regulations are adopted for the purpose of providing procedures for practice before the Wyoming Medical Review Panel, and to implement the policy contained in W. S. § 9-2-1514.

Section 3. Definitions.

(a) As used in these rules:

(i) "Claimant" means the person who submits a case to the panel by filing a claim pursuant to Chapter 2 Section 1, of these rules.

(ii) "Director" means the Attorney General or his designee.

(iii) "Health care provider" (hereinafter "HCP") means a person or facility licensed, certified or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession, but does not include a person who provides health care solely through the sale or dispensing of drugs or medical devices;

(iv) "Malpractice claim" or "claim" means any claim against a HCP for alleged medical treatment, alleged lack of medical treatment, or other alleged departure from accepted standards of health care which results in damage to the patient.

(v) "Panel" means the medical review panel provided for under the Act.

(vi) "Reasonable probability" means a factual basis which might lead a reasonable mind to the conclusion. Where there is evidence in the record and room for two opinions, the conclusion must be reached honestly and upon due consideration.

(vii) "Substantial evidence" means relevant and competent evidence a reasonable mind might accept as adequate to make a finding of fact. It may be less than the weight of the evidence, but it shall not be clearly contrary to the overwhelming weight of the evidence. More is required to meet the burden than a mere scintilla of evidence or suspicion of the existence of a fact to be established.

(viii) "The act" means W. S. §§ 9-2-1513 through 9-2-1523.

Section 4. Scope of the Rules. These rules apply to all proceedings before the Wyoming Medical Review Panel established by the act.

Section 5. Computation of Time. Computation of time periods prescribed or allowed under this act shall be in accordance with Rule 6 of the Wyoming Rules of Civil Procedure.

Section 6. Data Collection. The Director shall collect data on the ultimate disposition of claims coming before the Panel. Information to be collected includes total number of claims filed, total number of claims proceeding to hearing, hearing outcomes, and the number of cases proceeding to court and their outcome, if available.

History

• Effective 2014-05-15

Chapter 2 Presentation of Claim and Answer

Wyo. Code R. 015.0008.2.05152014 Presentation of Claim and Answer

CHAPTER 2

PRESENTATION OF CLAIM ANSWER AND EXPERT REPORT

Section 1. The Claim.

(a) Prior to the filing of a complaint in any court, all malpractice claims against

a HCP shall be filed with and processed by the panel, unless submission to the panel is waived in accordance with W.S.§ 9-2-1519(a), or is subject to a valid arbitration agreement allowed by law.

(b) Claimants shall submit a case for consideration by the panel by filing with the Director a claim in writing and signed by the Claimant or his attorney. Claims may be submitted by mail, fax or electronic media. Service by mail shall be addressed to: Director Wyoming Medical Review Panel P. O. Box 1507 Casper, Wyoming 82602

(c) The claim shall contain the following, unless the requested information is not applicable:

(i) The Claimant's name, address and telephone number. If a Claimant is represented by counsel, the mailing address, e-mail address, telephone number and fax number of counsel shall also be included.

(ii) The name and address of all HCPs against whom the claim has been filed.

(iii) A description of the injury suffered.

(iv) A statement in reasonable detail of the elements of the HCP's conduct which are believed to constitute a malpractice claim, and the dates the conduct occurred.

(v) A medical record release form, signed by the Claimant, authorizing the panel to obtain access to all HCP records and information pertaining to the claim and, for the purposes of its consideration of this matter only, waiving any privilege as to the contents of those records. Nothing in the statement may in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court.

(vi) A statement of the proper venue for the hearing.

(vii) The names and addresses of all HCPs having medical records relevant to the claim.

(viii) Any other supplementary information which is readily available to the claimant.

(d) Upon receipt of a claim, the Director shall cause a true copy of the claim and medical release form to be served by registered mail on the HCPs against whom the claim has been filed.

(e) Docketing. The Director shall assign a caption and docket number to each claim. All papers, pleadings, motions, and orders filed thereafter shall contain a reference to the assigned caption and docket number, a brief designation describing the document filed and the name, address, and the telephone number of the person who prepared the document.

(f) Amendment of Claim. The claim may be amended once as a matter of right not less than fourteen (14) days prior to the hearing date. Additional amendments must be approved by the panel. An amended claim may be answered, but an answer is not required to an amended claim until the time of hearing.

(g) Multiple Parties. When a claim is filed against two (2) or more HCPs, the claim against each HCP shall be consolidated for hearing unless by stipulation of all parties or at the discretion of the panel, the claims are heard separately.

Section 2. The Answer.

(a) The HCP shall answer the claim within sixty (60) days after service of the claim and medical record release form. The answer shall be in writing and contain the following, unless not applicable:

(i) The HCP's name, address and telephone number. The mailing address, e-mail address and telephone number and fax number of counsel, if any, shall also be included;

(ii) A statement or other pleading specifically admitting or denying the alleged facts stated by the Claimant in the malpractice claim, or, a motion for more definite statement;

(iii) A statement of any other relevant facts;

(iv) A medical records release form authorizing the panel to inspect all records and information pertaining to the claim and under the control of the HCP except those records which are privileged pursuant to W.S. § 35-2-910, W. S. § 35-17-105, and 42 USC 11137(b);

(v) Any other supplementary information which is readily available to the HCP;

(vi) A copy of the Claimant's medical records in the possession of the HCP. All handwritten materials which are not readily legible shall be transcribed into a printed or typewritten form;

(vii) A statement of the proper venue if there is a disagreement with that put forward by Claimant;

(b) The answer shall be signed by the HCP or his attorney, and filed with the Director. Answers may be submitted by mail, fax or electronic media. Mail should be addressed to: Director Wyoming Medical Review Panel P. O. Box 1507 Casper, Wyoming 82602

(c) Failure to Answer. Failure of the HCP to timely file an answer to the claim, or if the HCP files a written waiver of the right to appear before the MRP, or if the Director is unable to serve the HCP, the Director shall file an order authorizing the Claimant to immediately pursue the claim in a court of competent jurisdiction.

Section 3. Expert Report.

(a) The Claimant shall, within sixty (60) days following receipt of HCP answer, submit a statement prepared and signed by an expert in the specialty or subspecialty of medical practice at issue, setting forth the basis for the expert's belief the conduct is believed to constitute a malpractice claim and the evidence currently available to support the expert's opinion. The Director shall forward a copy of the expert report to the HCP.

(b) Claimant's failure to file an Expert Report may result in the dismissal of all or part of the Claim.

History

• Effective 2014-05-15

Chapter 3 Selection of Panel and Hearing

Wyo. Code R. 015.0008.3.05152014 Selection of Panel and Hearing

CHAPTER 3

SELECTION OF THE PANEL

Section 1. Notice to Licensing Agency and State Bar and Selection of Professional Panelists.  Within five (5) days of receipt of a claim and medical release, the Director shall notify the appropriate state licensing agency of the HCP involved and the state bar of the filing of the claim. Within fourteen (14) days of the notification, the state licensing agency and the state bar shall each provide the Director a list of twelve (12) of its members as proposed panelists. To the extent possible, the state licensing agency shall include on the list persons specializing in the same field or discipline as the HCP against whom the claim is made.

Section 2. When the claim is set for hearing, the Director shall select two (2) HCPs from the list provided by the state licensing agency and two (2) attorneys from the state bar list to serve as panelists and shall notify the parties and the panel members selected of their selection.

Section 3. Selection of Lay Panelist.  The four professional panelists, chosen in Section 2 above, shall unanimously select and appoint one (1) person as lay panelist. The lay member chosen by the original panel shall serve even if one of the original panel members is challenged and replaced in accordance with W. S. § 9-2-1520(d). The Director shall solicit and maintain a list of lay persons who wish to serve as members of medical review panels.

Section 4. Qualifications of Panel Members.

(a) All panel members must be residents of the State of Wyoming.

(b) The lay panel member cannot be an attorney, HCP or an employee of an attorney or HCP.

(c) If feasible, one (1) member of the panel shall be from the HCP's profession or specialty, in good standing with the state licensing agency.

(d) If feasible, in those cases where the theory of respondent superior or some other derivative theory of recovery is employed, one (1) member shall be from the individual HCP's profession or specialty and one (1) member shall be from the profession or specialty of the HCP named as employer, master or principal.

(e) If feasible, in those cases where a facility licensed to provide health care is named in the complaint, one (1) member who is an individual currently serving in an administrative position directly related to operations or conduct that includes responsibility for the area of practice that is the subject of the claim.

(f) No panel member shall be the subject of the claim, or an employee or the employer of a HCP subject to the claim for which the panel is formed.

Section 5. Disqualification of Panel Members.

(a) If, within fifteen (15) days of receipt of the notice of selection of the professional panelists, the Claimant or the HCP against whom the claim is made files an affidavit stating his belief that a professional panelist selected by the Director cannot be impartial in reviewing the claim, the panel member is disqualified, and the Director shall select another from the list. Each party may disqualify not more than three (3) professional panel members under this subsection.

(b) The Director may excuse a panelist from serving if the panelist feels his presence on the panel would be inappropriate under the circumstances of the case, or the panel member is unable to serve. Section 6 . Compensation of Panel Members.

(a) Members of the panel shall receive the following compensation while engaged in the business of the board, not to exceed two thousand dollars ($2000) per claim reviewed;

(i) Five hundred dollars ($500) per day each calendar day the panel is convened.

(ii) Twenty-five dollars ($25.00) per preparation hour.

(iii) Compensation for travel and other services as provided in W.S. §§ 9-3-102 and 9-3-103.

Section 7. Ex Parte Contacts.  Except to the extent authorized by law, a party or party's attorney shall not communicate, directly or indirectly, in connection with any issue of fact or law with any medical review panel member concerning any pending case, except upon notice and opportunity for all parties to participate. Should ex parte communication occur, the Director shall advise all parties as soon as possible thereafter, and if requested, allow any party or panel member an opportunity to respond.

History

• Effective 2014-05-15

Chapter 4 Hearing Practice and Procedure

Wyo. Code R. 015.0008.4.05152014 Hearing Practice and Procedure

CHAPTER 4

HEARING PRACTICE AND PROCEDURE

Section 1 . Access to Information and Discovery.

(a) From the date a claim is filed, the Director shall compile and maintain a record consisting of all documents relating to the claim. The Director shall make the record available to the Claimant and HCP for inspection free of charge and for copying at reasonable cost during all normal business hours at the main office of the Director.

(b) The Claimant and the HCP may obtain discovery only if both consent in writing to one or more methods of discovery, and provided that it does not interfere with the scheduling or conduct of the hearing, and provided that it is not otherwise prohibited by the act.

Section 2. Scheduling Conference.

(a) After the HCP's answer is filed and the Claimant files the expert report, the Director shall set the matter for a scheduling conference. Claimant and/or HCP are not required to be present if represented by counsel.

(b) The purpose of the scheduling conference is to set a timetable in which to conduct the hearing. The scheduling conference shall be conducted in an informal fashion. After completion of the scheduling conference, the Director shall issue an order at least thirty (30) days prior to the hearing, setting the date, time and location of the hearing and notify the parties of the deadline to file disclosure statements, expert reports, and the time and date of a prehearing conference. The hearing date shall not be more than one hundred twenty (120) days after the Director receives the claim unless the Director or panel finds good cause to delay the hearing.

Section 3. Disclosure Statement and Exhibits

(a) At least twenty (20) days prior to the scheduled hearing, the parties shall file disclosure statements. The disclosure statement shall contain:

(i) a brief statement of the contentions of the party;

(ii) significant uncontroverted facts;

(iii) medical issues to be addressed at the hearing;

(iv) name, address, and a brief description of the testimony of each witness the party intends to present at the hearing;

(v) name, address, qualifications and a brief description of the testimony of each expert witness the party intends to present at the hearing, together with a statement prepared and signed by an expert, setting forth the basis for the expert's belief the conduct is believed to constitute or disprove malpractice and the evidence currently available to support the expert opinion.

(vi) copies of all exhibits to be introduced.

(b) Six (6) complete copies of the disclosure statement and exhibits shall be submitted to the Director.

Section 4. Pre-Hearing Conference.

(a) At least ten (10) days prior to the hearing date set, the parties shall participate in a telephone conference call with the office of administrative hearings and the Director of the panel. During the pre-hearing conference call, the parties shall consider the following:

(i) Simplification and identification of issues;

(ii) Obtaining of admissions to or stipulations of facts not remaining in dispute and of the authenticity of documents;

(iii) Limitation of the number of expert witnesses to be called and scheduling of their appearances;

(iv) Estimation of length of hearing and, if applicable, consideration of any transcription request;

(v) Any other matters that might aid in expeditious consideration and determination of the claim.

Section 5. Witnesses, Costs and Fees.

(a) The panel may issue subpoenas to compel the attendance of witnesses as provided under the Wyoming Administrative Procedure Act. Fees for any witness appearing at a hearing under this section shall be paid by the party calling the witness.

(b) Either the Claimant or the HCP may request a subpoena be issued by the panel. The party requesting shall bear the cost of mileage and witness fees in accordance with W. S. § 1-14-102.

Section 6. Panel Members to Receive Pleadings, Records and Documents Before Hearing. At least fifteen (15) days before the hearing the Director shall provide each panel member copies of all claims, briefs, records, disclosure statements and other documents the Director considers necessary.

Section 7. General Considerations. The hearing shall be informal, and the Wyoming Rules of Evidence and, except as specified in this act, the Wyoming Administrative Procedure Act do not apply. No decision of the Director or the panel is subject to review in a court. A record of the hearing shall be made. The panel may issue subpoenas to compel the attendance of witnesses as provided under the Wyoming Administrative Procedure Act.

Section 8. No Hearing if Parties Agree. If the Claimant and HCP agree, the hearing need not be held, or the claim may be determined by the panel on the basis of the record.

Section 9. Burden of Proof. The Claimant shall have the burden of proof in the proceedings before the panel.

Section 10. Order of Presentation of Evidence.

(a) At the time set for hearing, the Claimant submitting the case for review shall be present, personally, unless his presence is waived by all HCPs or excused upon a timely request stating the reasons therefore. The Claimant or his counsel shall make a brief introduction of his case, including a summary of the facts constituting the alleged professional malpractice which he is prepared to prove. The HCP against whom the claim is brought shall be present unless his presence is waived by the Claimant or excused upon a timely request stating the reasons therefore. He or his counsel may make an introductory statement of his case.

(b) Claimant shall proceed first with his case, followed by the HCP. Both parties may call witnesses to testify, who shall be subject to cross examination. Medical tests, journals and other documents evidence relied upon by either party may be offered and admitted, if relevant, and if submitted in a timely manner. Written statements of fact by treating HCPs or Claimants may be reviewed.

(c) The hearing will be confidential and informal, and the panel shall retain a record of the hearing. The Wyoming Rules of Evidence shall not apply to hearings before the panel; however, irrelevant, immaterial or unduly repetitious evidence may be excluded by the hearing officer.

(d) All members of the panel shall have the right to examine the parties and witnesses.

Section 11. Additional Proceedings. The panel may take the case under advisement or may request that additional facts, records, witnesses or other information be obtained and presented to it at a supplemental hearing, which shall be set for a date not later than thirty (30) days from the date of the original hearing unless the Claimant or his attorney consents in writing to a longer period.

Section 12. Deliberations and Decision.

(a) Upon consideration of all the relevant material, the panel shall determine whether there is:

(i) Substantial evidence that the acts complained of occurred and that they constitute malpractice; and

(ii) A reasonable probability that the patient was injured as result of the acts complained of;

(iii) Other issues the parties agree to submit to the panel for decision.

The panel may choose to refuse to decide the additional issues.

(b) The deliberations of the panel are confidential. All votes of the panel on the questions for discussion shall be by secret ballot. The decision shall be by a majority vote of the panel and shall be signed by the chairman.

(c) The decision shall be in writing and forwarded to the Director who shall serve copies on the parties.

(d) The panel's decision is not binding upon any party.

(e) Failure to issue a timely final decision shall vacate any determination made and shall not bar the Claimant from proceeding with the claim in a court of law.

(f) The final decision shall be in writing and forwarded to the Director who shall serve copies on the parties. The panel's decision is not binding upon any party. The decision of the panel and any testimony, documents or materials submitted thereto and incorporated into the decision of the panel shall be admissible in whole or in part solely for purposes of impeachment in any subsequent trial of the matter, subject to the discretion of the trial court and in accordance with the Wyoming Rules of Evidence.

(g) Notice of the Results of Claims Filed in District Court. If the Claimant files a complaint in court following a panel decision, the Claimant shall submit a written statement as to the outcome of the litigation within sixty (60) days of the final disposition of the litigation.

History

• Effective 2014-05-15

36 Peace Officers Standards &Training Commission

Chapter 1 General Provisions

Wyo. Code R. 015.0009.1.01052018 § 1 Statutory Authority

. Pursuant to W.S. 9-1-701 through 9-1-711 the Wyoming Peace Officer Standards and Training Commission is required to adopt rules and standards which shall be in accordance with provisions of the Wyoming Administrative Procedure Act (W.S. 16-3-101 to 16-3-115).

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.1.01052018 § 2 Purpose

. The purpose of the Peace Officer Standards and Training Commission is to raise and maintain the level of competence within the law enforcement community

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.1.01052018 § 3 Definitions

.

(a) "Accredited college" means a two-year college, college, or university accredited as such by the Department of Education of the state in which the two-year college, four-year college, or university is located, a recognized national accrediting body or the state university in the state in which the two-year college or university is located;

(b) "Agency" means a police department, sheriff's department, highway patrol, state division of criminal investigation, game and fish department, campus police, department of corrections, or any other law enforcement unit;

(c) "Commission" means the Wyoming Peace Officer Standards and Training Commission;

(d) "Certified Position" means a full or part time employment position the principal duties of which may be performed only by a peace officer, detention officer, corrections officer, or dispatcher, as defined by law or in these rules;

(e) "Director" means the executive director of the Commission;

(f) "Electronic filing" means the process of submitting forms over the Internet, using software that has been pre-approved by the Commission;

(g) "Perishable skills" means those skills that require constant attention and constant refining;

(h) "Permanent appointment" means an appointment having permanent full-time status as a peace officer in a law enforcement agency as described in these rules;

(i) "POST" means the Peace Officer Standards and Training Commission;

(j) "School" means any school, college, university, academy, or local training program which offers law enforcement, detention officer, dispatcher or correctional officer training. This term includes within its meaning a combination of courses, curriculum, instructors, and facilities;

(k) "Temporary certification" means a certification as a peace officer, detention officer, dispatcher or correctional officer in a position which has a time limitation placed upon it or is not of a continuing nature;

(l) "High school diploma or equivalent achievement" means a diploma from a high school which is accredited by any State; a general equivalency diploma; a home school diploma which evidences successful completion of a high school curriculum, or a degree issued by an institution of higher learning which is accredited by any nationally recognized accrediting association. For the purpose of this definition "nationally recognized accrediting organization" means an association which has been recognized by the Secretary of the United States Department of Education or the Council for Higher Education Accreditation;

(j) "WLEA" means the Wyoming Law Enforcement Academy.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.1.01052018 § 4 General Provisions

All references to deadlines will be calculated according to calendar days, rather than business days. For the purposes of deadlines specified in Chapter 9 of the POST rules and regulations, the relevant time period shall commence upon service as provided in Chapter 9, section 3 (d).

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.1.01052018 § 5 Director Unavailable

In the event that the director is unavailable to perform the duties set forth in these rules, the Commission shall appoint a Commission member or another qualified individual to carry out the Director's obligations.

History

• Effective 2018-01-05

Chapter 2 Minimum Standards for Employment as Peace Officers, Detention Officers and Dispatchers

Wyo. Code R. 015.0009.2.01052018 Minimum Standards for Employment as Peace Officers, Detention Officers and Dispatchers

CHAPTER 2

MINIMUM STANDARDS FOR EMPLOYMENT AS PEACE OFFICERS, DETENTION OFFICERS, CORRECTIONAL OFFICERS AND DISPATCHERS

Section 1. General Provisions for Employment of Peace Officers, Detention Officers, and Correctional Officers.

(a) Every applicant for employment as a peace officer, detention officer or correctional officer, within the State of Wyoming shall satisfy the following requirements before being employed unless exempt under subsection (d):

(i) Be a United States citizen;

(ii) Be an adult;

(iii) Be fingerprinted. Local, state, and national fingerprint files shall be searched to determine whether the applicant has a criminal record;

(A) Fingerprint checks shall be no older than one (1) year from date of appointment; and

(B) Copies of responses shall be sent to POST;

(iv) Not have been convicted of any crime for which the applicant could have been imprisoned in a federal or state penitentiary;

(v) Hold a high school diploma or evidence of an equivalent achievement;

(A) Copies of proof shall be sent to POST;

(vi) Be of good moral character. The hiring agency shall complete a background investigation;

(A) A background investigation, including, but not limited to, the following shall be completed by the hiring agency before an applicant may be appointed:

(I) Check for current drug and alcohol abuse;

(II) Interview applicant's spouse or significant other;

(III) Check personal references;

(IV) Check employment history;

(V) Check school records;

(VI) Check military records;

(VII) Check DCI & FBI fingerprint files to determine if applicant has a criminal record. (The check shall be made in every state where the applicant has resided.);

(VIII) Check driving record;

(IX) Check present and past employment references. (This should include a check with the applicant's immediate supervisor and other co-workers);

(X) Check credit history; and

(XI) Check Wyoming POST files and any other prior certification history files of other certifying or licensing agencies. (The check shall be made in every state where the applicant has been employed.)

(vii) Be free of any physical, emotional, or mental condition which might adversely affect the applicant's performance of duty.

(A) Emotional and mental conditions shall be evaluated by a licensed psychologist or psychiatrist;

(B) A licensed physician, physician's assistant or nurse practitioner shall certify that an applicant is physically able to perform the duties of the position;

(viii) Pass an oral interview examination by the hiring agency.

(b) In addition to the requirements set forth in subsection (a) above, an applicant shall be disqualified from employment if he has previously been decertified in Wyoming or another State.

(c) Every agency which appoints a peace officer, detention officer, dispatcher, or correctional officer in or for the State of Wyoming shall submit to the Commission an Employment Form within fifteen (15) days of the appointment in writing or by electronic filing. If the applicant meets the minimum employment standards, the director shall issue an appropriate certification or notify the employing agency of the current certification held by the officer within fifteen (15) days of receiving the Employment Form.

(d) An agency may appoint an applicant to a certified position without further investigation if:

(i) The agency has received certification from the Commission that the applicant holds current certification for the position;

(ii) The agency has verified the applicant is employed in good standing by another law enforcement in Wyoming; and

(iii) The agency submits to the Commission an Additional Agency Employment Form within fifteen (15) days of the appointment, in writing or by electronic filing, of a peace officer, detention officer, dispatcher, or correctional officer in or for the State of Wyoming.

(e) No person shall be employed or continued to be employed as a peace officer detention officer, or correctional officer while receiving benefits for total or partial disability pursuant to W.S. §§ 9-3-432, 9-3-611, or 15-5-308.

(f) The requirements set forth above shall be deemed minimum employment requirements and shall not preclude an employing agency from establishing additional employment requirements.

Section 2. General Provisions for Dispatchers

(a) Every applicant for employment as a dispatcher within the State of Wyoming shall satisfy the requirements under Section 1(a)-(d), and (f), as listed above.

(b) No person shall be employed or continue to be employed as a dispatcher while receiving benefits for total or partial disability pursuant to W.S. 9-3-432.

History

• Effective 2018-01-05

Chapter 3 Certification, Employment, and Training Standards for Peace Officers

Wyo. Code R. 015.0009.3.01052018 § 1 Temporary Certification

To qualify for temporary certification peace officers shall meet the provisions of Chapter 2, Section 1.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 2 Reserve Certification

(a) To qualify for reserve certification an officer shall meet the provisions of Chapter 2 Section 1.

(b) No person shall receive a reserve certification unless within two (2) years from the date of employment such person has completed a Commission approved peace officer basic training program and holds an appointment as a peace officer by a Wyoming law enforcement agency.

(c) A reserve officer certification awarded to an individual complying with this section shall be valid for a period of two (2) years from date of issuance.

(d) Officers awarded reserve certification shall meet continuing training requirements of twenty (20) hours every two (2) years to maintain their reserve certification. Verification of the required training shall be provided to the Commission within two (2) years of the date of reserve certification, and every two (2) years thereafter.

(e) Failure of a reserve officer to complete the requirements of this section shall result in the denial of recertification by the Commission.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 3 Basic Peace Officer Certification

(a) To qualify for basic certification an officer shall:

(i) Meet the provisions of Chapter 2, Section 1;

(ii) Be a permanent full-time employee of a law enforcement agency in the State of Wyoming; and

(iii) Have completed a Commission approved peace officer basic training program.

(b) All full-time Wyoming peace officers shall have one (1) year from the date of employment to complete a Commission approved peace officer basic training program.

(c) Basic certification of permanent employees shall be valid for two (2) years from date of issuance.

(d) Failure of an officer to complete the requirements of this section shall result in the denial of basic certification by the Commission.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 4 Advanced Peace Officer Certification

(a) Advanced certification shall be awarded to an officer who meets the following requirements:

(i) Holds a permanent appointment and a basic certification as a peace officer in any law enforcement agency in the State of Wyoming;

(ii) Has completed (1) year of additional experience as a peace officer; and

(iii) Has satisfactorily completed an additional eighty (80) hours of Commission approved training;

(b) All peace officers below the middle management position and assigned to patrol, traffic, or investigation, who routinely effect the physical arrest of criminal suspects are required to complete 10 hours, of 80 hours listed in (a)(iii), in the perishable skills area of Custody and Control, Firearms, Use of Force, Search and Seizure, Emergency Vehicle Operations, CPR/First Aid; and Crisis Intervention Training or other training the Director determines to meet the definition of perishable skills.

(c) The advanced training requirements in this section shall be completed within two (2) years following the date of basic certification.

(d) Failure of any peace officer to complete advanced training as provided by this section shall result in the denial of recertification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 5 Professional Peace Officer Certification

(a) Professional certification shall be awarded to an officer who meets any of the following requirements:

(i) Has been awarded advanced certification, has completed an additional eighty (80) hours of Commission approved training, and has acquired three (3) additional years of experience as a full-time peace officer; or

(ii) Has been awarded an associate's degree, has been awarded advanced certification, has completed an additional forty (40) hours of Commission approved training, and has two (2) additional years of experience as a full-time peace officer; or

(iii) Has been awarded a baccalaureate degree or beyond, has been awarded advanced certification, and has completed one (1) year additional experience as a full-time peace officer.

(b) The professional training requirements of this section shall be completed no later than three (3) years following the date of advanced certification.

(c) A peace officer awarded professional certification shall complete forty (40) hours of continuing training every two (2) years.

(d) All peace officers below the middle management position and assigned to patrol, traffic, or investigation, who routinely effect the physical arrest of criminal suspects are required to complete 10 hours, of the prescribed hours of additional training listed in subsection (c), in the perishable skills areas of Custody and Control, Firearms, Use of Force, Search and Seizure, Emergency Vehicle Operations, CPR/First Aid, Crisis Intervention Training or any other training the Director determines to meet the definition of perishable skills.

(e) Verification of required training shall be provided to the Commission within two (2) years following the date of professional certification, and every two (2) years thereafter.

(f) Failure of any officer to complete the requirements of professional training as provided by this section shall result in the denial of re-certification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 6 Extension of Time Requirements for Training

The director may grant an extension of time for completion of continuing training required by these rules upon a presentation of evidence by the department that an officer is unable to complete the required training within the time prescribed because of illness, injury, military service, special duty assigned or required in the public interest of the concerned jurisdiction, or because of restriction on the availability of required training.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 7 Waiver of basic training program

(a) The director may, upon recommendation of the employing agency, waive the basic, or mini basic, peace officer training program and certify those applicants who can pass a written examination provided by the Commission and an oral interview attesting to the applicant's ability and core competencies.

(b) The applicant shall prove that he satisfactorily completed a basic peace officer training program which in the Commission's opinion is comparable to that required by this section before waiver is granted.

(c) The applicant must complete the Wyoming Criminal Law and Procedure course as outlined by WLEA.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 8 Employment with an Additional Wyoming Law Enforcement Agency

(a) An agency may appoint an applicant to a certified position without further investigation if:

(i) The agency has received certification from the Wyoming Peace Officer Standards and Training Commission that the applicant holds current certification for the position; and

(ii) The agency has verified the applicant is employed in good standing by another law enforcement unit in Wyoming.

(b) The agency shall submit an Additional Agency Employment Form to the Commission within fifteen (15) days of the appointment in writing or by electronic filing.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 9 Employment of a Currently Certified Peace Officer

Currently certified Wyoming peace officers may be employed subject to the following conditions:

(a) Currently certified officers who are not currently employed, may be employed provided the employing agency completes all the requirements set forth in Chapter 2, Section 1 (c)(vii); and

(b) The employing agency shall submit an Employment Form to the Commission within fifteen (15) days of appointment in writing or by electronic filing.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 10 Certification of peace officers previously, but not currently certified in Wyoming

Peace officers previously, but not currently, certified in Wyoming may be certified subject to the following conditions:

(a) The employing agency shall submit an Employment Form to the Commission within fifteen (15) days of appointment in writing or by electronic filing.

(b) Those officers who do not have current certification and have been out of law enforcement less than three (3) years may be certified provided the applicant satisfies the provisions of Chapter 2, Section 1.

(c) Those officers who have been out of law enforcement for more than three (3) years but less than five (5) years may be certified provided the applicant satisfies the provision of Chapter 2, Section 1, and:

(i) Passes a written challenge examination provided by the Commission (the examination may only be taken twice);

(ii) Successfully completes the Wyoming Criminal Law and Procedures Course provided by the Wyoming Law Enforcement Academy for peace officer basic;

(iii) Proves firearms proficiency by passing the WLEA firearms qualification course required for the peace officer basic. The POST firearms proficiency challenge test shall be conducted by a POST certified firearms instructor from another agency, who is qualified as a WLEA firearms instructor, and the test will be fired on WLEA qualification targets;

(iv) Provides proof of current CPR certification; and

(v) Successfully completes a Commission approved domestic violence course.

(d) Officers who have been out of law enforcement for five (5) years or more and have had less than five (5) continuous years of service as a full time peace officer shall satisfy the provisions of Chapter 2, Section 1, and successfully complete a full peace officer basic course to become certified.

(e) Officers who have been out of law enforcement five (5) years, but less than ten (10) years, and had been employed for five (5) or more continuous years as a full-time peace officer may attend the POST approved mini peace officer basic in lieu of the full peace officer basic course. Upon successful completion of the mini peace officer basic, the peace officer challenge process, and compliance with provision of Chapter 2, Section 1, the officer will be granted peace officer certification. Approval to attend the mini peace officer basic shall only be granted by the Commission.

(f) An officer who has not been employed as a full time peace officer for ten (10) years or more shall satisfy the provisions of Chapter 2, Section 1, and successfully complete a full peace officer basic course to become certified.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 11 Certification of peace officers certified/trained in states other than Wyoming

Officers certified/trained in states other than Wyoming may be certified as long as the individual meets the following criteria:

(a) The employing agency shall submit an Initial Employment Form to the Commission within fifteen (15) days of appointment in writing or by electronic filing.

(b) Those applicants who have previously established certification or completed basic training in states other than Wyoming may petition the Commission for certification only when the applicant has met the following conditions:

(i) Has been out of law enforcement less than five (5) years;

(ii) Can provide documentation of successful completion of a peace officer basic program that is, in the Commission's opinion, comparable to the Wyoming peace officer basic offered during the same period;

(iii) Satisfies the provisions of Chapter 2, Section 1;

(iv) Passes a written challenge examination provided by the Commission (the examination may only be taken twice);

(v) Successfully completes the Wyoming Criminal Law and Procedures Course provided by the Wyoming Law Enforcement Academy for peace officer basic;

(vi) Successfully completes a Commission approved domestic violence course;

(vii) Proves firearms proficiency by passing the WLEA firearms qualification course required for the peace officer basic. The POST firearms proficiency challenge test shall be conducted by a POST certified firearms instructor from another agency, qualified as a WLEA firearms instructor, and fired on WLEA qualification targets; and

(viii) Provides proof of current CPR certification.

(c) The applicant who has not been employed as a full time peace officer for five (5) continuous years shall satisfy the provisions of Chapter 2, Section 1, and successfully complete a full peace officer basic course to become certified.

(d) The applicant who has not been employed as a full time peace officer for five (5) years, but less than ten (10) years, and had been employed for five (5) continuous years or more as a full-time peace officer may attend the POST approved mini peace officer basic in lieu of the full peace officer basic course. Upon successful completion of the mini peace officer basic, the peace officer challenge process, and compliance with the provisions of Chapter 2, Section 1, the officer shall be granted peace officer certification. Approval to attend the mini peace officer basic shall be granted by the Commission.

(e) The applicant who has not been employed as a full time peace officer for ten (10) years or more shall satisfy the provisions of Chapter 2, Section 1, and successfully complete a full peace officer basic course to become certified.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 12 Pre-service Graduate Requirements for Peace Officer Certification

(a) A pre-service graduate who meets the provisions of Chapter 2, Section 1 may be employed and certified if employed by a Wyoming law enforcement agency within two (2) years from date of graduation.

(b) A pre-service graduate who meets the provisions of Chapter 2, Section 1 may be employed and certified if employed by a Wyoming law enforcement agency more than two (2) years but less than five (5) years from the date of graduation upon successful completion of the peace officer challenge process.

(c) A pre-service graduate whose fifth anniversary since graduation has passed shall successfully complete the current peace officer basic course.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 13 Credit for Wyoming Highway Patrol Academy

Graduates of the Wyoming Highway Patrol Academy shall be granted a number of hours toward advanced and professional certification which shall be determined by the Commission.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.3.01052018 § 14 Credit for Accredited College Semester Hours

Peace officers may receive training hours for accredited college credits as follows:

(a) Job-related semester credits will be equivalent to ten (10) Commission training hours per credit hour earned.

(b) If a college is using the quarter system, the quarter hours are equivalent to seven (7) Commission training hours per hour earned.

(c) College hours can only be applied to continuing training requirements.

History

• Effective 2018-01-05

Chapter 4 Certification, Employment, and Training Standards for Detention Officers

Wyo. Code R. 015.0009.4.01052018 § 1 Temporary Certification

To qualify for a temporary certification detention officers shall meet the provisions of Chapter 2, Section 1.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 2 Reserve Certification

(a) To qualify for reserve certification a detention officer shall meet the provisions of Chapter 2, Section 1.

(b) No person shall receive a reserve certification unless within two (2) years from the date of employment such person has completed a Commission approved detention officer basic training program and holds an appointment as a detention officer by a Wyoming law enforcement agency.

(c) A reserve detention officer certification awarded to an individual complying with this section shall be valid for a period of two (2) years from date of issuance.

(d) Detention officers awarded reserve certification shall meet continuing training requirements of twenty (20) hours every two (2) years to maintain their reserve certification. Verification of the required training shall be provided to the Commission within two (2) years of the date of reserve certification and every two (2) years thereafter.

(e) Failure of any reserve detention officer to complete the requirements of this section shall result in the denial of recertification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 3 Basic Detention Officer Certification

(a) To qualify for basic certification a detention officer shall:

(i) Meet the provisions of Chapter 2, Section 1.

(ii) Be a permanent full-time employee of a law enforcement agency in the State of Wyoming; and

(iii) Have completed a Commission approved detention officer basic training program.

(b) All full-time Wyoming detention officers shall have one (1) year from the date of employment to complete a Commission approved detention officer basic training program.

(c) Basic certification of permanent employees shall be valid for two (2) years from date of issuance.

(d) Failure of any full-time detention officer to complete the requirements of this section shall result in the denial of certification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 4 Advanced Detention Officer Certification

(a) Advanced certification shall be awarded to an officer who meets the following requirements:

(i) Holds a permanent appointment and a basic certification as a detention officer in any law enforcement agency in the State of Wyoming;

(ii) Completes an additional twenty (20) hours of Commission approved training; and:

(iii) Has completed one (1) year of additional experience as a detention officer.

(b) The advanced training requirements in this section shall be completed within two (2) years following the date of basic certification.

(c) Failure of any detention officer to complete advanced training as provided by this section shall result in the denial of recertification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 5 Professional Detention Officer Certification

(a) Professional certification shall be awarded to a detention officer who meets any of the following requirements:

(i) Has been awarded advanced certification, has completed an additional forty (40) hours of Commission approved training, and has acquired three (3) additional years of experience as a full-time detention officer; or

(ii) Has been awarded an associate's degree, has been awarded advanced certification, has completed an additional twenty (20) hours of Commission approved training, and has two (2) additional years of experience as a full-time detention officer; or

(iii) Has been awarded a baccalaureate degree or beyond, has been awarded advanced certification, and has completed one (1) year additional experience as a full-time detention officer.

(b) The professional training requirements of this section shall be completed no later than three (3) years following the date of advanced certification.

(c) Detention officers awarded professional certification shall complete twenty (20) hours of continuing training every two (2) years. Verification of required training shall be provided to the Commission within two (2) years following the date of professional certification, and every two (2) years thereafter.

(d) Failure of any detention officer to complete the requirements of professional training as provided by this section shall result in the denial of recertification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 6 Extension of Time Requirements for Training

The director may grant an extension of time for completion of continuing training required by these rules upon a presentation of evidence by the department that a detention officer is unable to complete the required training within the time prescribed because of illness, injury, military service, special duty assigned or required in the public interest of the concerned jurisdiction, or because of restriction on the availability of required training.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 7 Waiver of Basic Training Program

(a) The director may, upon recommendation of the employing agency, waive the basic, or mini basic, detention officer training program and certify those applicants who can pass a written examination provided by the Commission and an oral interview attesting to the applicant's ability and core competencies in corrections.

(b) The applicant shall prove that he satisfactorily completed a basic, or mini basic, detention officer training program which in the Commission's opinion is comparable to that required by this section before waiver is granted.

(c) The applicant must complete the Wyoming Criminal Law and Procedure course as outlined by WLEA.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 8 Employment with an Additional Agency

(a) An agency may appoint an applicant to a certified position without further investigation if:

(i) The agency has received certification from the Wyoming Peace Officer Standards and Training Commission that the applicant holds current certification for the position; and

(ii) The agency has verified the applicant is employed in good standing by another law enforcement unit in Wyoming.

(b) The agency shall submit an Additional Agency Employment Form within fifteen (15) days of the appointment in writing or by electronic filing.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 9 Employment of Currently Certified Detention Officers

Currently certified Wyoming detention officers may be employed subject to the following conditions:

(a) Those currently certified detention officers who do not meet the requirements of POST Rules Chapter 4, Section 7 may be employed provided the employing agency completes all the requirements set forth in Chapter 2, Section 1 (c) (vii); and

(b) The employing agency shall submit an Employment Form to the Commission within fifteen (15) days of appointment in writing or by electronic filing.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 10 Certification of previously, but not currently, Certified Detention Officers

Detention officers previously, but not currently, certified in Wyoming may be certified subject to the following conditions:

(a) The employing agency shall submit an Employment Form to the Commission within fifteen (15) days of appointment in writing or by electronic filing.

(b) Those applicants who have been employed as a detention officer within the past three (3) years may be certified provided the applicant satisfies the provisions of Chapter 2, Section 1.

(c) Those applicants who have not been employed as a full time or part time detention officers more than three (3) years but less than five (5) years may be certified provided the applicant satisfies the provisions of Chapter 2, Section 1, and completes the following:

(i) Passes a written challenge examination provided by the Commission (the examination may only be taken twice);

(ii) Successfully completes the Wyoming Criminal Law and Procedures Course provided by the Wyoming Law Enforcement Academy (WLEA) for detention basic;

(iii) Proves firearms proficiency by passing the WLEA firearms qualification course required for detention basic. The POST firearms proficiency challenge test shall be conducted by a POST certified instructor from another agency, qualified as a WLEA firearms instructor, and fired on WLEA qualification targets; and

(iv) Provides proof of current CPR certification.

(d) Applicants who have not been employed as either full time or part time detention officers five (5) years or more and have had less than five (5) continuous years as a full-time detention officer shall satisfy the provisions of Chapter 2, Section 1, and successfully complete a full detention basic course to become certified.

(e) Applicants who were employed as either full time or part time detention officers five (5) years, but less than ten (10) years, and who had been employed for five (5) or more continuous years as a full-time detention officer may attend the POST approved mini detention basic in lieu of the full detention basic course. Upon successful completion of the mini detention basic, the detention challenge process, and compliance with the provision of Chapter 2, Section 1, the applicant detention officer shall be granted detention certification. Approval to attend the mini detention basic shall only be granted by the Director.

(f) Applicants who have not been employed as a full time detention officer for ten (10) years or more shall satisfy the provisions of Chapter 2, Section 1, and successfully complete a full detention officer basic to become certified.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 11 Certification of Detention Officers certified/trained in states other than Wyoming

(a) Those applicants who have previously established certification or completed basic training in states other than Wyoming may petition the Commission for certification only when the applicant completes the following conditions:

(i) The employing agency shall submit an Initial Employment Form to the Commission within fifteen (15) days of appointment in writing, or by electronic filing.

(ii) Has been employed as either a full time or part time detention officer within the past five (5) years;

(iii) Can provide documentation of the successful completion of a detention officer basic program that is, as determined by the Commission, comparable to the Wyoming detention officer basic offered during the same time period;

(iv) Meets the provisions of Chapter 2, Section 1;

(v) Passes a written challenge examination provided by the Commission (the examination may only be taken twice);

(vi) Successfully completes the Wyoming criminal law and procedures course provided by the WLEA for Detention basic;

(vii) Proves firearms proficiency by passing the WLEA firearms qualification course required for detention basic. The POST firearms proficiency challenge test shall be conducted by a POST certified firearms instructor from another agency, qualified as a WLEA firearms instructor, and fired on WLEA qualification targets; and

(viii) Provides proof of current CPR certification.

(b) Applicants who were last employed as either a full time or part time detention officers more than five (5) years and have had less than five (5) continuous years as a full-time detention officer shall satisfy the provisions of Chapter 2, Section 1, and successfully complete a full detention basic course to become certified;

(c) Applicants who have been unemployed as either a full time or part time detention officers for five (5) years, but less than ten (10) years, and had been employed for five (5) or more continuous years as a full-time detention officer may attend the POST approved mini detention basic in lieu of the full detention basic course. Upon successful completion of the mini detention basic, the detention challenge process, and compliance with the provisions of Chapter 2, Section 1, the detention officer shall be granted detention certification. Approval to attend the mini detention basic shall be granted by the Director.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 12 Pre-service Graduate Requirements for Detention Officer Certification

(a) A pre-service graduate who meets the provisions of Chapter 2, Section 1 may be employed and certified if employed by a Wyoming law enforcement agency within two (2) years from date of graduation.

(b) A pre-service graduate who meets the provisions of Chapter 2, Section 1 may be employed and certified if employed by a Wyoming law enforcement agency more than two (2) years but less than five (5) years from the date of graduation upon successful completion of the detention officer challenge process.

(c) A pre-service graduate whose fifth anniversary since graduation has passed shall successfully complete the current detention officer basic course.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 13 Currently Certified Correctional Officer seeking Detention Officer Certification

(a) Currently certified Wyoming Correctional Officers may be considered for certification if the applicant:

(i) Successfully completes the POST approved mini detention basic in lieu of the full detention basic course;

(ii) Successfully completes the POST approved detention basic firearms course;

(iii) Proves firearms proficiency by passing the WLEA firearms qualification course required for detention officer basic. The POST firearms proficiency challenge test shall be conducted by a POST certified firearms instructor from another agency, qualified as a WLEA firearms instructor course and fired on WLEA qualification targets;

(iv) Successfully passes a written challenge examination provided by the Commission (the examination may only be taken twice); and

(v) Provides proof of current CPR certification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 14 Previously Certified Correctional Officers seeking Detention Officer Certification

(a) Correctional officers not holding a current Wyoming detention officer certification, who have previously established certification or completed a correctional officer basic training course and have been employed as a correctional officer within the past 5 years may receive a detention officer certification if the applicant meets the following:

(i) Successfully completes the POST approved mini detention basic in lieu of the full detention basic course;

(ii) Successfully completes the POST approved detention basic firearms course;

(iii) Proves firearms proficiency by passing the WLEA firearms qualification course required for detention officer basic. The POST firearms proficiency challenge test shall be conducted by a POST certified firearms instructor from another agency, qualified as a WLEA firearms instructor course and fired on WLEA qualification targets;

(iv) Successfully passes a written challenge examination provided by the Commission (the examination may only be taken twice);

(v) Provides proof of current CPR certification; and

(vi) Satisfies the provisions of Chapter 2, Section 1.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 15 Credit for Accredited College Semester Hours

Detention officers may receive training hours for accredited college credits as follows:

(a) Job-related semester credits will be equivalent to ten (10) Commission training hours per credit hour earned.

(b) If a college is using the quarter system, the quarter hours are equivalent to seven (7) Commission training hours per hour earned.

(c) College hours can only be applied to continuing training requirements.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.4.01052018 § 16 Detention Officers Working with Juveniles in Collocated Facilities

(a) Detention officers who work with both juvenile and adult inmates in collocated facilities shall be trained and certified to work with juveniles. The training program shall include, at a minimum, the following areas:

(i) Youth development;

(ii) Adolescent physical health;

(iii) Adolescent mental health; and

(iv) Nonviolent crises intervention.

History

• Effective 2018-01-05

Chapter 5 Certification, Employment, and Training Standards for Dispatchers

Wyo. Code R. 015.0009.5.01052018 § 1 Temporary Dispatcher Certification

A dispatcher shall meet the provisions of Chapter 2, Section 1.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 2 Basic Dispatcher Certification

(a) No person shall receive a basic dispatcher certification unless such person has completed a Commission approved dispatcher basic training program and is employed as a dispatcher in Wyoming.

(b) A dispatcher shall have two (2) years from the date of employment to complete a Commission approved dispatcher basic training program.

(c) Basic certification of permanent employees shall be valid for two (2) years from date of issuance.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 3 Extension of Time Requirement for Basic Training

The director may grant an extension of the two (2) year time requirement upon the written application of the dispatcher and his/her employer. The application shall explain the circumstances which make an extension necessary. Factors which the director may consider in granting or denying an extension include the illness of the dispatcher or a member of his/her immediate family or the absence of reasonable access to the basic course. The director shall not grant an extension exceeding two hundred ten (210) days.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 4 Advanced Dispatcher Certification

(a) Advanced certification shall be awarded to a dispatcher who meets any of the following requirements:

(i) Holds a permanent appointment and holds a basic certification as a dispatcher in any law enforcement agency in the State of Wyoming;

(ii) Completes an additional twenty (20) hours of Commission approved training;

(iii) Completes one (1) year of additional experience as a dispatcher.

(b) The advanced training requirement in this section shall be completed within two (2) years following the date of basic certification.

(c) Failure of any dispatcher to complete advanced training as provided by this section shall result in the denial of recertification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 5 Professional Dispatcher Certification

(a) Professional certification shall be awarded to a dispatcher who meets any of the following requirements:

(i) Has been awarded advanced certification, has completed an additional forty (40) hours of Commission approved training, and has acquired three (3) additional years of experience as a full-time dispatcher;

(ii) Has been awarded an associate's degree, has been awarded advanced certification, has completed an additional twenty (20) hours of Commission approved training, and has two (2) additional years of experience as a full-time dispatcher; or

(iii) Has been awarded a baccalaureate degree or beyond, has been awarded advanced certification, and has completed one (1) year additional experience as a full-time dispatcher.

(b) The professional training requirements of this section shall be completed no later than three (3) years following the date of advanced certification.

(c) Dispatchers awarded professional certification shall complete twenty (20) hours of continuing training every two (2) years. Verification of required training shall be provided to the Commission within two (2) years following the date of professional certification and every two (2) years thereafter.

(d) Failure of any dispatcher to complete the requirements of professional training as provided by this section shall result in the denial of recertification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 6 Extension of Time Requirements for Training

The Director may grant an extension of time for completion of continuing training required by these rules upon a presentation of evidence by the Agency that a dispatcher is unable to complete the required training within the time prescribed because of illness, injury, military service, special duty assigned or required in the public interest of the concerned jurisdiction, or because of restriction on the availability of required training.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 7 Waiver of basic training program

(a) The director may, upon recommendation of the employing agency, waive the basic, or mini basic, dispatcher training program and certify those applicants who can pass a written examination provided by the Commission and an oral interview attesting to the applicant's ability and core competencies in dispatch.

(b) The applicant shall prove that he satisfactorily completed a basic dispatcher officer training program which in the Commission's opinion is comparable to that required by this section before waiver is granted.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 8 Employment with an Additional Wyoming Law Enforcement Agency

(a) An agency may appoint an applicant to a certified position without further investigation if:

(i) The agency has received certification from the Commission that the applicant holds current certification for the position; and

(ii) The agency has verified the applicant is employed in good standing by another law enforcement unit in Wyoming.

(b) The employing agency shall submit an Additional Agency Employment Form within fifteen (15) days of the appointment in writing or by electronic filing.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 9 Employment of a Currently Certified Dispatcher

A currently certified Wyoming dispatcher may be employed subject to the following conditions:

(a) Those currently certified dispatchers who do not meet the requirements of POST Rules Chapter 5, Section 7 may be employed provided the employing agency completes all the requirements set forth in Chapter 2, Section 1 (c)(vii) ; and

(b) The employing agency shall submit an Employment Form to the Commission within fifteen (15) days of appointment in writing or by electronic filing.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 10 Certification of previously but not currently, Certified Wyoming Dispatchers

Dispatchers previously, but not currently, certified in Wyoming may be certified subject to the following conditions:

(a) The employing agency shall submit an Employment Form to the Commission within fifteen (15) days of appointment in writing or by electronic filing.

(b) Those applicant dispatchers have been employed as a dispatcher within the past three (3) years may be recertified, provided the applicant satisfies the provisions of Chapter 2, Section 1;

(c) Those applicant dispatchers who were last employed as dispatchers more than three (3) years but less than five (5) years ago may be recertified provided the applicant satisfies the provisions of Chapter 2, Section 1 and passes a written challenge examination provided the Commission (the examination may only be taken twice) and;

(d) Applicant dispatchers last employed as a dispatcher more than five (5) years ago shall satisfy the provisions of Chapter 2, Section 1 and attend the current Commission approved dispatcher basic training course.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 11 Certification of Dispatchers Certified/trained in states other than Wyoming

Those applicants who have previously established certification or completed basic training in states other than Wyoming may petition the Commission for certification only upon the following conditions:

(a) Has been employed as a dispatcher within the last five (5) years;

(b) Can provide documentation of successful completion of a dispatcher basic program that is, in the Commission's opinion, comparable to the Wyoming dispatcher basic offered during the same time period;

(c) Satisfies the provisions of Chapter 2, Section 1 and;

(d) Passes a written challenge examination provided by the Commission (the examination may only be taken twice).

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 12 Pre-Service Graduate Requirements for Dispatcher Certification

(a) A pre-service graduate who meets the provisions of Chapter 2, Section 1 may be employed and certified if employed by a Wyoming law enforcement agency within two (2) years from date of graduation.

(b) A pre-service graduate who meets the provisions of Chapter 2, Section 1 may be employed and certified if employed by a Wyoming law enforcement agency more than two (2) years but less than five (5) years from the date of graduation upon successful completion of the challenge process.

(c) A pre-service graduate whose fifth anniversary since graduation has passed shall successfully complete the current dispatcher basic course.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.5.01052018 § 13 Credit for Accredited College Semester Hours

Dispatchers may receive training hours for accredited college credits as follows:

(a) Job-related semester credits will be equivalent to ten (10) Commission training hours per credit hour earned.

(b) If a college is using the quarter system, the quarter hours are equivalent to seven (7) Commission training hours per hour earned.

(c) College hours can only be applied to continuing training requirements.

History

• Effective 2018-01-05

Chapter 7 Certification, Employment, and Training Standards for Correctional Officers

Wyo. Code R. 015.0009.7.01052018 § 1 Temporary Certification

To qualify for temporary certification correctional officers shall meet the provisions of Chapter 2, Section 1.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.7.01052018 § 2 Reserve Certification

(a) To qualify for reserve certification, a correctional officer shall meet the provisions of Chapter 2, Section 1.

(b) No person shall receive a reserve certification unless within two (2) years from the date of appointment he/she has completed a Commission approved correctional officer basic training program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the Commission.

(c) A reserve correctional officer certification awarded to an individual complying with this section shall be valid for a period of two (2) years from date of issuance.

(d) Correctional officers awarded reserve certification shall meet continuing training requirements of twenty (20) hours every two (2) years to maintain their reserve certification. Verification of the required training shall be provided to the Commission within two (2) years of the date of the reserve certification and every two (2) years thereafter.

(e) Failure of any reserve correctional officer to complete the requirements of this section shall result in the denial of recertification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.7.01052018 § 3 Basic Correctional Officer Certification

(a) To qualify for basic certification, an officer shall:

(i) Meet the provisions of Chapter 2, Section 1.

(ii) Be a permanent full-time employee of the Wyoming Department of Corrections.

(iii) Have completed a Commission approved correctional officer basic training program.

(b) A person shall not be appointed as a correctional officer on a permanent basis unless within one (1) year from the date of his/her original appointment he/she is awarded a certification by the director attesting that he/she satisfactorily completed a Commission approved correctional officer basic training program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the Commission.

(c) The Director may extend the one (1) year time requirement of this section upon the written application of the correctional officer and their employer. The application shall explain the circumstances which make the extension necessary. Factors which the Director may consider in granting or denying the extension include the illness of a correctional officer or a member of their immediate family or the absence of reasonable access to the basic course. The Director shall not grant an extension exceeding one hundred eighty (180) days.

(d) Basic certification of permanent employees shall be valid for two (2) years from date of issuance.

(e) Failure of an officer to complete the requirements of this section shall result in the denial of certification by the Commission.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.7.01052018 § 4 Advanced Correctional Officer Certification

(a) Advanced certification shall be awarded to an officer who meets any of the following requirements:

(i) Holds a permanent appointment and holds a basic certification as a correctional officer in the state of Wyoming,

(ii) Completes an additional twenty (20) hours of Commission approved training, and

(iii) Completes one (1) year of additional experience as a correctional officer,

(b) The advanced training requirements in this section shall be completed within two (2) years following the date of basic certification.

(c) Failure of any correctional officer to complete advanced training as provided by this section shall result in the denial of recertification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.7.01052018 § 5 Professional Correctional Officer Certification

(a) Professional certification shall be awarded to a correctional officer who meets any of the following requirements:

(i) Has been awarded advanced correctional officer certification, has completed an additional forty (40) hours of Commission approved training, and has acquired three (3) additional years of experience as a full-time correctional officer;

(ii) Has been awarded an associate's college degree, has been awarded advanced correctional officer certification, has completed an additional twenty (20) hours of Commission approved training, and has two (2) additional years of experience as a full-time correctional officer; or

(iii) Has been awarded a baccalaureate college degree, has been awarded advanced correctional officer certification, and has completed one (1) year additional experience as a full-time correctional officer.

(b) The professional training requirements of this section shall be completed no later than three (3) years following the date of advanced certification.

(c) Correctional officers awarded professional certification shall complete twenty (20) hours of continuing training every two (2) years. Verification of required training shall be provided to the Commission within two (2) years following the date of professional correctional officer certification, and every two (2) years thereafter.

(d) Failure of any correctional officer to complete the requirements of professional training as provided by this section shall result in the denial of recertification.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.7.01052018 § 6 Extension of Time Requirements for Training

The director may grant an extension of time for completion of continuing training required by these rules upon a presentation of evidence by the department that a correctional officer is unable to complete the required training within the time prescribed because of illness, injury, military service, special duty assigned or required in the public interest of the concerned jurisdiction, or because of restriction on the availability of required training.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.7.01052018 § 7 Waiver of Basic Training Program

(a) The Commission may, upon recommendation of the employing agency, waive the basic, or mini basic, correctional officer training program and certify those applicants who can pass a written examination provided by the Commission and an oral interview attesting to the applicant's ability and core competencies in corrections.

(b) The applicant shall prove that he satisfactorily completed a basic correctional officer training program which in the Commission's opinion is comparable to that required by this section before waiver is granted.

(c) The applicant must complete the Wyoming Criminal Law and Procedure course as outlined by WLEA.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.7.01052018 § 8 Employment of Currently certified Wyoming correctional officers

Currently certified Wyoming correctional officers may be employed subject to the following conditions:

(a) The employing agency completes all the requirements set forth in Chapter 2, Section 1(c) (vii); and

(b) The employing agency shall submit an Employment Form to the Commission within fifteen (15) days of appointment in writing or by electronic filing.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.7.01052018 § 9 Certification of previously, but not currently, correctional officers

Correctional officers previously, but not currently certified may be certified subject to the following conditions:

(a) The employing agency shall submit an Employment Form to the Commission within fifteen (15) days of appointment in writing or by electronic filing.

(b) Those applicant correctional officers who have been out of corrections less than three (3) years may be certified provided the applicant satisfies the provisions of Chapter 2, Section 1.

(c) Those applicant correctional officers who have been out of corrections for more than three (3) years but less than five (5) years may be certified provided the applicant satisfies the provisions of Chapter 2, Section 1, and;

(i) Passes a written challenge examination provided by the Commission (the examination may only be taken twice);

(ii) Successfully completes the Wyoming criminal law and procedures course for correctional basic;

(iii) Provides proof of current CPR certification; and

(iv) Demonstrates the core competencies of a correctional officer as defined by the employing agency in cooperation with the Commission.

(d) Applicant correctional officers who have not been employed as a correctional officer during the last five (5) years or more and have had less than five (5) continuous years as a full-time correctional officer shall satisfy the provisions of Chapter 2, Section 1, successfully complete a full correctional basic course, and demonstrate the core competencies of a correctional officer as defined by the employing agency in cooperation with the Commission to become certified.

(e) Applicant correctional officers who have not been employed as a correctional officer during the last five (5) years, but were employed as a correction officer less than ten (10) years ago, and had been employed for five (5) or more continuous years as a full-time correctional officer may attend the Commission approved mini correctional basic in lieu of the full correctional basic course. Upon successful completion of the mini correctional basic, the correctional challenge process, demonstration of the core competencies of a correctional officer as defined by the employing agency in cooperation with the Commission, and compliance with the provisions of Chapter 2, Section 1, the officer shall be granted correctional officer certification. Approval to attend the mini correctional basic may only be granted by the Commission.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.7.01052018 § 10 Correctional officers certified/trained in states other than Wyoming

(a) Officers, who have been employed as a correction officer within the last five (5) years, who were certified/trained in states other than Wyoming may be certified as long as the individual meets the following criteria:

(i) The employing agency shall submit an Employment Form to the Commission within fifteen (15) days of appointment in writing or by electronic filing.

(ii) The applicant correctional officers has been employed as a correctional officer within the last five (5) years;

(iii) Can provide documentation of the successful completion of a correctional officer basic program that is, in the Commission's opinion, comparable to the Wyoming correctional officer basic offered during the same time period;

(iv) Satisfies the provisions of Chapter 2, Section 1;

(v) Passes a written correctional officer challenge examination provided by the Commission (the examination may only be taken twice);

(vi) Successfully completes the Wyoming criminal law and procedures course for correctional basic;

(vii) Provides proof of current CPR certification: and

(viii) Demonstrates the core competencies of a correctional officer as defined by the employing agency in cooperation with the Commission.

(b) Applicants who have not been employed as a correctional officer during the last five (5) years or more and have had less than five (5) continuous years as a full-time correctional officer shall satisfy the provisions of Chapter 2, Section 1, successfully complete a full correctional basic course, and demonstrate the core competencies of a correctional officer as defined by the employing agency in cooperation with the Commission to become certified.

(c) Applicant who have not been employed as a correctional officer during the last five (5) years, but were employed as a correction officer less than ten (10) years ago, and had been employed for five (5) or more continuous years as a full- time correctional officer may attend the Commission approved mini correctional basic in lieu of the full correctional basic course. Upon successful completion of the mini correctional basic, the correctional challenge process, demonstration of the core competencies of a correctional officer as defined by the employing agency in cooperation with the Commission, and compliance with the provisions of Chapter 2, Section 1, the officer shall be granted correctional officer certification. Approval to attend the mini correctional basic may only be granted by the Commission.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.7.01052018 § 11 Credit for Accredited College Hours

Correctional officers may receive training hours for accredited college credits as follows:

(a) Job-related semester credits will be equivalent to ten (10) Commission training hours per credit hour earned.

(b) If a college is using the quarter system, the quarter hours are equivalent to seven (7) Commission training hours per hour earned.

(c) College hours can only be applied to continuing training requirements.

History

• Effective 2018-01-05

Chapter 8 Grounds for Denial, Suspension or Revocation of Certification

Wyo. Code R. 015.0009.8.01052018 § 1 Mandatory Grounds for the Denial, Suspension or Revocation of Peace Officer, Detention Officer, Dispatcher, or Correctional Officer Certification

The Commission shall deny, suspend or revoke a certification of a certified individual under any of the following circumstances:

(a) The officer is convicted of a felony;

(b) The Commission has received a certified copy of an order from a court to withhold, suspend, or otherwise restrict a certificate issued by the Commission;

(c) The officer unlawfully uses, possesses, or distributes controlled substances or other drugs;

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.8.01052018 § 2 Other Grounds for the Denial, Suspension, or Revocation of Peace Officer, Detention Officer, Dispatcher, or Correctional Officer Certification

The Commission may revoke a certified individual's certification if the certified individual:

(a) Willfully falsified information to obtain or maintain certification;

(b) Has a physical or mental condition which substantially limits the officer's ability to perform the essential duties of a peace officer, detention officer, dispatcher, or correctional officer or poses a direct threat to the health and safety of the public or fellow officers;

(c) Partook in the unauthorized use of or being under the influence of alcoholic beverages while on duty, the excessive use of alcoholic beverages, or a conviction for driving while under the influence of alcohol;

(d) Is found to have committed a criminal offense;

(e) Substantially fails to comply with the Act or these rules;

(f) Participates in other conduct or a pattern of conduct which tends to significantly undermine public confidence in the law enforcement profession, including, but not limited to, sexual harassment, discriminatory conduct, and falsifying reports;

(g) Fails to meet the minimum standards for employment for peace officers, detention officers, correctional officers and dispatchers under Chapter 2; or

(h) Fails to meet the minimum training requirements provided in these rules.

8 - 1

History

• Effective 2018-01-05

Chapter 9 Practice and Procedure for Denial, Suspension, or Revocation of Certification

Wyo. Code R. 015.0009.9.01052018 § 1 Complaints

(a) Any complaint made against a peace officer, detention officer, dispatcher, or correctional officer holding a certification granted by the Commission alleging a violation of the Peace Officer Standards and Training Commission Act (W.S. 9-1-701 through 709) or the rules and regulations of the Commission shall be in writing and shall provide at least the following information:

(i) Name, address and place of employment of the person believed to have violated the Act or the rules and regulations of the Commission;

(ii) A detailed description of the alleged violation, including dates, times and locations;

(iii) The name and address of other witnesses, if any; and

(iv) The signature, address, and telephone number of the person making the complaint.

(b) A complaint, in the form prescribed above, may also be made by the director based on his own knowledge or information and belief.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.9.01052018 § 2 Investigations

(a) The director shall investigate all complaints.

(b) Following review and investigation of a complaint, the director may take any appropriate action, including, but not limited to, the following:

(i) Forward the complaint to the Commission for formal disciplinary proceedings;

(ii) Send a written letter of warning to the subject of the complaint, explaining the allegation of violation and requesting an explanation or statement of intent to cure the violation;

(iii) Accept the voluntary surrender of a certificate issued by the Commission;

(iv) Deny recertification;

(v) Institute proceedings to revoke certification; or

(vi) Close the investigation of the complaint and take no further action.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.9.01052018 § 3 Commencement of Formal Proceedings for Suspension or Revocation of Certification

(a) Formal proceedings may be commenced only after the filing of a complaint as prescribed above, alleging a violation of the Act or the rules and regulations of the Commission.

(b) Formal proceedings for the suspension or revocation of certification shall be commenced by a written notice issued by the Commission, served in person or by certified mail.

(c) The notice shall contain at least:

(i) The name and address of the respondent;

(ii) A statement, in plain language, of the nature of the complaint and the matters asserted;

(iii) The particular sections of the statutes or rules alleged to have been violated;

(iv) Notification that a hearing may be held if requested in writing and the legal authority for the hearing; and

(v) Notification that the failure to make written response to the complaint or submit a written request for a hearing within twenty (20) days of the date of the notice may result in an adverse decision being rendered by default.

(d) Service on the respondent shall be deemed complete and effective if the notice is sent by certified mail and regular mail to the respondent at the last known address or last address provided to the Commission by the respondent.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.9.01052018 § 4 Denial, suspension, or revocation of Certification

(a) Any person whose certification has been denied, suspended or revoked by the director may contest the denial, suspension or revocation to the Commission pursuant to the Wyoming Administrative Procedure Act and these rules.

(b) A request for hearing must be in writing and filed with the Commission within thirty (30) days of the date of the director's written notice denying, suspending, or revoking certification.

(c) The applicant has the burden of proving that he/she meets all requirements for the certification requested.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.9.01052018 § 5 Docket

(a) When formal proceedings are initiated and notice has been given to the respondent, the case shall be assigned a docket number by the director.

(b) The director shall establish a separate file for each docketed case, in which shall be systematically placed all papers, pleadings, motions, documents, transcripts, evidence, and exhibits pertaining thereto, and all such items shall have noted there on the docket number assigned and the date of filing.

(c) The director shall arrange for a hearing officer to conduct the hearing and proceedings in connection therewith.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.9.01052018 § 6 Contested Cases

(a) All formal contested case hearings shall be conducted pursuant to the Wyoming Administrative Procedure Act and the Office of Administrative Hearings rules concerning contested case proceedings.

(b) The Commission hereby incorporates by reference the following uniform rules:

(i) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at: http://soswy.state.wy.us/Rules/RULES/9644.pdf.

(ii) For these rules incorporated by reference:

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

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

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

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.9.01052018 § 7 Decision and Order

(a) Following a hearing, the Commission shall make and enter a written decision and order containing findings of facts and conclusions of law, stated separately.

(b) The decision and order shall be sent by certified mail to the respondent and the respondent's attorney of record.

(c) This rule does not preclude the Commission from giving preliminary, non-binding notice to the parties prior to the filing of the Commission's written decision and order.

(d) All decisions of the Commission shall be effective as of the time of the filing of the written decision and order.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.9.01052018 § 8 Surrender of Certificate

In the event a certificate is revoked or suspended, the certificate shall be surrendered to the Commission.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.9.01052018 § 9 Appeals

(a) Appeals from decisions of the Commission are governed by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

(b) Costs of transcripts and any reasonable costs assessed by the Commission regarding the record on appeal shall be borne by the party making the appeal.

9-1

History

• Effective 2018-01-05

Chapter 10 Minimum Standards for Schools and Training Programs

Wyo. Code R. 015.0009.10.01052018 § 1 Initial Certification of Schools

(a) An initial request for approval of a school shall be made in writing to the Commission by the school or academy director.

(b) Approval of a school may be made on the basis of an on-site inspection conducted by the director or representative of the Commission, with or without advance notice to the school.

(c) Any inspection of a school or academy shall be conducted within thirty (30) days of receipt of the request by the director.

(d) Approval of a school offering a one-time law enforcement special training course shall be issued for a period of time not to exceed one (1) year.

(e) Certification may be revoked by the Commission, pursuant to W.S. 9-1-703(b) (ii), whenever a school is deemed inadequate or no longer presents certified courses. In such event, the sponsoring school and the head of each department whose trainees participate in the school shall be notified by the Commission. The school may be recertified when the Commission deems that the deficiencies have been corrected.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.10.01052018 § 2 Certification of Commission-Mandated Basic Training Programs

(a) Training programs shall be certified by the director. There shall be four (4) general areas to be considered by the director before certifying any program:

(i) Curricula. A training curriculum for a mandated course with an approved number of hours of scheduled classroom instruction is required. All training programs offering law enforcement training shall satisfy the qualifications and standards promulgated by the Commission:

(ii) Instructor(s). Instructors in approved law enforcement training shall meet the minimum qualifications as to training and experience provided by Chapter 11 of these rules;

(iii) Training Aids. Training aids for law enforcement training should be provided to supplement classroom instruction; and

(iv) Facilities. The general requirements for training facilities include, where applicable, adequate space for offices, storage, classrooms, and dormitories; adequate lighting for training areas; adequate classroom acoustics; adequate restrooms; compliance with local and state fire and safety regulations; adequate space for training in defensive tactics; firearms range availability; and emergency vehicle operation training equipment and facilities.

(b) Copies of the approved Basic Academy Training program or other non in-service course curriculum of Commission-mandated courses may be obtained from the director.

(c) Certification of basic academy training programs or other non in-service courses in the state of Wyoming shall be made on the basis of on-site inspections conducted by the director, unless effective certification can be accomplished without on-site inspection.

(d) The director shall annually certify, as appropriate, the training programs of schools, colleges, or academies providing a basic course of law enforcement training similar to the currently approved basic provided by the Wyoming Law Enforcement Academy.

(e) Approval or disapproval of a Commission-mandated training program will be furnished in writing by the director to the administrator of the unit requesting certification within thirty (30) days of receipt of the request by the director. Any disapproval shall include reasonable explanations of deficiency.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.10.01052018 § 3 Submission of Amended Training Plans

The supervisor of each law enforcement unit may submit to the director a proposed plan setting forth recommended changes in the basic training curriculum. The proposed plan may be used by the Commission in drafting or revising certification and accreditation requirements. The decision of the Commission to adopt or reject any proposed plan shall be final and shall not be subject to review.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.10.01052018 § 4 Accreditation of In-Service Training Programs

(a) A request for accreditation of in-service training courses shall be completed and submitted to the director with a course outline prior to the start of the scheduled training. The director shall act on the request within five (5) working days after receipt of the completed request form and all required course material.

(b) Requirements of in-service training programs, which shall be included in the request for accreditation, included but are not limited to:

(i) Subject matter shall be found by the Director to be related to the duties of the peace officer, detention officer, correctional officer, or dispatcher;

(ii) Accreditation requests for training shall include an outline of the course, which includes content of the course and a breakdown of hours of instruction for the course;

(iii) Accreditation requests for training shall provide courses which meet or exceed one (1) hour of training; and

(iv) Instructors shall be identified pursuant to Chapter 11 of these Rules.

(c) Accreditation will not be granted for roll-call training, field training programs, or exclusive use of tapes, video tapes, and training films unless prior approval is granted by the director.

(d) Any program shall provide for a written attendance record. Students enrolled in the training course shall attend a minimum of ninety-percent (90%) of the course in order to receive accreditation.

(e) A Notice of Course Completion Form or a Course Completion Form submitted by electronic filing, shall be completed for each class, which shall meet the following requirements:

(i) Be signed by the course coordinator or submitted by electronic filing,

(ii) Include post certified instructors and the hours each instructor taught,

(iii) Include each POST certified attendee's name, certification status, and employing agency; and

(iv) Be returned to POST within five (5) working days of completion of the course. Training hours cannot be validated until the Notice of Course Completion has been received.

(f) Firearms Training. Firearms training shall be provided by a person who possesses credentials as a Subject Matter firearms instructor. Firearm contests, competition and weapons testing shall not be accredited training. One hour of training shall be granted for departmental qualification training, not to exceed four (4) hours annually.

(g) All training via LETN, video training, internet training, law enforcement teleconferencing, and correspondence courses must be tested. Additionally,

(i) Certification of these different training programs will be left to the discretion of the director;

(ii) All training shall be reported to POST within five (5) days of completion of the course or by electronic filing;

(iii) Peace officers can acquire full credit for non-classroom training hours with completion of 10 hours of mandated perishable skills training as outlined in chapter 3;

(iv) Detention officers, dispatchers and correctional officers can acquire up to one half of the mandated training hours.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.10.01052018 § 5 Lateral Transfer

Credit for training hours received in other states may be granted by the director, provided that certificates of successful completion showing the number of training hours received are sent to the director. If certificates do not show hours attended, a course outline showing training hours shall be sent with the certificate before credit will be granted.

History

• Effective 2018-01-05

Chapter 11 Minimum Standards for Instructors

Wyo. Code R. 015.0009.11.01052018 § 1 Certification of Instructors

(a) Any person serving as a training officer in a law enforcement agency or an accredited criminal justice training course of program in or for the State of Wyoming shall first be certified as an instructor by the director.

(b) The director shall certify instructors, pursuant to W.S. 9-1-703(b)(iii). An instructor will be certified or recognized on the basis of documented qualifications as set out in this chapter and shown on the applicant's application for certification or request for in-service training.

(c) The director may deny, or the Commission may suspend or revoke an instructor's certification when the instructor:

(i) Does not meet any of the requirements or qualifications for certification;

(ii) Has failed to provide proof of continuing education in his/her area of expertise that is current and within two (2) years of the application date received at POST, or has failed to maintain hours of instruction or other eligibility requirements for renewal as an instructor prior to the expiration date, in their area of expertise;

(iii) Has demonstrated instructional incompetence in knowledge of material, in preparation of course material or safety; or

(iv) Is in violation of the rules.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.11.01052018 § 2 General Instructor Certification

(a) To qualify for a general instructor certificate, an applicant shall satisfactorily demonstrate, to the director, a combination of education and experience in criminal justice, as well as proficiency in the instructional process. The applicant shall satisfy the following requirements:

(i) Will be employed as an instructor on a full-time basis or instruct a minimum of eighty (80) hours per year;

(ii) At a minimum, is a high school graduate, or has passed the General Education Development Test (GED) indicating high school equivalency;

(iii) Has acquired five (5) years of full-time continuous practical experience as a peace officer, detention officer, dispatcher, correctional officer, or as an administrator or specialist in a field relevant or related to the criminal justice system; and

(iv) Has completed, or within two years of becoming an academy instructor, completes an approved instructor development training course, or equivalent instructor training program approved by the director which meets the minimum standards for instructor certification both in content and hours.

(b) Certification as a general instructor shall remain effective for two (2) years from the date of issuance. The instructor shall apply for recertification at or before the end of the two (2) year period. Application for recertification must meet the requirements in of subsection (a) and must be current within two (2) years of being submitted.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.11.01052018 § 3 Practitioner Lecturer Instructor

(a) The director may certify an instructor who has developed specific skills and abilities by virtue of special training, practical experience and demonstrated experience.

(b) To qualify for certification as a Practitioner Lecturer Instructor in a topic area, the applicant shall:

(i) Show the training of the applicant in the specific topic or skill for which certification is sought by documenting the completion of training in the specific topic area from a recognized institution which frequently presents such training programs in the ordinary course of its business or activities that is current and within two (2) years of application;

(ii) Has acquired three (3) years of practical full-time continuous experience as a peace officer or as an administrator or specialist in a field relevant or related to the criminal justice system;

(iii) Has completed, or within two (2) years of becoming an Instructor, completes an approved instructor development training course, or equivalent instructor training program approved by the director which meets the minimum standards for instructor certification both in content and hours; and

(iv) Has obtained the endorsement and recommendation of the applicant's administrator which:

(A) Specifically designates the applicant's area of expertise; and

(B) State the topic areas and criminal justice training courses in which the applicant is expected to participate.

(c) Certification as a Practitioner Lecturer Instructor shall remain effective for a period of two (2) years from the date of issuance. The Instructor shall reapply for certification at or before the end of the two (2) year period. Application for recertification must meet the requirements listed above in subsection (b) and must be current within two (2) year of application.

(d) To qualify for Practitioner Lecturer recertification, the applicant shall provide documentation of sixteen (16) teaching hours per year.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.11.01052018 § 4 Subject Matter Instructor

(a) To qualify for a Subject Matter Instructor, an applicant shall demonstrate to the director proof of skills, successful experience, and/or training in the high risk areas of law enforcement instruction that is current and within two (2) years of application.

(b) Included topics of instruction include but are not limited to: Firearms, Custody and Control, Emergency Vehicle Operations, Search and Seizure, Drug Recognition Experts and Use of Force instruction.

(i) Training of the applicant in the specialized topic at a minimum, should be conducted by the Wyoming Law Enforcement Academy or an equivalent recognized institution which frequently presents such training programs in the ordinary course of its business or activities;

(ii) Has completed, or within two (2) years of becoming an Instructor, completes an approved instructor development training course, or equivalent instructor training program approved by the director which meets the minimum standards for instructor certification both in content and hours; and

(iii) Has acquired three (3) years of full-time continuous practical experience as a peace officer, detention officer, correctional officer, or as an administrator or specialist in a field relevant or related to the criminal justice system.

(c) Certification as a specialized topic instructor shall remain effective for the period granted by the certifying agency. The Instructor shall reapply for certification at or before the end of the two (2) year period. Application for recertification and must be current within two (2) year of application and satisfy both subsections (a) and (b) above.

(d) The director may grant an extension of time for completion of continuing training required by these rules upon a presentation of evidence by the certifying agency that a recertification course is not available at the time of expiration.

History

• Effective 2018-01-05

Wyo. Code R. 015.0009.11.01052018 § 5 Waiver of Certification for Certain Individuals

Licensed members of the State Bar, the medical profession and other similar professions; high school, community or junior college, college and university faculty members; certified emergency medical care or advanced first aid instructors; and employees of United States governmental agencies; or of agencies which have police training assignments which are of such short duration as to make certification impractical, the Director may waive any of the requirements of this section if he finds a person, although not meeting all of the eligibility requirements, is otherwise qualified to be an instructor.

History

• Effective 2018-01-05

Chapter 14 Procedures, Fees, Costs and Charges for Inspecting, Copying and Producing Public Records

Wyo. Code R. 015.0009.14.01052018 § 1 Authority

The Commission 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 2018-01-05

Wyo. Code R. 015.0009.14.01052018 § 2 Adoption of Uniform Rules

The Commission 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.

(b) For these rules incorporated by reference:

(i) The Commission 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 Commission's office and are available for public inspection and copying at the same location.

History

• Effective 2018-01-05

358 Public Records

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

Wyo. Code R. 015.0021.1.01252017 § 1 Authority

The Attorney General 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 2017-01-25

Wyo. Code R. 015.0021.1.01252017 § 2 Adoption of Uniform Rules

The Attorney General 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: http://rules.wyo.gov.

(b) For these rules incorporated by reference:

(i) The Attorney General 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 Attorney General's office and are available for public inspection and copying at the same location.

History

• Effective 2017-01-25

42 Schedule I - Controlled Substances

Chapter 1 Additional Controlled Substances

Wyo. Code R. 015.0015.1.08052026 § 1 Purpose

The purpose of these rules is to add, delete, and reschedule controlled substances in the Wyoming Controlled Substances Act of 1971. Some changes will be made to similarly control a substance in response to the publication of a final order in the Federal Register designating that substance as a controlled substance under federal law. Other changes will be made at the discretion of the Wyoming Attorney General, in his or her capacity as the Commissioner of Drugs and Substances Control, with the advice of the Advisory Board on Drugs and Substances Control.

History

• Effective 2026-08-05

Wyo. Code R. 015.0015.1.08052026 § 2 Authority

The Commissioner of Drugs and Substances Control's rulemaking authority is found at Wyoming Statute § 35-7-1011(a) and (d), which allow the Commissioner to add, delete, and reschedule substances to the control schedules pursuant to the procedures of the Wyoming Administrative Procedure Act.

History

• Effective 2026-08-05

Wyo. Code R. 015.0015.1.08052026 § 3 Additional Controlled Substances

The Commissioner of Drugs and Substances Control adds the following substances to Schedule I:

(a) Synthetic cannabinoids:

(i) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3- carboxamido)-3-methylbutanoate, commonly known as 5F-AMB, and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(ii) [N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide, commonly known as ADB-FUBINACA;

(iii) [Methyl 2-({ 1 -[(4-fluorophenyl)methyl]-1 Hindazole-3-carbonyl}amino)-3-methylbutanoate], commonly known as FUB-AMB;

(iv) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate, commonly known as NM2201; CBL2201, and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(v) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide, commonly known as 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-BUTINACA; 4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78, and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(vi) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate, commonly known as MMB-CHMICA, AMB-CHMICA, and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(vii) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide, commonly known as 5F-CUMYL-P7AICA, and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(viii) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, commonly known as MAB-CHMINACA or ADB-CHMINACA, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible;

(ix) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as 5F-ADB or 5F-MDMB-PINACA;

(x) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as MDMB-CHMICA or MMB-CHMINACA;

(xi) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as MDMB-FUBINACA;

(xii) ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-

Dimethylbutanoate, commonly known as 5F-EDMB-PINACA, and its optical, positional, and geometric isomers, salts, and salts of isomers;

(xiii) methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-

3,3-dimethylbutanoate commonly known as 5F-MDMB-PICA, and its optical, positional, and geometric isomers, salts, and salts of isomers;

(xiv) N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide,

commonly known as FUB-AKB48; FUB-APINACA; AKB48 N-(4-FLUOROBENZYL), and its optical, positional, and geometric isomers, salts, and salts of isomers;

(xv) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide commonly known as 5F-CUMYL-PINACA; SGT-25, and its optical, positional, and geometric isomers, salts, and salts of isomers;

(xvi) (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone commonly known as FUB-144, and its optical, positional, and geometric isomers, salts, and salts of isomers;

(xvii) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (other name: 5F-AB-PINACA) and its salts, isomers, and salts of isomers;

(xviii) methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (other name: 4F-MDMB-BINACA, 4F-MDMB-BUTINACA) and its salts, isomers, and salts of isomers;

(xix) methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-carboxamido)butanoate (other name: MDMB-4en-PINACA) and its optical and geometric isomers, salts, and salts of isomers, whenever the existence of such isomers and salts is possible;

(xx) methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,3-dimethyl-butanoate (other names: 4F-MDMB-BUTICA; 4F-MDMB-BICA) and its optical and geometric isomers, salts, and salts of isomers, whenever the existence of such isomers and salts is possible;

(xxi) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-en-1-yl)-1H-indazole-3-carboxamide (other name: ADB-4en-PINACA) and its optical and geometric isomers, salts, and salts of isomers, whenever the existence of such isomers and salts is possible;

(xxii) 5-Pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-b]indol-1-one (other names: CUMYL-PEGACLONE; SGT—151) and its optical and geometric isomers, salts, and salts of isomers, whenever the existence of such isomers and salts is possible;

(xxiii) ethyl 2-[[1-(5-fluoropentyl)indole-3-carbonyl]amino]-3,3-dimethyl-butanoate (other names: 5F-EDMB-PICA; 5F-EDMB-2201) and its optical and geometric isomers, salts, and salts of isomers, whenever the existence of such isomers and salts is possible; and

(xiv) methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-3-methyl butanoate (other name: MMB-FUBICA) and its optical and geometric isomers, salts, and salts of isomers, whenever the existence of such isomers and salts is possible.

(b) Synthetic opioid analgesics:

(i) trans-3,4-dichloro-N-[2-dimethylamino)cyclohexyl]-N-methylbenzamide, commonly known as U-47700;

(ii) para-fluorobutyryl fentanyl, commonly known as p-FBF;

(iii) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, commonly known as acetyl fentanyl;

(iv) 3,4-dichloro-N-[(1dimethylamino)cyclohexylmethyl]benzamide), commonly known as AH-7921;

(v) Cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamine) including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(vi) Isobutyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide) including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(vii) para-Chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide) including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(viii) para-Methoxybutyryl fentanyl (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide) including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible; and

(ix) Valeryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide) including is isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible.

(c) Analgesics:

(i) 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]-benzenesulfonamide, commonly known as W-18.

(d) Synthetic opioids:

(i) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (commonly known as butyryl fentanyl);

(ii) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide, (commonly known as beta-hydroxythiofentanyl) and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(iii) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide, (commonly known as furanyl fentanyl) and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(iv) para-fluoroisobutyryl fentanyl [N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide] (commonly known as 4-fluoroisobutyryl fentanyl) and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(v) acryloylfentanyl [N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide], (commonly known as acryl fentanyl) and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(vi) [N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide], (commonly known as tetrahydrofuranyl fentanyl) and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(vii) [N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide], (commonly known as ocfentanil) and its isomers, ethers, salts, and salts of isomers, esters, and ethers;

(viii) Cyclopropyl fentanyl [N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide] and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers;

(ix) Methoxyacetyl fentanyl [2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide] and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers;

(x) ortho-Fluorofentanyl [N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide) (also known as 2-fluorofentanyl) and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers;

(xi) para-Fluorobutyryl fentanyl [N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide] and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers;

(xii) Fentanyl related substances that are not currently listed in any schedule of the Wyoming Controlled Substances Act and their isomers, ethers, salts, and salts of isomers, esters, and ethers;

(xiii) N, N-diethyl-2-[2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl]ethan-1-amine (commonly known as isotonitazene), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xiv) Crotonyl fentanyl [(E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide];

(xv) 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazole-2-one, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: brorphine; 1-[1-[1-(4-bromophenyl)ethyl]-4-piperidinyl]-1,3-dihyrdro-2H-benzimidazol-2-one);

(xvi) beta-Methyl fentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide; also known as β-methyl fentanyl) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xvii) beta՛-Phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide; also known as β՛-phenyl fentanyl; 3-phenylpropanoyl fentanyl) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xviii) 2՛-Fluoro ortho-fluorofentanyl (N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)ppropionamide; also known as 2՛-fluoro 2-fluorofentanyl) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xix) 4՛-Methyl acetyl fentanyl (N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xx) ortho-Fluorobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide; also known as 2-fluorobutyryl fentanyl) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xxi) ortho-Methyl acetylfentanyl (N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide; also known as 2-methyl acetylfentanyl) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xxii) ortho-Methyl methoxyacetyl fentanyl (2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide; also known as 2-methyl methoxyacetyl fentanyl) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xxiii) para-Methylfentanyl (N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide; also known as 4-methylfentanyl) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xxiv) Phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide; also known as benzoyl fentanyl) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xxv) Thiofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide; also known as 2-thiofuranyl) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xxvi) Fentanyl carbamate (ethyl (1-phenethylpiperidin-4-yl)(phenyl)carbamate) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xxvii) ortho-Fluoroacryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xxviii) ortho-Fluoroisobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xxix) para-Fluoro furanyl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide) and its isomers, esters, ethers, salts and salts of isomers, esters and ethers;

(xxx) 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers (other name: Butonitazene);

(xxxi) 2-(2-4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other names: Etodesnitazene; etazene);

(xxxii) N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other name: Flunitazene);

(xxxiii) N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine,its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other name: Metodesnitazene);

(xxxiv) N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other name Metonitazene);

(xxxv) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other names: N-pyrrolidino etonitazene; etonitazepyne);

(xxxvi) N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other name: Protonitazene);

(xxxvii) Zipeprol (1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylpropan-2-ol), including its isomers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation;

(xxxviii) meta-fluorofentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xxxix) meta-fluoroisobutyryl fentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xl) para-methoxyfuranyl fentanyl (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xli) 3-furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3-carboxamide), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xlii) 2',5'-dimethoxyfentanyl (N-(1-(2,5-dimethoxyphenethyl)piperidin-4-yl)-N-phenylpropionamide), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xliii) isovaleryl fentanyl (3-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xliv) ortho-fluorofuranyl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xlv) alpha'-methyl butyryl fentanyl (2-methyl-N-(1-phenethylpiperidin-4-yl)-N-penylbutanamide), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xlvi) para-methylcyclopropyl fentanyl (N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)cyclopropanecarboxamide), including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xlvii) 1-(2-methyl-4(3-phenylprop-2-en-1-yl)piperazin-1-yl)butan-1-one (commonly known as 2-methyl AP-237), including its optical and geometric isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible;

(xlviii) 2-(4-methoxybenzyl)-5-nitro-1-(2-(pyrrolidine-1-yl)-1H-benzimidazole, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other names: N-pyrrolidino metonitazene; metonitazepyne);

(xlix) 5-nitro-2-(4-propoxybenzyl)-1-(2-(pyrrolidine-1-yl)ethyl)-1H-benzimidazole, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other names: N-pyrrolidino protonitazene; protonitazepyne);

(l) N-ethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-l-yl)ethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other name: N-desethyl isotonitazene);

(li) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(piperidin-1-yl)ethyl)-1H-benzimidazole, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other names: N-piperidinyl etonitazene; etonitazepipine);

(lii) 2-(2-((2,3-dihydrobenzofuran-5-yl)methyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other name: Ethyleneoxynitazene);

(liii) 2-(2-(benzodioxol-5-ylmethyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other names: Methylenedioxynitazene; 3',4'-methylenedioxynitazene);

(liv) 2-(2-(4-ethoxybenzyl)-5-methyl-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine, its isomers,esters, ethers, salts, and salts of isomers, esters and ethers (Other name: 5-methyl etodesnitazene);

(lv) 2-(2-(4-ethoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N-ethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other name: N-desethyl etonitazene);

(lvi) N-ethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other name: N-desethyl protonitazene;

(lvii) 2-(2-(4-ethoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-dimethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other Name: N,N-dimethylamino etonitazene); and

(lviii) 2-(4-isopropoxybenzyl)-5-nitro-1-(20(pyrrolidine-1-yl)ethyl)-1H-benzimidazaloe, its isomers, esters, ethers, salts, and salts of isomers, esters and ethers (Other name: N-pyrrolidino isotonitazene).

(e) Synthetic cathinone:

(i) N-1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-pentanone, commonly known as N-ethylpentylone, ephylone, and its optical, positional, and geometric isomers, salts, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible;

(ii) N-Ethylhexedrone (other name: 2-(ethylamino)-1-phenylhexan-1-one) and its optical, positional, and geometric isomers, salts, and salts of isomers;

(iii) alpha-Pyrrolidinohexanophenone (other names: a-PHP; alpha-pyrrolidinohexiophenone; 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one) and its optical, positional, and geometric isomers, salts, and salts of isomers;

(iv) 4-Methyl-alpha-ethylaminopentiophenone (other names: 4-MEAP; 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one) and its optical, positional, and geometric isomers, salts, and salts of isomers;

(v) 4'-Methyl-alpha-pyrrolidinohexiophenone (other names: MPHP; 4'-methyl-alpha-pyrrolidinohexanophenone; 1-(4-methylphenyl)-2-)pyrrolidin-1-yl)heptan-1-one) and its optical, positional, and geometric isomers, salts, and salts of isomers;

(vi) alpha-Pyrrolidinoheptaphenone (other names: PV8; 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one) and its optical, positional, and geometric isomers, salts, and salts of isomers;

(vii) 4'-Chloro-alpha-pyrrolidinovalerophenone (other names: 4-chloro-a-PVP; 4'-chloro-alpha-pyrrolidinopentiophenone; 1-(4-chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one) and its optical, positional, and geometric isomers, salts, and salts of isomers;

(viii) 4-methyl-N-ethylcathinon (other name: 4-MEC) and its optical, positional, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;

(ix) 4-methyl-alpha-pyrrolidinopropiophenone (other name: 4-MePPP) and its optical, positional, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;

(x) alpha-pyrrolidinopentiophenone (other name: α-PVP) and its optical, positional, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;

(xi) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (other names: butylone, bk-MBDB) and its optical, positional, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;

(xii) 2-(methylamino)-1-phenylpentan-1-one (other name: pentedron) and its optical, positional, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;

(xiii) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (other names: pentylone, bk-MBDP) and its optical, positional, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;

(xiv) 4-fluoro-N-methylcathinone (other names: 4-FMC, flephedrone) and its optical, positional, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;

(xv) 3-fluoro-N-methylcathinone (other name: 3-FMC) and its optical, positional, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;

(xvi) 1-(naphthalene-2-yl)-2-)pyrrolidin-1-yl)pentan-1-one (other name: naphyrone) and its optical, positional, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible; and

(xvii) alpha-pyrrolidinobutiophenon (other name: α-PBP) and its optical, positional, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible.

(f) Hallucinogenic substances:

(i) 1-(4-methoxyphenyl)-N-methylpropan-2-amine (other names: para-methoxymethamphetamine, PMMA), including its salts, isomers, and salts of isomers;

(ii) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (methoxetamine, MXE);

(iii) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one (other names: eutylone; bk-EBDB;

(iv) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-butyl-1H-indazole-3-carboxamide (also known as ADB-BUTINACA), including its salts, isomers, and salts of isomers;

(v) 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (also known as α-PiHP or alpha-PiHP), including its salts, isomers, and salts of isomers;

(vi) 2-(methylamino)-1-(3-methylphenyl)propan-1-one (also known as 3-MMC or 3-methylmethcathinone), including its salts, isomers, and salts of isomers;

(vii) 4-Chloromethcathinone (also knows as 4—CMC or 1-(4-chlorophenyl)-2-(methylamino)propan-1-one), including its salts, isomers, and salts of isomers; and

(viii) 3-methoxyphencyclidine (other names: 1-(1-(3-methoxyphenyl)cyclohexyl)piperidine; 3-MeO-PCP), including its salts, isomers, and salts of isomers.

(g) Stimulants:

(i) 4,4՛-Dimethylaminorex (common name 4,4՛-DMAR; other names 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine);

(ii) Amineptine (7-[(10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid), including its salts, isomers, and salts of isomers;

(iii) Mesocarb (N-phenyl-N'-(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl)carbamimidate), including its salts, isomers, and salts of isomers;

(iv) Methiopropamine (N-methyl-1-(thiophen-2-yl)propan-2-amine), including its salts, isomers, and salts of isomers;

(v) Ethylphenidate (ethyl 2-phenyl-2-(piperidin-2-yl)acetate), including its salts, isomers, and salts of isomers; and

(vi) 4-Fluoroamphetamine (4-FA, 1-(4-fluorophenyl)propan-2-amine, para-fluoroamphetamine, including its salts, isomers, and salts of isomers.

(h) Depressants:

(i) 4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine (other name: etizolam), its salts, isomers, and salts of isomers;

(ii) 8-chloro-6-(2-fluorophenyl0-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine (other name: flualprazolam), its salts, isomers, and salts of isomers;

(iii) 6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine (other name: clonazolam), its salts, isomers, and salts of isomers;

(iv) 8-bromo-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo [4,3-a][1,4]diazepine (other name flubromazolam), its salts, isomers, and salts of isomers;

(v) 7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-benzo[e][1,4]diazepin-2-one (other name: diclazepam), its salts, isomers, and salts of isomers; and

(vi) 8-bromo-1-methyl-6-phenyl-4H-benzo[f][1,2,4]triazolo[4,3-α][l, 4]diazepine other name: bromazolam) including its salts, isomers, and salts of isomers.

(i) Precursor chemicals:

(i) N-(1-benzylpiperidin-4-yl)-N-phenylpropionamide (other name: benzylfentanyl) and its salts;

(ii) N-phenylpiperidin-4-amine (other names: 4-anilinopiperidine; N-phenyl-4-piperidinamine; 4-AP), and its amides, carbamates, halides, salts, and any combination thereof, whenever the existence of such is possible;

(iii) 3,4-MDP-2-P methyl glycidate (PMK glycidate) and its optical and geometric isomers;

(iv) 3,4-MDP-2-P methyl glycidic acid (PMK glycidic acid) and its salts, optical and geometric isomers; and

(v) Alpha-phenylacetoacetamide (APAA) and its optical isomers.

History

• Effective 2026-08-05

389 Schedule II - Controlled Substances

Chapter 1 Additional Controlled Substances

Wyo. Code R. 015.0023.1.03222023 § 1 Purpose

The purpose of these rules is to add, delete, and reschedule controlled substances in the Wyoming Controlled Substances Act of 1971. Some changes will be made to similarly control a substance in response to the publication of a final order in the Federal Register designating that substance as a controlled substance under federal law. Other changes will be made at the discretion of the Wyoming Attorney General, in his or her capacity as the Commissioner of Drugs and Substances Control, with the advice of the Advisory Board on Drugs and Substances Control.

History

• Effective 2023-03-22

Wyo. Code R. 015.0023.1.03222023 § 2 Authority

The Commissioner of Drugs and Substances Control's rulemaking authority is found at Wyoming Statute § 35-7-1011(a) and (d), which allow the Commissioner to add, delete, and reschedule substances to the control schedules pursuant to the procedures of the Wyoming Administrative Procedure Act.

History

• Effective 2023-03-22

Wyo. Code R. 015.0023.1.03222023 § 3 Additional Controlled Substances

The Commissioner of Drugs and Substances Control adds the following substances to Schedule II:

(a) Synthetic cannabinoids:

(i) Syndros-drug product consisting of Dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta -9- THC) oral solution.

(b) Opioids:

(i) Thiafentanil, including its isomers, esters, ethers, salts and salts of isomers, esters and ethers; and

(ii) Oliceridine (N-[(3-methoxythiophen-2-yl)methyl] ({2-[(9R)-9-(pyridin-2-yl)-6-oxaspiro [4.5]decan-9-yl]ethyl})amine), including its isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the existence of such isomers, esters, ethers, and salts is possible.

(c) Immediate precursors:

(i) Immediate precursors to fentanyl:

(A) N-phenyl-N-(piperidin-4-yl)propionamide (norfentanyl); and

(B) 4-anilino-N-phenethylpiperidine (ANPP).

History

• Effective 2023-03-22

Wyo. Code R. 015.0023.1.03222023 § 4 Substances Excluded From Control

The Commissioner of Drugs and Substances Control excludes the following substances and their salts from Schedule II:

(a) Opium and opiate derivatives:

(i) Naldemedine;

(ii) Naloxegol;

(iii) 6β-Naltrexol; and

(iv) Samidorphan.

(b) Coca leaf and ecgonine derivatives:

(i) [123I]ioflupane; and

(ii) [18F]FP-CIT.

1-1

History

• Effective 2023-03-22

45 Schedule III - Controlled Substances

Chapter 1 Schedule III - Controlled Substances

Wyo. Code R. 015.0018.1.10072015 Schedule III - Controlled Substances

Chapter 1

Rescheduled Controlled Substances

Section 1. Purpose. The purpose of these rules is to add, delete, and reschedule controlled substances in the Wyoming Controlled Substances Act. Some changes will be made to comply with W.S. § 35-7-1011(d), which requires the Commissioner of Drugs and Substances Control to similarly control any substance after publication in the Federal Register of a final rule designating a substance as a controlled substance. Other changes will be made at the discretion of the Commissioner of Drugs and Substances Control, with the advice of the Advisory Board on Drugs and Substances Control.

Section 2. Authority. The Commissioner of Drugs and Substances Control's authority to make rules is found at W.S. 35-7-1011(a), which allow the Commissioner, with the advice of the Advisory Board on Drugs and Substances Control, to add, delete, and reschedule substances to the control schedules pursuant to the procedures of the Wyoming Administrative Procedure Act.

Section 3. Rescheduled Controlled Substances. On August 22, 2014, the United States Drug Enforcement Administration published in the Federal Register a final rule rescheduling hydrocodone combination products (HCPs) from schedule III to schedule II of the Controlled Substances Act, 21 U.S.C. §§ 801-971. Pursuant to W.S. § 35-7-1011(d), the Wyoming Attorney General, as Commissioner of Drugs and Substances Control, "shall similarly control the substance[s] . . . after the expiration of thirty days from publication in the Federal Register of a final order designating a substance as a controlled substance[.]"

The Commissioner incorporates by reference 21 CFR Part 1308.13(e) as amended, found at Federal Register Vol. 79, No. 163, page 49682.

The URL for the federal rule is: http://www.gpo.gov/fdsys/pkg/FR-2014-08-22/pdf/2014- 19922.pdf (last visited June 28, 2015).

This Section does not include any later amendments or additions to the Federal rule for Schedule III controlled substances.

History

• Effective 2015-10-07

393 Schedule IV - Controlled Substances

Chapter 1 Additional Controlled Substances

Wyo. Code R. 015.0024.1.02142024 § 1 Purpose

The purpose of these rules is to add, delete, and reschedule controlled substances in the Wyoming Controlled Substances Act of 1971. Some changes will be made to similarly control a substance in response to the publication of a final order in the Federal Register designating that substance as a controlled substance under federal law. Other changes will be made at the discretion of the Wyoming Attorney General, in his or her capacity as the Commissioner of Drugs and Substances Control, with the advice of the Advisory Board on Drugs and Substances Control.

History

• Effective 2024-02-14

Wyo. Code R. 015.0024.1.02142024 § 2 Authority

The Commissioner of Drugs and Substances Control's rulemaking authority is found at Wyoming Statute § 35-7-1011(a) and (d), which allow the Commissioner to add, delete, and reschedule substances to the control schedules pursuant to the procedures of the Wyoming Administrative Procedure Act.

History

• Effective 2024-02-14

Wyo. Code R. 015.0024.1.02142024 § 3 Additional Controlled Substances

The Commissioner of Drugs and Substances Control adds the following substances to Schedule IV:

(a) Depressants:

(i) Brexanolone, including its salts, isomers, and salts of isomers;

(ii) Lemborexant, including its salts, isomers, and salts of isomers;

(iii) Remimazolam, including its salts, isomers, and salts of isomers;

(iv) Daridorexant, including its salts, isomers, and salts of isomers; and

(v) Zuranolone, including its salts, isomers, and salts of isomers.

(b) Stimulants:

(i) Solriamfetol, including its salts, isomers, and salts of isomers; and

(ii) Serdexmethylphenidate, including its salts, isomers, and salts of isomers.

History

• Effective 2024-02-14

Wyo. Code R. 015.0024.1.02142024 § 4 Substances Excluded From Control

The Commissioner of Drugs and Substances Control excludes the following substances from Schedule IV:

(a) Fenfluramine (chemical name: N-ethyl-α-methyl-3-(trifluoromethyl)phenethylamine), including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible.

1-1

History

• Effective 2024-02-14

46 Schedule V - Controlled Substances

Chapter 1 Additional Controlled Substances

Wyo. Code R. 015.0019.1.09212022 § 1 Purpose

The purpose of these rules is to add, delete, and reschedule controlled substances in the Wyoming Controlled Substances Act of 1971. Some changes will be made to similarly control a substance in response to the publication of a final order in the Federal Register designating that substance as a controlled substance under federal law. Other changes will be made at the discretion of the Wyoming Attorney General, in his or her capacity as the Commissioner of Drugs and Substances Control, with the advice of the Advisory Board on Drugs and Substances Control.

History

• Effective 2022-09-21

Wyo. Code R. 015.0019.1.09212022 § 2 Authority

The Commissioner of Drugs and Substances Control's rulemaking authority is found at Wyoming Statute § 35-7-1011(a) and (d), which allow the Commissioner to add, delete, and reschedule substances to the control schedules pursuant to the procedures of the Wyoming Administrative Procedure Act.

History

• Effective 2022-09-21

Wyo. Code R. 015.0019.1.09212022 § 3 Additional Controlled Substances

The Commissioner of Drugs and Substances Control adds the following substances to Schedule V:

(a) Anti-epileptics:

(i) ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide) (commonly known as brivaracetam; also referred to as BRV; UCB-34714; Briviact) (including its salts).

(b) Depressants:

(i) Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide], and its salts, isomers, and salts of isomers;

(ii) Cenobamate ([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate]) and its salts; also referred to as 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester; and

(iii) Ganaxolone (3α-hydroxy-3β-methyl-5α-pregnan-20-one), including its salts.

1-1

History

• Effective 2022-09-21

37 Sex Offender Registration

Chapter 1 General Provisions

Wyo. Code R. 015.0010.1.02121996 General Provisions

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. These rules are promulgated by the authority of W.S. 7-19-303(a) (1994 Cum. Supp.).

Section 2. Purpose of the Rules. These rules are intended to create fair and reasonable rules of practice and procedure for registering sex offenders. They also define the duties and obligations of each agency and office which may become involved in the registration process.

Section 3. Statutory changes. Whenever these rules refer to Wyoming statutes and those statutes are renumbered or amended, these rules shall be interpreted to reflect such changes.

History

• Effective 1996-02-12

Chapter 2 Definitions

Wyo. Code R. 015.0010.2.11072017 § 1 Definitions

(a) As used in these rules:

(i) "Address" means the actual address of the physical location where the sex offender resides; "address" does not mean a post office box number of general delivery;

(ii) "Indigent offender" means an offender who has been determined by the Division to have insufficient income to afford the costs incurred as a result of being required to register as a sex offender;

(iii) "Material Change" means a change in an offender's economic status resulting in his inability to pay the required initial sex offender registration fees or the fees for reporting updated sex offender information;

(iv) "Sheriff" means any duly qualified and acting Sheriff or his Undersheriff or Deputy to whom the Sheriff's duties hereunder may have been delegated by the Sheriff;

(v) "Social Security Number" means the social security number assigned by the Social Security Administration to the offender;

(vi) The singular includes the plural, the plural the singular, and the masculine the feminine or neuter when consistent with the intent of these rules and necessary to effect their purpose.

History

• Effective 2017-11-07

Chapter 3 Registration Procedures

Wyo. Code R. 015.0010.3.11072017 § 1 Registration Form; Contents and Procedure

(a) Each sex offender required to register under this act shall complete a registration form prepared by the Division. Registration forms shall be available from each Sheriff's office. The sex offender is required to provide the following information when registering:

(i) Name, including any aliases ever used;

(ii) Current address;

(iii) Date and place of birth;

(iv) Social Security Number;

(v) Name and address of employer;

(vi) Date and place of conviction; and

(vii) Crime for which convicted.

(b) The official receiving the registration from the sex offender shall insure the form is complete and that the sex offender has signed and dated the registration form. The official shall complete the part marked for Sheriff's use only.

History

• Effective 2017-11-07

Wyo. Code R. 015.0010.3.11072017 § 2 Requirements for Fingerprinting

(a) Each sex offender required to register under this act shall be fingerprinted by the Sheriff of the county of residence on a standard 8 x 8 red fingerprint card, which card must contain the following information:

(i) Complete name of sex offender;

(ii) Signature of person fingerprinted;

(iii) All aliases used;

(iv) Contributor's agency and ORI;

(v) Date of birth;

(vi) Date and signature of person taking fingerprints;

(vii) Date of registration (in date of arrest box);

(viii) Sex, race, height, eye color, hair color, and place of birth;

(ix) Citizenship;

(x) FBI number if known;

(xi) SID number if known;

(xii) Social Security Number;

(xiii) The statement SEX OFFENDER REGISTRATION entered in the box marked offense description, and the offense for which convicted as indicated on the registration form.

(b) All information shall be either typewritten or printed legibly on the fingerprint card. Failure to do so may result in the card being returned to the Sheriff for correction.

(c) Procedures for obtaining classifiable fingerprints to be submitted to the Division shall comply with those specified in Chapter III, Section 3 of the Wyoming Attorney General's rules and regulations promulgated under the Wyoming Criminal History Record Act, W.S. §§ 7-19-101 through -109, as amended.

History

• Effective 2017-11-07

Wyo. Code R. 015.0010.3.11072017 § 3 Requirements for Photographs

(a) Each sex offender required to register under this act shall be photographed by the Sheriff of the county of registration.

History

• Effective 2017-11-07

Wyo. Code R. 015.0010.3.11072017 § 4 Sex Offender Registration Fees

(a) At the time of initial registration, an offender shall pay a state registration fee in the amount of one hundred and twenty dollars ($120.00). Fees shall be submitted to the Sheriff's office of the offender's county of residence.

(b) Each time an offender is required to report updated information under the Act, he shall pay a state reporting fee of twenty-five dollars ($25.00).

(c) County registration fees collected for initial registration and county fees collected for updating offender information shall be separate from and in addition to all state registration fees.

(d) No fee shall be charged to an offender during the time in which he is in the custody of the Department, a local jail or a public or private agency pursuant to a court order during the period in which the offender is in custody. Once such custody has terminated, the offender shall be charged the initial state registration fee in the amount of one hundred and twenty dollars ($120.00), along with the attendant county registration fee.

(e) If an offender is an unemancipated juvenile, all fees due and owing under this section shall be the responsibility of the juvenile's parent or guardian having legal custody.

(f) On a monthly basis each county Sheriff's office shall remit to the Division all fees collected for the previous month, along with a statement indicating the offender from whom the fees were collected. Said fees shall be remitted to the Division by means of a check or an electronic payment.

History

• Effective 2017-11-07

Wyo. Code R. 015.0010.3.11072017 § 5 Indigency Applications and Procedure

(a) Indigency applications shall be made available by the Division to all sheriffs' offices and through the division's website.

(b) In determining whether an offender classifies as an "indigent offender" for the purpose of registration fees and reporting fees, the Division shall take following factors into consideration:

(i) offender's net income;

(ii) offender's monthly expenses

(iii) offender's bank accounts and savings;

(iv) any property or real estate owned by the offender;

(v) outstanding financial obligations owed by the offender;

(vi) number and age of offender's dependents, if any;

(vii) Any other factors the Division deems necessary and relevant to an offender's ability to pay registration and reporting fees.

(c) Completed indigency applications shall be notarized and, along with all supporting documentation regarding the factors identified in subsection (b) of this section, shall be submitted to the Sheriff's office of the offender's county of residence; applications and supporting documentation shall thereafter be remitted by the sheriff's office to the division for an indigency determination.

(d) Upon making its indigency determination, the Division shall notify the offender of its determination by letter delivered to the offender's mailing address on record with the Division.

History

• Effective 2017-11-07

Chapter 4 Miscellaneous Provisions

Wyo. Code R. 015.0010.4.02121996 Miscellaneous Provisions

CHAPTER 4

MISCELLANEOUS PROVISIONS

Section 1. Confidentiality of Sex Offender Registration Information. The registration main- tained by the county sheriff, records submitted to the Division and the information in the central registry maintained by the Division under this act shall be confidential and disseminated only in accordance with the requirements of W.S. 7-19-106 to persons authorized to receive criminal history record information under W.S. 7-19-106.

Section 2. Savings Clause. If any provision of these regulations is held to be invalid or unconsti- tutional, such a ruling shall not affect other provisions of these regulations which can be given effect without the invalid or unconstitutional provision and to this end, the provisions of these regulations are severable.

Section 3. Time Computation. Any period of time prescribed or allowed by these rules, or by any applicable statutes, shall be determined in accordance with the provisions of Rule 6 of the Wyoming Rules of Civil Procedure.

History

• Effective 1996-02-12

38 Special Prosecution Account

Chapter 2 Special Prosecution Account

Wyo. Code R. 015.0011.2.12062005 Special Prosecution Account

Chapter 2

Special Prosecution Account

Section 1. Purpose. The purpose of the Attorney General's Special Prosecution Account (hereinafter, the "SPA") is to provide financial assistance to individual counties in the State of Wyoming to help defray the costs of prosecuting individual criminal cases where the costs of prosecution are extraordinarily high or unusually expensive.

Section 2. Authority. The Attorney General's rule-making authority for the SPA is authorized by Senate Enrolled Act 102 of the Fifty-Eighth Wyoming Legislature.

Section 3. Definitions.

(a) "Special Prosecution Account," or "SPA," is the account established by Senate Enrolled Act 102 of the Fifty-Eighth Wyoming Legislature, from which money will be disbursed to counties to fulfill the purpose of the Act.

(b) "Extraordinary actual costs of prosecution" and "unusually expensive," as that term relates to "extraordinary actual costs of prosecution," mean actual costs of prosecution in a particular criminal case that exceed, to a pronounced degree, a level of costs that would normally be expected in a felony case that is subject to trial before a jury.

(c) "Supporting budget information" means, in the context of a prosecuting attorney's written application for disbursement of funds from the SPA, such detailed information from the prosecuting attorney's operating budget as will give the Attorney General, in his judgment, a reasonably accurate picture of the prosecuting attorney's current and future budget status as it relates to his ability to effectively prosecute the case in question, and will allow the Attorney General to make informed decisions as between competing requests.

(d) "Actual prosecution expenses" and "actual costs of prosecution" mean all actual, necessary, and appropriate expenses of prosecution of an eligible criminal case including, but not limited to, expenses associated with lay and expert witnesses, travel, sequestration of a jury, scientific testing and analysis, and temporary personnel expenses related to the case. It does not include ordinary and routine expenses of the prosecuting attorney's office that exist independently of the prosecution of the case in question.

(e) "Projected costs of prosecution" means such "actual prosecution expenses" as defined in subsection (d) above, as are reasonably anticipated by the prosecuting attorney to be required in the future to take a particular criminal case to trial. It does not include ordinary and routine expenses of the prosecuting attorney's office that exist independently of the prosecution of the case in question.

Section 4. Eligible applicants. Any district attorney or any county and prosecuting attorney may apply in writing to the Wyoming Attorney General to receive funds from the SPA for the purpose of prosecuting a criminal case in the county where he presides as the prosecuting authority. Each application shall follow the procedure set forth in Section 7 below.

Section 5. Eligible cases. All criminal cases charged or chargeable as felonies under the laws of the State of Wyoming are eligible for consideration for disbursement of funds.

Section 6. Eligible expenses. The extraordinary actual costs of prosecution in an eligible case may be reimbursed from the SPA. Additionally, the Attorney General, at his discretion, may commit funds from the SPA up to a specified dollar amount to cover projected costs of prosecution in an eligible case.

Section 7. Application procedure. An eligible applicant may submit a written application to the Wyoming Attorney General. The application shall clearly set forth the facts and circumstances of the case for which SPA funding is sought, including the projected costs of prosecution, as defined in Section 3(e) above. The application shall also include supporting budget information, as defined in Section 3(c) above. The Attorney General will not accept or process any application that is not signed by a district attorney or county and prosecuting attorney.

Section 8. Application evaluation and award of funds. The Attorney General will use his discretion to decide whether a case is eligible to receive funds from the SPA and how much will be awarded, if anything. In exercising his discretion, the Attorney General may consider such factors as seriousness of the crime involved, local budget circumstances for the prosecuting attorney making the application, the amount of extraordinary actual costs of prosecution or projected costs of prosecution involved in the particular case, the availability of funds in the SPA, the competing needs of other applicants for funds from the SPA, prior awards of funds from the SPA to the applicant, and such other facts and circumstances deemed relevant to the decision by the Attorney General. The Attorney General is not obliged to award funds in every eligible case. The Attorney General may award less than the full amount requested by the prosecuting attorney in an eligible case. The Attorney General will attempt to announce his decision on the eligibility of cases and the award of funds, if any, within thirty days of receipt of the prosecuting attorney's written application. In the event that the Attorney General requires more information from the applicant, he may request more information from the applicant, who will respond to the request within a reasonably prompt time. In cases where the Attorney General requests more information from the applicant, the Attorney General's thirty day period for decision will commence from the date of receipt of the additional information.

Section 9. Disbursing funds. Funds shall be disbursed from the SPA to the applicant upon showing that the applicant has expended, or has been contractually obligated to expend, the amount to be disbursed. The Attorney General may disburse an award in a single disbursement or multiple disbursements, as he finds appropriate. Disbursement shall be requested on a form supplied by the Attorney General. In the case of projected costs of prosecution, the Attorney General may set aside or reserve funds in the account to satisfy such costs.

Section 10. Compelling circumstances exception for the extraordinary case. In deciding whether a particular case is an eligible case under these rules, or in deciding how much to award in a particular case, the Attorney General has discretion to waive any one or more of these rules in an extraordinary case where the reasons for waiver are compelling and waiver will serve the ends of justice and the purpose of the Act. In such cases, the Attorney General shall give his reasons for waiving enforcement of the rules, in writing, to the Joint Appropriations Committee of the Wyoming Legislature. However, the Attorney General has no discretion to waive application or enforcement of Section 11 of these rules.

Section 11. Funds not available to the Attorney General's Office. Funds in the SPA shall not be used for expenses of the Attorney General's Office.

Section 12. SPA funds not available to supplant other funds. Funds from the SPA shall not be used by the counties or the district attorneys and county and prosecuting attorneys for purposes not specified in the Act or these rules, nor will SPA funds be used to supplant funds from other sources.

History

• Effective 2005-12-06

43 Tobacco Settlement Unit - Administration of the Complementary Act

Chapter 1 Purpose and Definitions

Wyo. Code R. 015.0016.1.12192018 § 1 Authority

. These rules are promulgated by the Office of the Attorney General under the authority vested by Wyo. Stat. §§ 9-4-1205 through -1210 and the Wyoming Administrative Procedures Act at Wyo. Stat. §§ 16-3-101 through -115.

History

• Effective 2018-12-19

Wyo. Code R. 015.0016.1.12192018 § 2 Purpose

. These rules are adopted to define the procedures and practices for administering the tobacco certification process, to clarify the requirements related to making and reporting escrow deposits, to clarify the requirements for tobacco product manufacturers and brand families to be listed or removed from the directory, and to provide the procedures for reporting tobacco product sales information by licensed wholesalers.

History

• Effective 2018-12-19

Wyo. Code R. 015.0016.1.12192018 § 3 Interpretive Notices

The agency may issue manuals, bulletins, notices, or letters to interpret the provisions of these rules. Such manuals, bulletins, notices, and letters shall be consistent with and reflect the policies contained in these rules. The provisions contained in the manuals, bulletins, notices, or letters shall be subordinate to Wyo. Stat. §§ 9-4-1205 through -1210 and these rules.

History

• Effective 2018-12-19

Wyo. Code R. 015.0016.1.12192018 § 4 Definitions

As used in these rules:

(a) "Agency" shall mean the Office of the Attorney General for the State of Wyoming acting through the Tobacco Settlement Unit.

(b) "Brand" shall mean a style or type of tobacco product in a brand family.

(c) "Certification" shall mean the certification form required to be submitted to the Agency under Wyo. Stat. § 9-4-1205(a).

(d) "Directory" shall mean the Agency's official list of tobacco product manufacturers and brand families that have been approved by the agency to offer tobacco products for sale in Wyoming under Wyo. Stat. § 9-4-1205.

(e) "Initiate Sales" shall mean that cigarettes of a tobacco product manufacturer have been sold at the retail level within Wyoming in the 240 day time period immediately following the listing of the tobacco product manufacturer in the Directory.

(f) "Rules" shall mean the Tobacco Certification and Directory Rules.

(g) "Sustain Sales" shall mean that cigarettes of a tobacco product manufacturer were sold at the retail level within Wyoming during every calendar year following the calendar year in which the tobacco product manufacturer was first listed on the Directory.

(h) "Wholesaler" shall mean any person or entity that:

(i) is legally required to pay the tobacco tax imposed on wholesalers selling cigarettes to retailers or consumers, under Wyoming Statute 39-18-103(a)(i);

(ii) is legally required to pay the tobacco tax imposed on wholesalers selling roll-your-own tobacco to retailers or consumers under Wyoming Statute 39-18-103(a)(iii);

(iii) imports into the State or distributes within the State cigarettes or roll-your-tobacco to retailers (including machines) for sale;

(iv) sells or distributes for sale or resale cigarettes or roll-your-own tobacco over the internet or through any other means of direct or indirect mail solicitation or delivery to any person in the State.

(v) "Wholesaler" shall not mean any manufacturer, importer into the United States, retailer, or wholesaler of tobacco products other than cigarettes or roll-your-own-tobacco, which does not engage in any of the trade practices identified in sub sections (h)(i) through (h)(iv) of this Section.

History

• Effective 2018-12-19

Chapter 2 Certification, Directory Listing and Escrow

Wyo. Code R. 015.0016.2.12192018 § 1 Certification

.

(a) The Agency accepts Certifications for review between March 1st and April 30th of each year. Certifications for tobacco product manufacturers not currently listed in the Directory that are received outside of this time period may be deferred for review until the following March 1st.

(b) Certifications for tobacco product manufacturers received by the Agency after April 30th for the previous calendar year's cigarette sales will result in the tobacco product manufacturer and its brand families being delisted from the Directory or, if not currently listed in the Directory, a decision not to list the tobacco product manufacturer and its brand families in the directory. In the event that such a delisting action or decision not to list applies to a nonparticipating manufacturer, the nonparticipating manufacturer shall not be relieved of its obligation to deposit escrow under Wyo. Stat. § 9-4-1202.

(c) Certifications must be made on Certification forms prepared by the Agency for the year certified.

(d) Changes, corrections, or modifications to tobacco product manufacturers, Brands, or brand families currently listed in the Directory may be submitted to the Agency and acted upon as necessary.

(e) Upon notice by the Attorney General, all Certifications submitted under this Section shall be submitted electronically, through an internet-based platform designated by the Attorney General

(i) Notice under this subsection shall be posted on the Attorney General's website, at: http://ag.wyo.gov/tobacco-settlement-unit. Manufacturers shall be responsible for periodically checking the Attorney General's website for such notice;

(ii) Sixty days after notice is posted on the Attorney General's website, Certifications not timely submitted through the internet-based electronic filing platform designated by the Attorney General shall not be accepted or considered.

History

• Effective 2018-12-19

Wyo. Code R. 015.0016.2.12192018 § 2 Grounds for denial of listing or removal from the Directory

. In addition to all other grounds for removal or denial of listing in the Directory stated in the Rules, Wyo. Stat. § 9-4-1202, or Wyo. Stat. §§ 9-4-1205 through -1210, the Agency may deny listing a tobacco product manufacturer, Brand, and/or brand family in the Directory or may remove a tobacco product manufacturer, Brand and/or brand family from the Directory, on one or more of the following grounds:

(a) The tobacco product manufacturer submitted an incomplete Certification or failed to provide all information requested to determine compliance;

(b) The tobacco product manufacturer failed to disclose material facts or made misrepresentations in information provided to the Agency;

(c) The tobacco product manufacturer failed to correct deficiencies in its Certification in a timely and thorough manner;

(d) The nonparticipating manufacturer failed to establish a qualified escrow fund;

(e) The nonparticipating manufacturer failed to deposit into a qualified escrow fund the amount required for all units sold in Wyoming in any quarter or year;

(f) Current or former nonparticipating manufacturer of a Brand or brand family failed to deposit into a qualified escrow fund the amount required for all units sold of such Brand or brand family in any quarter or year;

(g) Current or former tobacco product manufacturer of Brand or brand family failed to submit a complete Certification in any quarter or year;

(h) The nonparticipating manufacturer has underreported or over reported the number of units sold in Wyoming by ten (10) percent or greater;

(i) The tobacco product manufacturer is denied listing or removed from the directory of another state or territory;

(j) The nonparticipating manufacturer failed to fully deposit escrow when due for sales in another state or territory;

(k) The Agency's determination that the tobacco product manufacturer shares common management or ownership with a tobacco product manufacturer or other party that has failed to satisfy its legal obligations under Wyo. Stat. § 9-4-1202, Wyo. Stat. §§ 9-4-1205 through -1210, or the Rules or has failed to satisfy its legal obligations under substantially similar laws of another state;

(l) The tobacco product manufacturer failed to Initiate Sales or Sustain Sales;

(m) The tobacco product manufacturer failed to submit its Certification by April 30th;

(n) The tobacco product manufacturer is not in full compliance with all provisions of local, state and federal law applicable to tobacco product manufacturers;

(o) The tobacco product manufacturer failed to execute sufficient waivers of sovereignty to address any Native American or tribal ownership interests, or any tribal jurisdiction considerations as required by the Agency;

(p) All final judgments and penalties, including interest, costs, and attorney fees thereon, in favor of the State of Wyoming, for violation of any Wyoming statute, rule or other law, including but not limited to violations of Wyo. Stat. § 9-4-1202 or Wyo. Stat. §§ 9-4-1205 through -1210, have not been fully satisfied for the Brand, brand family, or the tobacco product manufacturer;

(q) The tobacco product manufacturer, predecessor or previous tobacco product manufacturer of the Brand or brand family is subject to an injunction by the State of Wyoming for failure to comply with Wyo. Stat. § 9-4-1202 or Wyo. Stat. §§ 9-4-1205 through -1210;

(r) The tobacco product manufacturer failed to use the Agency's current Certification form or failed to submit their Certification electronically, if required by the Attorney General;

(s) A Brand or brand family of the tobacco product manufacturer is shipped to retailers in Wyoming, sold, or offered for sale in Wyoming during any period of time in which the Brand or brand family is not listed in the Directory; or

(t) Any other reason consistent with Wyo. Stat. § 9-4-1202, Wyo. Stat. §§ 9-4-1205 through -1210 and the Rules.

History

• Effective 2018-12-19

Wyo. Code R. 015.0016.2.12192018 § 3 Denial of Listing in the Directory

.

(a) If a Certification does not meet the requirements of the Rules, Wyo. Stat. § 9-4-1202 or Wyo. Stat. §§ 9-4-1205 through -1210, the Agency may deny listing of the tobacco product manufacturer, Brand and/or brand family in the Directory.

(b) If the Agency determines that the deficiency identified in the Certification may be cured in a timely fashion, the Agency shall send notice to the tobacco product manufacturer describing the deficiency and providing a time certain in which the deficiency may be cured. If the deficiency is not cured within the time provided, the Agency may deny listing of the tobacco product manufacturer, Brand and/or brand family in the Directory.

History

• Effective 2018-12-19

Wyo. Code R. 015.0016.2.12192018 § 4 Delisting from the Directory

.

(a) If a tobacco product manufacturer, Brand, or brand family listed on the Directory no longer meets the requirements of the Rules, Wyo. Stat. § 9-4-1202, or Wyo. Stat. §§ 9-4-1205 through -1210, the Agency may remove the tobacco product manufacturer, Brand or brand family from the Directory.

(b) If the Agency determines that the deficiency may be cured in a timely fashion, the Agency shall send notice to the tobacco product manufacturer describing the deficiency and providing a time certain in which the deficiency may be cured. If the deficiency is not cured within the time provided, the Agency may remove the tobacco product manufacturer, Brand, or brand family from the Directory.

(c) If the tobacco product manufacturer has Initiated Sales or Sustained Sales, the Agency may delay the effective date of the delisting for up to thirty (30) days to allow for removal of the tobacco product manufacturer's Brands and brand families from Wyoming.

History

• Effective 2018-12-19

Wyo. Code R. 015.0016.2.12192018 § 5 Notices

Agency notices denying listing on the Directory or delisting from the Directory shall be sent by first class mail to the tobacco product manufacturer's mailing address as provided in the Certification.

History

• Effective 2018-12-19

Wyo. Code R. 015.0016.2.12192018 § 6 Escrow Reporting

. No later than thirty (30) days following the end of a calendar quarter, nonparticipating manufacturers shall provide, or ensure that the financial institution at which it has a qualified escrow fund provides, the Agency with bank statements reflecting transactions in the qualified escrow fund during the previous calendar quarter.

History

• Effective 2018-12-19

Wyo. Code R. 015.0016.2.12192018 § 7 Escrow Deposits

.

(a) Nonparticipating manufacturers shall deposit the escrow required by Wyo. Stat. § 9-4-1202 for each unit sold in Wyoming on a quarterly basis no later than thirty (30) days following the end of the calendar quarter in which cigarette sales were made.

(b) The Agency may require that the nonparticipating manufacturer renew its Certification with the Agency on a monthly or quarterly basis if the Agency concludes, in its discretion, that a nonparticipating manufacturer lacks sufficient solvency to timely comply with its escrow obligations, as evidenced by a failure to timely deposit escrow when due in any state or territory or a failure to timely pay any taxes or fees due in any jurisdiction.

History

• Effective 2018-12-19

Chapter 3 Wholesaler Reporting

Wyo. Code R. 015.0016.3.12192018 § 1 Wholesaler Reports

.

(a) Wholesalers must submit monthly wholesaler reports containing the information required by Wyo. Stat. § 9-4-1207 to the Agency no later than twenty (20) days after the end of each calendar month.

(b) Information submitted under this section shall be made on forms prepared by the Agency.

(c) Upon notice by the Attorney General, all reports submitted under this section shall be submitted electronically, through an internet-based platform designated by the Attorney General. In the event that the Attorney General designates such an internet-based platform for electronic reporting purposes, any reports submitted through any other means will not be accepted and the Wholesaler shall be deemed noncompliant.

(i) Notice under this subsection shall be posted on the Attorney General's website, at: http://ag.wyo.gov/tobacco-settlement-unit. Wholesalers shall be responsible for periodically checking the Attorney General's website for such notice.

(ii) Sixty days after notice is posted on the Attorney General's website, wholesaler reports not timely submitted through the internet-based electronic filing platform designated by the Attorney General shall not be accepted and the wholesaler shall be deemed noncompliant under Wyoming Statute § 9-4-1207(a)

History

• Effective 2018-12-19

Chapter 4 Appeals and Hearings

Wyo. Code R. 015.0016.4.11072017 Appeals and Hearings

Chapter 4 Appeals and Hearings

Section 1. Authority. These rules are promulgated by the Office of the Attorney General under the authority granted by W.S. 9-4-1205 through -1210.

Section 2. Purpose. The purpose of this chapter is to establish a system through which interested entities may appeal the decisions of the Tobacco Settlement Unit within the Office of the Attorney General and to provide standards of conduct for all hearings under this Chapter.

Section 3. Contested Case Proceedings.

(a) A tobacco manufacturer which is issued notice by the Tobacco Settlement Unit of the decision to deny listing or to de-list from the Directory of Certified Tobacco Product and which timely appeals that decision shall be entitled to a hearing before either the Attorney General or a designee of the Attorney General.

(b) In order for an appeal to be timely, the tobacco manufacturer must submit a written request for hearing to the Tobacco Administrator of the Tobacco Settlement Unit within twenty (20) days from the date that the manufacturer received the denial or de-listing notice.

(c) A notice of denial or de-listing is deemed received by the tobacco manufacturer either on the date of actual receipt or five (5) days after the date the notice was sent by the Tobacco Settlement Unit, whichever comes first.

(d) The hearing request must set forth the following:

(i) The name and address of the tobacco manufacturer's representative;

(ii) The decision by the Tobacco Settlement Unit which is being appealed;

(iii) A statement of facts on which the appeal is based; and

(iv) The relief sought.

(e) The uniform rules for contested case practice and procedure adopted by the Office of Administrative Hearings shall govern all contested case proceedings.

(f) The Attorney General shall issue a final decision within a reasonable time after the hearing.

Section 4. Incorporation by Reference.

(a) For any code, standard, rule or regulation incorporated by reference in these rules:

(i) The Attorney General 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 (b) of this section;

(iii) The incorporated code, standard, rule, or regulation is maintained at the following address: 2424 Pioneer Avenue, Cheyenne, Wyoming 82001, suite 116.

(b) Each code, standard, rule, or regulation incorporated by reference in these rules is further identified as follows:

(i) Chapter 2 of the Uniform Rules for Contested Case Practice and Procedure adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at: https://rules.wyo.gov

History

• Effective 2017-11-07

39 Victim Services

Chapter 1 Authority & Reason for Rules

Wyo. Code R. 015.0012.1.02152001 Authority & Reason for Rules

Division of Victims Services, Office of the Attorney General

Chapter 1

Section 1. Authority.

(a) Wyoming Statute 9-1-638(a)(vii) authorized the Division of Victims Services, subject to the approval of the attorney general, to promulgate the rules and regulations necessary to implement the duties and responsibilities of the Division of Victim Services for the 120 days.

Section 2. Reasons for Adopting Rules and Procedures.

(a) The Division deems it essential that rules of procedure be adopted to:

(i) Formulate standards for compensation payable for injury and death under the laws of this state and the availability of funds under this act;

(ii) Formulate rules to establish a method for distributing money, state and state administered federal grants to crime victim service providers;

(iii) Provide a process through which an individual compensated receives a fair appeal hearing with respect to being denied compensation in full or part;

(iv) Provide a process for expedited claims process whereby eligibility is clear and all information has been verified;

(v) Establish an eligibility process for all compensation requests;

(vi) Enter into contracts for victim services with public and private agencies;

(vii) Establish minimum program standards, uniform reporting system and a statewide plan for baseline victim services, supported by Division funds for all Wyoming communities;

(viii) Develop procedures for the determination of eligibility to enter into contracts for all victim services programs; and

(ix) Establish a process to respond to complaints regarding the adequacy of victim services.

Section 3. Notice; Hearing Procedures; Decisions by the Division; Review and Appeal.

(a) Except as specified in subsection (b), the Division shall comply with the Wyoming Administrative Procedures Act, W. S. 16-3 -101 through 16-3-115, and with Rules of Procedures before the Division with respect to giving notice, conducting hearings and rendering decisions.

(b) The Divisions hearings and final decisions with respect to compensation awards shall be exempt from the Wyoming Administrative Procedures Act, including the provision for judicial review and W.S. 16-3-114 and 16-3-115, as provided in W.S.1-40-104(a)(vi).

Section 4. Confidentiality of Programs and Compensation Information.

The Division shall release no information, except where applicable laws or Division rules require.

Section 5. Rules of Construction.

The construction of these rules shall be as provided in W.S. 8-1-103 where applicable, unless that construction is plainly contrary to the intent of the legislation or the Division.

Section 6. Severability.

If any section or part of these rules is held invalid, that determination of invalidity will not affect the validity any other provisions, sections or applications of these rules. Any provisions held invalid are deemed to be severed, and these rules will in effect without the invalid part.

Section 7. Communication.

(a) All applications, petitions, complaints, protests and other written communication shall be addressed to the Division Director, Division of Victim Services, 2301 Central Ave. Barrett Building, 4th Floor, Cheyenne, Wyoming 82002;

(b) All applications, petitions, complaints, protests and other written communications shall be deemed to be received on the date they are actually delivered to the Director as documented by the stamped received date in the division; and

(c) Official notices required by law or by these rules to be served shall be served in person or by certified mail return receipt requested addressed to the last known address of the addressee. Service is deemed complete when return receipt is received by the Division signed by the addressee or his/her agent and dated with the date of delivery.

History

• Effective 2001-02-15

Chapter 2 Administration

Wyo. Code R. 015.0012.2.02152001 Administration

Division of Victim Services, Office of the Attorney General

Chapter 2

Section 1. Definitions.

"Committee" means committees established by the Division to provide support and serve in an advisory capacity to the Division.

"Division" means the Division of Victim Services within the Office of the Attorney General.

"Director" means the Director of the Division of Victim Services.

Section 2. Advisory Committees.

The Director of the Division shall establish Advisory Committees to assist the Division in carrying out its mission.

(a) All appointments to the Committee shall be made by the Division.

(b) Resignations by members of the committee shall be made to the Director.

(c) Vacancies. Barring unusual circumstances, vacancies on the committee shall be filled within forty-five (45) days after the Director is advised of the vacancy.

(d) Meetings. The Committee shall meet a minimum of once per quarter.

(e) Duties. The Committee shall make recommendations to the Division regarding the following:

(i) Grant allocations and appeals;

(ii) Strategic and long range Division planning;

(iii) Compensation;

(iv) Other business as requested by the Director.

History

• Effective 2001-02-15

Chapter 3 Victims Compensation

Wyo. Code R. 015.0012.3.02152001 Victims Compensation

Division of Victim Services, Office of the Attorney General

VICTIMS COMPENSATION

Chapter 3

Section 1. Authority and Administration.

(a) The Division of Victim Services shall administer the victims compensation program, W.S. 9-1-638(a)(ii);

(b) The rules in this chapter shall comply with the Crime Victims Compensation Act, W.S. 1-40-101 through 1-40-119, and include procedures to ensure that any limitations of compensation awards are calculated in a fair and equitable manner; and

(c) All questions, comments, requests for information regarding compensation shall be directed to the Division of Victim Services, 2301 Central Avenue, Barrett Building, 4th Floor, Cheyenne Wyo- ming 82002; Phone (307) 777-7200; Fax (307) 777-6683.

Section 2. Definitions.

(a) The definitions in W.S. 1-40-102(a) apply to this chapter, including:

(i) Account means crime victims compensation account established by W.S. 1-40-114, W.S. 1-40-102(a)(i);

(ii) A Criminal act means an act committed or attempted in this state, including an act of domestic violence, which constitutes a crime as defined by the laws of this state or an act of terrorism, as defined by 18 U.S.C. 2331 committed outside the United States, and which results in actual bodily injury or actual mental harm or death to the victim. No act involving the operation of a motor vehicle, boat or aircraft which results in injury or death constitutes a crime for the purpose of this act unless the injury or death was recklessly or intentionally inflicted through the use of he vehicle, boat or aircraft, or unless the act constitutes a violation of W.S. 31-5-233, W.S. 1-40-102(a)(iii);

(iii) Dependent means any relative of the victim who was wholly or partially dependent upon the victim's income at the time of his injury or death and includes the child of the victim born after his death, W.S. 1-40-102(a)(iv);

(iv) Economic loss means and includes medical and hospital expenses, loss of earnings, future loss of earnings resulting from the injury, funeral and burial expenses and loss of support to dependants of the victim to include home maintenance and child care, W.S. 1-40-102(a)(v);

(v) Medical expense includes the cost of all medical and dental services, mental health counseling and care, dental and prosthetic devises, eyeglasses or other corrective lenses, and services rendered in accordance with any method of healing recognized by the law of this state, W.S. 1-40-102(a)(vi);

(vi) Personal injury means actual bodily injury or actual mental harm, W.S. 1-40-102(a)(vii);

(vi) A Relative of victim means his spouse, parent, grandparent, stepparent, child in- cluding natural born child, stepchild or adopted child, grandchild, brother or sister, W.S. 1-40-102(a)(viii);

(vii) A Victim means:

A person who suffers personal injury or is killed in this state as a direct result of:

(A) A criminal act of another person;

(B) The persons good faith and reasonable effort in attempting to prevent the commission of a criminal act, or to apprehend a person engaging in a criminal act or assisting a law enforcement officer to do so;

(C) Assisting or attempting to assist a person against whom a crime is being perpetrated or attempted; or

(D) A federal crime occurring in Wyoming;

(E) A resident who is a victim of a crime occurring outside this state if:

(i) The crime would be compensable had it occurred inside this state; and

(ii) The crime occurred in a state which does not have a crime victim compensation program, for which the victim is eligible as eligibility is set forth in W.S. 1-40-101 through 1-40-119; or

(F) A resident of this state who is injured or killed by an act of terrorism, as defined by 18 U.S.C. 2331, committed outside the United States, W.S. 1-40-102(a)(ix).

(b) In addition to the definitions in W.S. 1-40-102(a), the following additional definitions apply to this chapter;

(i) "Compensation" means monies awarded by the Division as prescribed by the Crime Victims Compensation Act and as authorized in W.S. 9-1-638;

(ii) "Crime" means an act committed in this state which would constitute a crime as defined in W.S. 6-1-104;

(iii) "Law enforcement agency" means any agency that is responsible for the enforce- ment of the laws or governmental administrative rules concerning a particular group; and

(iv) "Mental health counseling and care" means the assessment, diagnosis and treatment of an individuals mental and emotional functioning required to alleviate psychological trauma resulting from a compensable crime provided by a certified or licensed practitioner of the healing arts within the scope of his license or certification.

Section 3. Application for Compensation.

(a) Applications for compensation may be requested from the Division or any victim service program , including domestic violence shelter programs, by phone, in person, in writing, or via the internet.

(b) Application made by a minor, as defined by Wyoming law, shall be signed by his/her parent or legal guardian, unless Wyoming statutory provisions require otherwise. If a claim is made by a person who is incompetent, the form shall be signed by his/her guardian or such individual who is authorized to administer his/her estate.

Section 4. Eligibility for Compensation.

The Division shall not make an award unless it determines eligibility based on the following:

(a) The victim suffered personal injury or death as a result of a "criminal act" under the laws of the State of Wyoming. No act involving the operation of motor vehicle, boat, or aircraft which results in injury or death constitutes a crime for the purpose of this act unless the injury or death was recklessly or intentionally inflicted through the use of the vehicle, boat, or aircraft, or unless the act constitutes a violation of W.S.31-5-233.

(b) In determining whether a criminal act has occurred, the Division shall take into account the following sources of information:

(i) Description of the act as related by the victim on the application form

(ii) Any reports prepared by the appropriate law enforcement agencies;

(iii) The law enforcement certification form prepared by law enforcement in response to a request from the Division;

(iv) Any formal charging documents filed against the perpetrator, including the criminal complaint arrest warrant and information on any judgement and sentence or other final order entered against him;

(v) Any other information that the Division deems to be relevant, including but not limited to, provocation, consent, participation in an illegal activity or behavior on the part of the victim which, directly or indirectly contributed to his injury or death, and the prior case history of the victim which may also include matters pertaining to the victim's medical history, and whether the victim cooperated with law enforcement authority or showed a compelling health or safety reason why they could not cooperate;

(vi) The Division may consider, but is not bound by, the categorizing of the offense by the reporting law enforcement agency or prosecuting attorney;

(vii) In all cases the Division shall exercise its discretion in determining whether a crime has occurred; and

(viii) The application for compensation must be filed within I year from the date of the injury or death of the victim or within the extension of time the Division has allowed for good cause.

(A) Good cause in determining whether a victim has satisfied the requirement to report a crime to law enforcement, the Division may consider the victims age, physical condition and psychological state, and any compelling health or safety reason that would jeopardize the well being of the victim. The Division may waive the report to law enforcement or the 1 year filing date if good cause is shown.

(c) Cooperation with Law Enforcement

In determining whether a victim reasonably cooperated with law enforcement the Division may consider the victims age, physical condition and psychological state and any compelling health and safety reasons that would jeopardize the well being of the victim.

(i) Reasonable cooperation with law enforcement by the victim may include but not be limited to the following:

(A) providing law enforcement with a true, accurate and complete statement of the circumstances that led to the crime;

(B) participating in the investigation of the crime to assist law enforcement with the identification of a suspect;

(C) participating in prosecution procedures including deposition and trail testi- mony as requested;

(D) Sexual abuse victims shall be deemed to have reasonably cooperated with law enforcement if the victim undergoes a sexual assault forensic exam;

(d) Wrongful Act. The injury to or death of a victim cannot be attributed to his or her own wrongful act.

Section 5. Ineligible Requests for Compensation.

Applications shall be determined to be ineligible if:

(a) The application does not meet the requirements set out in the Wyoming Statue covering victims compensation;

(b) Crime occurred before May 23, 1985;

(c) The applicant suffered property loss, but no personal injury;

Section 6. Verification Process.

The divisions claim specialists shall conduct a review of all claims and verify all requests for financial assistance.

(a) Verification of the crime shall require a completed certification form or law enforcement investigation report.

(b) Verification of medical and funeral expenses. Applicant shall submit copies of all bills related to the personal injury or death. In case of a deceased victim a copy of the death certificate is required.

(c) Verification of Loss of Earnings. An employer's certification form shall be mailed to the applicant's employer. In some cases verification may be done by phone. For self-employed victims or self employed defendants, IRS quarterly or yearly reports shall be submitted.

(d) Verification of Future Loss of Earnings. Along with the employer's certification, a medical certification form is required. If the injury has caused a disability this shall be verified by a physician. The physician shall estimate when the applicant will again be able to work.

Section 7. Confidentiality.

Information obtained from any agency or individual pursuant to the Crime Victims Compensa- tion Act, W.S. 1-40-101 through 1-40-119 shall not be disclosed for any purpose except as necessary to the administration of this act.

Section 8. Award Limits.

(a) No award shall exceed the maximum amount approved by the Wyoming legislature and stated in the victims compensation statue.

(b) Medical Expenses. Medical expenses include those incurred from the reasonable and nec- essary costs of all medical and dental services, dental and prosthetic devices, services rendered by any method of healing recognized by the law of this state, and mental health counseling and care.

(i) Compensable medical expenses include:

(A) those incurred from the date of the injury to the decision date;

(B) in the event the application is considered more than one year after the date of the crime, compensable medical expenses shall be limited to those medical expenses incurred one year after the crime date;

(C) no compensation shall be paid for future medical expenses.

(c) Mental health counseling and care means the assessment, diagnosis and treatment of an individual's mental and emotional functioning that is required to alleviate psychological trauma result- ing from compensable crime.

(i) Mental health counseling shall be provided by a certified or licensed practitioner of the healing arts acting within the scope of his or her license or certificate.

(ii) Counseling services provided to an eligible victim by a counselor whose position is funded, in whole or in part, or whose position is used as match to a federal Victims of Crime Act funds, shall not be eligible for compensation payment.

(iii) Compensation for family counseling shall be payable only for sessions where the focus of the session is to assist the victim in recovery from a compensable crime.

(d) Loss of earnings, loss of future earnings, and loss of dependents support. In order to be compensated for loss of earnings or loss of support the victim must have been employed at the time of the crime that caused the death or personal injury.

(i) If the victim was self employed at the time of injury or death, the loss of actual earnings shall be determined by the income reported on the previous year's federal income tax return or the current year's income based on current financial records or any other documentation that enables the Division to determine the income for the six months immediately proceeding the date of the injury. The loss of earnings is computed at current federal minimum wage.

(ii) If the sole employment of the victim at the time of the injury or death was limited to performing duties and responsibilities of a homemaker, the award shall be determined by documenta- tion of actual expenses for cost of services or hours worked at federal minimum wage, whichever is less.

(iii) All loss of earning and support is computed at the federal minimum wage times the number of scheduled hours worked or lost.

(iii) Loss of support shall be awarded to the dependents of a homicide or disabled victims and verified and computed in the same manner as loss of earnings.

(e) Funeral/ Burial Expenses. An award for reasonable funeral and burial expenses shall not exceed the maximum limit set forth in the Wyoming Statue addressing crime victims compensation.

(f) Clothing and Bedding. A reasonable replacement value for clothing and bedding taken for evidentiary purposes.

(g) Collateral Sources. In determining the amount of an award to an applicant, the Division shall consider the amount of any payments received or to be received from a collateral source.

(i) The term collateral source includes but is not limited to:

(A) amounts received from the offender, including restitution;

(B) proceeds of any contract of insurance payable to the Victim Services Divi- sion a contract providing hospital and other health care services or benefits;

(C) any governmental entity or government program.

Section 9. Emergency Awards.

The Division may grant an emergency award, not to exceed the amount specified in Wyoming Statues, for loss of income, emergency treatment, or for funeral or burial expenses, if it is determined an undue hardship will result to the applicant if immediate payment is not made, and the probability exists an award equal to or greater than the emergency award will be made through the usual compen- sation process.

(a) An emergency application form shall be filed with adequate information on which to base a determination an emergency award is appropriate.

(b) Any emergency award shall be deducted from the final amount of compensation awarded the victim.

(c) A victim shall not receive an emergency award pursuant to this section for more than two separate incidents of crime victimization, nor receive more than one award within a period of 24 con- secutive months.

(d) A decision denying or reducing any emergency award shall not be appealable.

Section 10. Residential Homicide Scene Clean Up.

(a) Cleaning a residential homicide scene means to remove, or attempt to remove, from the crime scene blood, dirt, stains, or other debris caused by the crime or the processing of the crime scene. The Division shall compensate an eligible claimant for a reasonable out-of-pocket cost of cleaning supplies, equipment rental, labor, and the replacement value of property held for evidentiary purposes, not to exceed amounts established by the division.

Section 11. Reductions and Disqualification.

In reducing or disqualifying compensation applications the Division may consider but is not limited to the following:

(a) Whether the victim attempted to withdraw from the incident;

(b) Comparable or reasonable force on the part of the suspect in response to the actions of the victim;

(c) Comparable size and strength of the victim and suspect;

(d) Retaliatory action for a prior physical assault or injury committed by the victim against the perpetrator, and the victim could have reasonably foreseen the likelihood of retaliations;

(e) Victim contributed to or was involved in the events leading to the crime;

(f) When the victim was a passenger of a drunk driver the Division shall consider whether the victim could have reasonably known the intoxication level of the driver, the drivers behavior or judge- ment appeared impaired or the victim encouraged or discouraged the driver from driving;

(g) Mutual combatant situations.

Section 12. Restitution.

(a) Any court order of restitution paid to the victim or applicant shall be deducted from the compensation award.

(b) After an order for compensation has been entered by the Division, a copy of the Defendant Reimbursement form shall be sent to the prosecutor or other official handling the case so restitution maybe ordered by the judge to reimburse the crime victims account.

Section 13. Surcharge.

The Division shall compile a summary of surcharge amounts and the county of origin quarterly.

Section 14. Profits from Crime.

(a) If the Division or its staff has knowledge of any movies, books, magazines, radio or televi- sion presentation or any other means listed in W. S. 1-40-112(d) by which a convicted person or his representative profits from this crime, the Division shall notify the Attorney General.

(b) The Attorney General shall initiate all litigation necessary to accomplish the forfeitures provided by W.S. 1-40-112(d).

Section 15. Appeals.

The Director shall determine if reconsideration of a decision or a hearing is necessary. The claimant may also request reconsideration of a decision or may request a hearing.

(a) Review:

(i) If the claimant is dissatisfied with the decision of the compensation award, denial of award, or amount of award, with the exception of an emergency award, the claimant may request reconsideration within 30 days of the date of the written notification of the decision to make or deny an award. The request shall be in writing, shall state the reasons why the claimant disagrees with the decision, and provide additional information for review. If the claimant fails to request reconsideration of the decision by the Director within thirty days, the decision of the Division then becomes final.

(ii) If the claimant does request reconsideration and is dissatisfied with the Director's decision, the claimant may request an appeals hearing. There shall be a request made within 30 days of the hearing to the division director.

(iii) The Director may appoint an appeals committee to conduct a reconsideration, pre-hearing conferences, hearing conferences, and any other hearings necessary under this act.

(iv) Interested persons may be notified within 10 days prior to the date of the hearing. The notice shall include:

(A) time, place, and nature of the proceedings.

(vi) In any proceeding under this act the burden of proof is upon the claimant to prove by a preponderance of the evidence the requirements of the act have been met.

(vi) Any decision made by the appeals committee shall be the final decision.

Section 16. Insufficient funds.

In order to assure the solvency of the fund, the Director shall award available funds for emer- gency grants, loss of wages, and loss of support. Other allowable benefits shall be adjusted and awarded for any amount not to exceed the anticipated available funds.

History

• Effective 2001-02-15

Chapter 4 Victim Services Grant Program

Wyo. Code R. 015.0012.4.10252005 Victim Services Grant Program

Division of Victim Services, Office of the Attorney General

Chapter 4

Section 1. Administration of the Victim Services Grants.

(a) The Division of Victim Services of the Wyoming Attorney General's Office shall administer victim services grants, Wyo. Stat. § 9-1-638(a)(i). This chapter does not apply to the administration of funds allocated to Domestic Violence and Sexual Assault Shelter Service Providers through the funding formula set forth in Chapter 7 and governed by Chapters 8 and 9 of these Rules or funds for Victim Assistance Services Providers governed by Wyo. Stat. § 1-40-118(g) and Chapters 10 and 11 of these Rules.

(b) All questions, comments, requests for information, or applications for grant funds shall be directed to the Division of Victim Services.

(c) Requests should be made to the Director of the Division of Victim Services.

Section 2. Definitions.

(a) "Applicant" means a public or private agency that shall include, but not be limited to, victim assistance programs, family violence/sexual assault programs, law enforcement or prosecutor offices that make a request for funds from the victim services grant program.

(b) "Application" means a request that complies with federal and state requirements for any funds administered by the Division for the provision of services to crime victims not allocated through the funding formula set forth in Chapter 7 of these Rules and not governed by the provisions of Chapters 8 and 9 of these Rules.

(c) "Division" means the Division of Victim Services.

(d) "Director" means the director of the Division of Victim Services.

(e) "Grant" means a victim service grant award.

(f) "Grantee" means the Wyoming Division of Victim Services, when it administers a grant from a federal or state agency.

(g) "Program" means a victim services grant program.

(h) "RFP" means request for proposals.

(i) "Subgrantee" means any applicant receiving grant funds from this program.

(j) "Victim" means a crime victim as defined by Wyoming law.

Section 3. Program Description.

Any eligible public or nonprofit agency or combination thereof may apply for and receive a grant through the program. The program shall operate as a competitive and noncompetitive grant program and be administered by the Division. Contractual agreements specifying the terms of the grant award shall be executed between the Division and approved applicants.

Section 4. Availability of Grants.

In any year in which federal or state funds are available, the Division shall administer grants to eligible applicants. The amount of the funds awarded shall be contingent upon the funds available. The Director shall announce the opening of an application period through public notice. Applications must be submitted by the designated due date.

Section 5. Grant Application Requirements.

(a) Applicants shall submit applications to the Division of Victim Services. Applications shall be in the form prescribed by the Division and shall be made available upon request to all interested parties.

(b) In order to be included in the review process, the application shall be received by the Division by 5:00 pm on the due date, as noted in the RFP. Applications may be delivered to the Division during regular business hours anytime prior to the deadline.

Section 6. Contents of Application.

(a) Each application shall contain all the information, signed assurances and support documentation as outlined in the grant request for proposal application.

(b) Eligibility Requirements. Funds must be used only to provide or improve services to victims of crime. Program grants cannot be used to supplant other available or mandated funds. An applicant must meet the following requirements:

(i) Be operated by a public agency or nonprofit organization or combination there of, that provides services or allied resources to crime victims. These services may include but are not limited to crisis intervention services, law enforcement and court advocacy, group and individual counseling, and information and referral services.

(ii) An existing program must be able to document results of prior programming that demonstrates the needs of victims have been met effectively and the applicant has financial support from other sources.

(iii) Comply with applicable federal and state statutes or rules, any requirements specified in the grant between the Division and any other contractual document.

(iv) Assist victims in seeking state compensation benefits.

(v) Provide services within the geographic service area without regard to a victim's ability to pay.

(vi) In order to be eligible for continued funding as victim assistance programs must meet the following criteria:

(A) Compliance with the Standards for the Operation of Victim Assistance Programs.

(B) The Division has not received any complaints against the program which have not been resolved.

(c) Notification of Applicants. Applicants shall be notified within 60 working days after the application due date whether their application has been denied or the Division is interested in negotiating a contract regarding the proposal.

Section 7. Contract Agreement.

(a) A contract shall be negotiated by the Division and the applicant.

(b) The Division may require modification of the proposed program, submission of further information or documents, or other contingency on the part of the applicant prior to entering into a contract. The required modifications, information, document or contingency shall be specified in the notification of grant award.

(c) The Division may request a modification of the program budget to reflect the amount, expenses and activities allowed by the grant award.

(d) Funds shall be spent to meet the program goals as provided in the contract.

(e) The subgrantee shall sign the certified assurances for the grant program at the time of contracting with the Division and at anytime requested by the Division.

(f) The Division may request an audit of a program, at the expense of the program, as necessary for assessment of allegations of fund misappropriations or other criminal conduct.

(g) Nothing in these rules shall be construed as limiting the remedies available to the state or the program for improper use of grant funds or other breach of the subgrantee's duties under the contract and applicable law.

(h) Performance Reports . Performance reports shall be submitted to the Division from all subgrantees. Failure to submit reports by the due date shall result in suspension of financial payments to the subgrantee by the grantee until such time as the report is received. Delinquent or inadequate reports from prior grants may detrimentally influence the award of grants the following year.

(i) Termination. Contracts may be terminated for any of the following reasons:

(i) Termination by subgrantee at any time during the contract period by providing notice to the Division.

(ii) The Division may terminate a contract upon a ten-day notice when the subgrantee or any of its subcontractors fail to comply with the grant award stipulations, standards or conditions. The Division may terminate a contract when there is a reduction of funds.

(iii) Termination for cause. If a subgrantee fails to fulfill its obligations under the agreement properly or on time, or otherwise violates any provision of the agreement, the Division may terminate the contract by written notice to the subgrantee. The notice shall specify the acts or omissions relied on as cause for termination. All finished or unfinished products or services provided by the subgrantee shall, at the option of the Division become the state's property. The Division shall pay the performance prior to receipt of notice of termination minus any funds owing to the division, e.g. damages for breach, improperly spent funds.

(j) Records. Subgrantees shall keep statistical records of services provided and any other records as required by the Division. The Division shall have immediate access to records pertaining to the contract during working hours. No notice need be provided the subgrantee prior to inspection of the records.

History

• Effective 2005-10-25

Chapter 5 Informal Complaints

Wyo. Code R. 015.0012.5.02152001 Informal Complaints

Division of Victim Services, Office of the Attorney General

INFORMAL COMPLAINTS

Chapter 5

Section 1. Making an Informal Complaint and Investigation.

(a) The Director on his/her own initiative or upon receipt of a complaint may conduct an infor- mal investigation of a program. The Director may choose not to investigate oral complaints from a complainant. The Director shall conduct an informal investigation upon receipt of an written informal complaint signed by the Complainant. The purpose of an informal investigation is to endeavor to bring about satisfaction of the complaint without a formal hearing.

(b) If the Director receives a written complaint or decides to conduct an investigation on his own initiative, the Director shall notify the chair of the board of directors of the program of the nature of the complaint and the activities to be undertaken as part of the informal investigation.

(c) The investigation may include on-site inspection and collection of all available pertinent information concerning the operations of the program. The Division may consult with the program director, the governing body of the program, the staff of the program, if relevant, the victim, other agencies in the community, and any other pertinent and reliable sources of information about the pro- gram.

Section 2. Corrective Action.

After an investigation has been completed, the Director shall notify the provider and the com- plainant of the findings of the investigation. If the provider is found to have committed an act or omission in violation of the law or rules and standards, the Director may specify the necessary correc- tive action and the time line for completion of the corrective action. In the event of failure to bring about satisfaction of the complaint through methods outlined in this Chapter, or if at any time during the investigation it is found that the health and safety of the clients are in jeopardy, the complainant or the Director may file a formal complaint and the informal proceedings shall be discontinued.

Section 3. Records of Complaints.

The Director may keep a record of each complaint received in his office, the allegations made, documentation of investigations, the action taken by the Director or the parties and the final disposition of the complaint.

History

• Effective 2001-02-15

Chapter 6 Formal Investigation of Complaints

Wyo. Code R. 015.0012.6.02152001 Formal Investigation of Complaints

Division of Victim Services, Office of the Attorney General

FORMAL INVESTIGATION OF COMPLAINTS

Chapter 6

Section 1. Filing of Complaint for Formal Investigation.

(a) A request for formal investigation of a complaint may be made by the Administrator on his or her own motion or by any person, setting forth in writing the act done or omitted to be done by the provider in violation of a state or federal law, order, or rule or standard of the Division. The complaint shall show the venue at the top of the page, "Before the Division of Victim Services, Attorney General's Office," and shall bear a heading showing the names of contestant and of the respondent. The com- plaint shall state:

(i) The name, address, and telephone number of the contestant;

(ii) The name, address, and telephone number, if known, of the respondent;

(iii) A clear and complete statement of the alleged violation complained of, together with all the facts which will give the Director and the respondent a clear and full understanding of the nature of the alleged violation. The allegations may be supported by sworn statements attached to the complaint as exhibits;

(iv) A definite statement of the exact relief sought; and

(v) The signature of the contestant or his attorney and if by the attorney, then his or her name, address, and telephone number.

(b) The contestant shall submit to the Director as many copies of the complaint and exhibits as are necessary for the Director to serve them on each respondent.

(c) When a formal complaint has been filed with the Director, a docket number shall be as- signed to the case. The docket number shall identify the nature of the case; that is, "C" for "complaint" or "P" for "protest," and the year the case is filed and the chronological number of the cases filed before the Division. For example, "C-94-1" or "P-94-1."

(d) The Director shall thereupon serve each respondent with a copy of the complaint and all the exhibits and the Director's order requiring the respondent to satisfy the complaint if satisfaction is appropriate, or to file an answer to the complaint within twenty (20) days after receipt of the complaint.

(e) If the respondent satisfies the complaint within the time specified in Subsection (d) of this section, the respondent and the contestant shall file with the Director a statement of resolution signed by the contestant and by the respondent and setting forth when and in what manner the complaint has been resolved. The proceeding shall thereupon be dismissed.

(f) If the respondent does not satisfy the complaint within the time specified in Subsection (d) of this section, the respondent shall file an Answer within the specified time. The Answer shall clearly and completely advise the parties and the Director of the nature of the defense. Is shall admit or deny individually and specifically each allegation of the complaint.

Section 2. Continuances; Amendments; Attorney General's Assistance.

(a) For good cause shown, continuances and extensions of time shall be granted at the discre- tion of the Director.

(b) The Director may permit any pleadings to be amended or corrected or any omission therein to be supplied.

(c) The Office of the Attorney General may assist the Division to investigate, prepare, present, and prosecute contested cases as provided in WS 16-3-112(c).

Section 3. Hearings.

(a) Upon the written request of any party, the Director shall grant a hearing when:

(i) A formal complaint has been filed with the Director;

(ii) The Director has issued an order for the respondent to satisfy the complaint or file an answer to the complaint; and

(iii) The respondent has not satisfied the complaint and has filed an Answer to the com- plaint.

(b) The Director shall fix the time and place for the hearing which shall be held at least twenty (20) days after the notice of the hearing setting. The notice shall contain:

(i) The names of the parties;

(ii) The time and place of the hearing;

(iii) The legal authority and jurisdiction under which the hearing is to be held;

(iv) The state law or rule alleged to have been violated;

(v) A concise statement of the matters asserted; and

(vi) The docket number.

(c) Service of notice of the hearing shall be as prescribed in Chapter II, Section 3(c) of these rules.

(d) Before the day of the hearing, the presiding officer on his or her own motion or upon motion by a party, shall meet with the parties for a conference to consider simplification of the issues, prelimi- nary motions, stipulations and admissions of facts, clarification or limitation of evidence, and any other matters that may expedite the proceedings and assure a just conclusion of the case. Prehearing memo- randa may be filed and submitted by the parties to each other and to the presiding officer. Stipulation, limitations, agreements, and orders on motions made at the prehearing conference shall be recited in the record and shall control the course of the proceedings, unless modified during the hearing to pre- vent injustice.

Section 4. Hearing Proceedings; Presiding Officer.

(a) All hearings of contested cases shall be public. The Director shall appoint an independent presiding officer. The presiding officer shall conduct the contested case in an impartial manner and shall withdraw at any time if he/she feels disqualified to act impartially or for any other reason.

(b) The presiding officer shall:

(i) Administer oaths and affirmations;

(ii) Rule on offers of proof and receive relevant evidence;

(iii) Take or cause depositions to be taken in accordance with the provisions of WS 16-3-107(g);

(iv) Regulate the course of the hearing;

(v) Hold conference with all parties simultaneously for the settlement or simplification of the issues;

(vi) Decide procedural requests and similar matters;

(vii) Make recommended decisions when directed to do so by the Division; and

(viii) Take any other action by these rules and by the Administrative Procedures Act WS16-3-101 through 16-3-115.

(c) Upon application of a party, the Director or the presiding officer shall issue a subpoena requiring the appearance of witnesses for the purposes of taking evidence or requiring the production of books, paper, or other documents relevant or material to the contested case. Upon motion made promptly and before the time specified in the subpoena for compliance, the Director or the presiding officer may quash or modify the subpoena or take other action as provided in WS 16-3-107(e).

Section 5. Order of Hearing Proceedings.

(a) Every party of record may appear in person and with counsel and testify in the hearing of the contested case. In all contested cases, the proceeding including all testimony shall be reported verba- tim stenographically or by any other appropriate means determined by the presiding officer. Oral proceedings shall be transcribed on request of a party upon payment of the cost for the transcript.

(b) Witnesses shall be examined orally and under oath or affirmation administered by the pre- siding officer. The contestant shall establish by a preponderance of evidence the controverted facts upon which the complaint is based. In the absence of an answer by the respondent, the presiding officer shall take such proof of the facts as may be deemed proper and reasonable and make such order thereon as dictated by the circumstances. If the contestant failed to appear at the hearing, the presiding officer shall dismiss the complaint with prejudice.

(c) The Wyoming Rules of Evidence shall be followed by the presiding officer and the parties. The provisions of WS 16-3-107 and 16-3-108 apply to contested cases before the Division, relating to reporting proceedings, transcription of the proceedings, documentary evidence, exclusion of evidence, cross examination, and judicial notice. Contestant's exhibits shall be marked by numbers beginning with "1" and respondent's exhibits shall be marked by letters of the alphabet beginning with "A."

(d) At the commencement of the hearing, the presiding officer shall announce that the hearing is open and shall call the docket number and title of the case to be heard. The presiding officer may recess the proceedings when necessary and appropriate. At the close of the hearing after the parties have rested, the presiding officer shall excuse all the witnesses and close the evidence. Evidence may be reopened upon motion of a party and a showing of good cause.

(e) At hearings of contested cases, the contestant or protestant shall open and close. On inves- tigations on motion or order, the Director shall open and close. Interveners shall follow the party on whose behalf the intervention is made.

(f) Opening and closing statements may be made by the parties or their counsel under condi- tions and limitations fixed by the presiding officer. Briefs may be filed by any party at the discretion of the presiding officer and within the time fixed by the presiding officer.

Section 6. Decisions by the Director.

(a) Before rendering a decision in a contested case, the Director shall consider the entire record or any portion of the record to which the parties have stipulated. If a recommended decision is ren- dered, all parties shall be afforded a reasonable opportunity to file exceptions thereto which shall be- come a part of the record. As a matter of right, each party shall be permitted to file a brief with respect to the recommended decision with the Division and oral argument may be allowed at the discretion of the Director.

(b) A final decision or order adverse to a party in a contested case shall be in writing and shall be served immediately upon each party or upon his attorney of record. The final decision shall contain findings of fact and conclusions of law separately stated. The findings of fact shall be based exclu- sively on the evidence and matters officially noticed. If the findings of fact are set forth in statutory language, they shall include, also, a concise and explicit statement of the underlying facts supporting the findings. The Director shall serve each party with a copy of his/her decision and findings of fact and conclusions of law.

Section 7. Appeals.

Judicial review by district courts of the final decision of the Director shall be pursuant to WS 16-3-114. Review of any final judgment of the district court under WS 16-3-101 through 16-3-115 by

History

• Effective 2001-02-15

Chapter 7 Distribution of Funds for Domestic Violence & Sexual Assault Shelter Services

Wyo. Code R. 015.0012.7.04052005 Distribution of Funds for Domestic Violence & Sexual Assault Shelter Services

Division of Victim Services, Office of the Attorney General

DISTRIBUTION OF STATE FUNDS FOR DOMESTIC VIOLENCE AND SEXUAL ASSAULT SHELTER SERVICES

Chapter 7

Section 1. Authority.

(a) Wyo. Stat. § 9-1-638 (a)(i) requires the Division of Victim Services to administer a statewide plan providing victims services, including a statewide program of shelter services for victims of domestic violence and sexual assault. Wyo. Stat. § 1-40- 118(d) requires the Division to promulgate by rule a method for the distribution of funds to crime victim service providers.

Section 2. State Funds Distribution Formula for Domestic Violence and Sexual Assault Shelter Services.

(a) Funding for domestic violence and sexual assault shelter service provision shall be available to service providers in each county. The amount available to each county shall be allocated on an annual basis as a portion of the total state funds appropriated for domestic violence and sexual assault shelter services based on the following formula:

(i) Each county shall be allocated a base amount of $30,000.

(ii) The remainder of the funds shall be divided proportionally among the counties. Eighty percent (80%) of the distribution of remaining funds shall be in accordance with the total population of the county as a percentage of the total state population. The other twenty percent (20%) of the remaining funds shall be distributed in accordance with the total area of the county (in square miles) as a percentage of the total area of the state (in square miles).

(A) Population shall be calculated based on the most recent Federal U.S. Census conducted every ten years.

(B) Areas of counties and the state shall be based on measurements provided by the Wyoming Department of Administration and Information, Division of Economic Analysis.

(C) The calculation of Fremont County's population shall not include the population of the Wind River Indian Reservation. However, the area calculation of Fremont County shall include the area of the Wind River Indian Reservation.

(D) The Wind River Reservation shall be considered as a separate county in the distribution of funds and receive the base amount along with the appropriate proportion of remaining funds based on population and area.

Section 3. Funding Process.

(a) Applicants for state domestic violence and sexual assault shelter funds shall submit to the Division a strategic plan indicating to which county or counties the intended services will be provided. Strategic plan format and evaluation shall be in accordance with Chapter 8 of the Rules of the Division of Victim Services, Office of the Attorney General.

(b) The Division may divide the funds available to an individual county among domestic violence and sexual assault shelter service provider applicants within the county.

(c) In the event there is no approved applicant within a county, the Division may distribute the funds allocated for that county to domestic violence and sexual assault shelter service providers in bordering counties.

(d) Domestic violence and sexual assault shelter service providers may serve more than one county, but in order to receive funding allocated to multiple counties a shelter shall provide proof of an agreement, preferably with the county commissioners, with all counties in which services are to be provided.

Section 4. Contract Requirements.

(a) All domestic violence and sexual assault shelter service providers approved to receive state funds shall enter into a contract governed by the provisions set forth in Chapters 8 and 9 of the Rules of the Division of Victims Services, Office of the Attorney General.

(b) Any state funds awarded to a program pursuant to a state contract not used for approved contract purposes during the contract period shall be returned to the Division within 45 days of the conclusion of the contract period.

History

• Effective 2005-04-05

Chapter 8 Evaluation of Community Domestic Violence & Sexual Assault Shelter Service Provider

Wyo. Code R. 015.0012.8.04052005 Evaluation of Community Domestic Violence & Sexual Assault Shelter Service Provider

Division of Victim Services, Office of the Attorney General

EVALUATION OF COMMUNITY DOMESTIC VIOLENCE AND SEXUAL ASSAULT SHELTER SERVICE PROVIDERS STRATEGIC PLANS

Chapter 8

Section 1. Authority.

(a) Wyo. Stat. § 1-40-118 and § 9-1-638(a)(iii) require the Division of Victims Services to establish eligibility requirements and review and evaluate all programs receiving appropriated funds.

Section 2. Purpose and Scope.

(a) These rules set forth components and elements the Division of Victim Services evaluates in community domestic violence and sexual assault shelter service providers strategic plans prior to contracting for services. Because funding is awarded competitively, applicant's strategic plans are evaluated on both compliance with rule and merit. Applicants will be required by contract to adhere to the provisions of approved strategic plans.

(b) These rules set forth requirements for community domestic violence and sexual assault shelter service providers to be able to contract with the Division of Victim Services for funds from: · The Office of Justice, Violence Against Women Act, Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3711 et seq.; · Victims of Crime Act, P.L.98-473, 42 U.S.C. 10603; · Department of Health and Human Services, Family Violence Prevention and Services Act, 42 U.S.C. Section 10402; · Wyoming state general funds for domestic violence and sexual assault shelter programs; · Rape Prevention Education / Public Health Block Grant.

Section 3. Definitions. These definitions apply to all Division Rules.

(a) "Advocacy" means assistance to victims by volunteers or paid staff who have successfully completed the 40-hour State approved training agenda and who are qualified by the individual programs. Skills of a qualified advocate include crisis intervention, listening, problem solving, and knowledge of alternatives available in the community.

(b) "Crisis and Referral Services" means short-term, immediate assistance and advocacy given by phone or in person to victims of domestic violence and sexual assault by volunteer or paid staff.

(c) "Division" means the Division of Victim Services.

(d) "Emergency Shelter" means shelter provided to victims of domestic violence or sexual assault other than in exclusively dedicated safe houses.

(e) "Governing Body" means a community board, a public agency, a tribal agency, or the board of directors of a private nonprofit corporation.

(f) "Inservice Training Programs" means the practice of providing basic and advanced domestic violence and sexual assault related instruction to volunteers, boards of directors, and paid staff. The instruction is provided by program staff or by consultants.

(g) "Practicum" means a supervised activity meant to develop or enhance the trainee's ability to provide direct services.

(h) "Prevention and Education" means information about domestic violence and sexual assault provided to the community or specific audiences within the community.

(i) "Program" means a nonprofit organization or public agency consisting of governing body, staff, and volunteers or which provides: 1) Shelter services and/or crisis and referral services and 2) prevention education to victims of domestic violence and sexual assault and to the community, funded in whole or part by the State of Wyoming.

(j) "Public Office" means a facility known to the public in which communities can obtain domestic violence and sexual assault services.

(k) "Safe house" means a physical structure dedicated exclusively to providing shelter to domestic violence and sexual assault victims. It is a temporary refuge offered twenty-four (24) hour, seven (7) day a week.

(l) "Staff" means individuals who are hired to provide services to victims of domestic violence and sexual assault and required to attend 40 hours of training in domestic violence and sexual assault.

(m) "Support Groups" means individuals who meet on a regular basis to share problem-solving techniques, information, and to express concern in a non-judgmental atmosphere. These groups provide peer education, not therapy, unless the program has qualified staff.

(n) "Transportation" means providing the means for victims to obtain shelter in a Safe house or other domestic violence and sexual assault services.

(o) "Victim" means a person who has been subjected to acts of domestic violence, sexual assault, stalking or other criminal acts of violence.

(i) "Domestic Violence" means physical abuse, threats of physical abuse, psychological abuse, sexual assault, or acts which unreasonably restrain personal liberty perpetrated against a household member, family member or intimate partner.

(ii) "Sexual Assault" means acts as defined in Wyo. Stat. §§ 6-1-301, 6-2-301 through 6-2-304, and 6-2-313.

Section 4. Governing Body.

(a) If the governing body is a nonprofit corporation, it shall adopt and maintain policies and procedures in accordance with the Wyoming Nonprofit Corporation Act, Wyo. Stat. § 17-19-101 et. seq.

(b) To the extent possible, the composition of the governing body shall be representative of a wide range of community interest groups and the geographical area.

(c) The governing body shall establish policies, committees or other procedures to ensure the Program is adequately funded, housed, staffed, and equipped to accomplish its goals and to comply with Wyoming state statute and the applicable Office of the Attorney General, Division of Victim's Services Rules.

(d) The governing body shall have a funding policy, which includes monitoring and approval of allocations of funds.

Section 5. Program Guidelines.

(a) The Program shall be a duly incorporated non-profit organization in accordance with Wyoming law, or a public governmental or tribal agency, in order to be eligible to contract for state or federal funds to provide domestic violence and sexual assault services.

(b) The Program shall have clearly written criteria for determining if an individual is eligible for services.

(c) The Program shall define its mission and develop a plan which defines measurable objectives for the provision of services and incorporates cooperation with relevant community agencies. The mission statement and plan should minimally address:

(i) program, staff, and funding development;

(ii) identification and intended services for underserved populations;

(iii) timelines and activities to accomplish objectives;

(iv) how individual objectives will be funded; and

(v) how grant funding match requirements are to be met.

(d) The Program shall solicit input from the governing body, staff, clients, and volunteers as part of its planning and describe this process in the strategic plan.

(e) The Program shall submit an operating budget approved and reviewed by the governing body and submitted as part of the strategic plan. The budget shall categorize revenues and expenses for each grant project by the expense categories of the approved budget.

(f) The Program shall have a systematic internal evaluation procedure to measure program effectiveness and plan performance.

(g) The Program and the governing body shall insure program accessibility by the completion of an accessibility assessment for both the public office and the shelter and implement a time limited plan to overcome any accessibility challenges found.

(h) Appropriate safeguards protecting confidential administrative records, including personnel records, shall be established.

(i) Written personnel and operational policies shall be developed, adopted, and maintained by the program. These policies shall be reviewed and approved by the governing body and dated to indicate each date of review. These policies should minimally:

(i) Include opportunity for input from program staff and volunteers;

(ii) Establish job descriptions for all positions including board members, volunteers, and staff;

(iii) Address confidentiality of client information obtained during and after the course of the professional relationship;

(iv) Address avoidance of personal relationships with persons served which might exploit professional trust or impair the advocate's objectivity and professional judgment;

(v) Include substance abuse policies;

(vi) Address the use of violence; and

(vii) Establish pre-employment background check requirement.

(j) Programs shall provide documentation that procedures have been developed and implemented, including copies of the policies and procedures, to assure confidentiality of records pertaining to any individual provided family violence prevention or services by any program.

Section 6. Staff Development.

(a) The Program shall have a plan for professional growth and development for all personnel. The plan shall minimally include:

Orientation procedure;

Required in-service training and education programs; and

Participation in local, state, or national training.

(b) The program shall develop Volunteer Program Standards for volunteers who have direct victim/client contact. The standards shall minimally address:

(i) Recruitment;

(ii) Selection and screening;

(iii) Minimum training requirements (40 hour volunteer training);

(iv) Ongoing training requirements (10 hours of ongoing training per year);

(v) Confidentiality;

(vi) Volunteer/Advocate safety;

(vii) The use of violence;

(viii) Grievance procedures; and

(ix) Dismissal.

(c) A written job description for each volunteer position should be developed utilizing the same format as that of staff.

Section 7. Internal Fiscal Controls.

The Program shall have written financial policies governing internal control procedures in accordance with generally accepted accounting practices to ensure adequate financial checks and balances. The policies shall include controls for separation of financial duties.

Section 8. Public Relations.

(a) The Program shall promote an awareness in the community by encouraging understanding, awareness, cooperation, and assistance from other agencies as well as from civic, religious, fraternal, business, law enforcement, social service, educational, and medical groups in the community on a regular basis.

(b) The availability of services shall be publicized in the community on a regular basis.

(c) Programs shall co-ordinate presentations in the community with a specific emphasis on prevention education efforts in schools. These presentations may utilize films, speakers, panel discussions, and written materials related to causes, current theory, and preventative methods for domestic violence and sexual assault.

Section 9. Services.

(a) Programs shall provide legal advocacy assistance to victims, at their request, in criminal or civil legal matters relevant to their situation.

(b) Programs shall provide medical advocacy assistance to victims, at their request, in medical matters relevant to their situation.

(c) Programs shall provide shelter services to domestic violence and sexual assault victims. Programs shall provide individual support and may offer support groups to victims on a regular basis and assist victims with social services relevant to victim's situations.

(d) Procedures shall be developed to enable staff to meet the needs of non- English speakers.

(e) If the Program applies for Violence Against Women Act (VAWA) Funds, it shall provide appropriate and necessary services to stalking victims.

Section 10. Children's Services.

Programs shall provide advocacy for child residents as needed.

All Programs shall have policies regarding childcare, if such is provided.

(c) Programs shall collaborate with other agencies to facilitate better communication and problem solving regarding the children receiving services from the program. These collaborative partnerships to provide children's services should be parent and child focused and may include, but are not limited, to the following agencies/services: Department of Family Services; Child Protection Teams; Headstart; parenting classes; non-offending parent family counseling; medical, emotional, developmental evaluations; adolescent substance abuse treatment; and play therapy.

Section 11. Batterer's Intervention Programs.

Batterer's Intervention Programs are not the primary resource to victims of domestic violence and sexual assault programs. Programs should refrain from attempting to provide these services where possible.

History

• Effective 2005-04-05

Chapter 9 Operation of Community Domestic Violence & Sexual Assault Shelter Programs

Wyo. Code R. 015.0012.9.04052005 Operation of Community Domestic Violence & Sexual Assault Shelter Programs

Division of Victim Services, Office of the Attorney General

OPERATION OF COMMUNITY DOMESTIC VIOLENCE AND SEXUAL ASSAULT SHELTER PROGRAMS

Chapter 9

Section 1. Authority.

(a) Wyo. Stat. § 1-40-118 and § 9-1-638 provide for Division authority to establish eligibility requirements for funds, minimum program standards and uniform reporting requirements for victim service providers receiving funds administered by the Division.

Section 2. Scope.

(a) These rules pertain to the use of funds administered by the Division for the purpose of providing domestic violence and sexual assault shelter services. The funding sources for these services are both Federal and State in origin and include:

• The Office of Justice, Violence Against Women Act, Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3711 et seq. (VAWA);
• Victims of Crime Act, P.L.98-473, 42 U.S.C. 10603 (VOCA);
• Department of Health and Human Services, Family Violence Prevention and Services Act, 42 U.S.C. Section 10402, (FVPSA);
• Wyoming state general funds for domestic violence and sexual assault shelter programs; and Rape Prevention Education / Public Health Block Grant.

Section 3. Governing Body Responsibilities.

(a) The governing body shall meet at least quarterly and minutes of these meetings shall be kept and made available upon request to the Division.

(b) The governing body shall receive formal orientation to the Program's goals, objectives, programs, method of operation, code of ethics, standards of confidentiality, board duties and responsibilities.

(c) The governing body shall insure program accessibility and ADA compliance.

(d) The governing board or its authorized representative shall formally notify the Division's designated representative within 3 days if there is any change in the domestic violence and sexual assault program director or equivalent position and inform the Division of any interm contact person.

(e) In the event of concerns of misappropriations of funds, criminal investigation of a governing board, program director or other allegations of illegal activity related to the program, the governing board shall inform the Division in writing within 5 days.

(f) The governing body shall prevent conflicts of interest between individual governing body members and the Program.

Section 4. Personnel and Volunteers.

(a) All formal Division rules, policies and procedures shall be kept in either hardcopy or electronic form available to staff, volunteers, and other interested groups or individuals.

(b) There shall be a file maintained for each employee and volunteer which includes, at a minimum, a signed confidentiality statement and documentation of all training completed.

Section 5. Training Requirements.

(a) All program directors, staff and volunteers working in the program providing direct services to domestic violence and sexual assault victims shall complete a minimum of 40 hours of training conducted by qualified domestic violence program personnel prior to providing unsupervised direct services. All paid staff shall complete the 40 hours training within the first 90 days of employment. The program may utilize local and state resources in meeting training requirements.

(i) Training approaches utilized in the 40-hour program will include:

(A) a minimum of 35 hours of classroom instruction;

(B) a minimum of 5 hours of training to be devoted to a practicum; and

(C) a current training manual given to each participant from which reading assignments can be made. The manual shall include the year it was updated.

Mandatory training shall include the following topics, with at least 2 hours dedicated to each topic:

(A) Domestic violence;

(B) Sexual assault; as part of this training advocates shall be educated on the State of Wyoming Biological Evidence Collection Kit, procedures mandated for the kit;

(C) Victim's Bill of Rights and State Victim Compensation Program;

(D) Child abuse (including physical, child neglect, and childhood sexual abuse);

(E) Stalking;

(F) Elder abuse;

(G) Advocacy skills, including working with victims with disabilities;

(H) Confidentiality; and

(I) Community resources.

(b) In addition to the mandatory 40-hour training requirement, all program directors, staff and volunteers who provide direct services to victims in criminal or civil justice systems shall have 10 hours training in legal advocacy. Advocates should not, and should be trained to not, provide legal advice or encourage disclosure of information protected by attorney-client privilege.

(c) Ongoing staff training requirements: Staff shall complete an annual training requirement of 10 hours.

Section 6. Fiscal Management.

(a) The Program shall have an operating budget approved and reviewed by the governing body and agreed to by contract with the Division.

(i) The budget shall categorize revenues and expenses for each grant project and position by the expense categories of the approved budget.

(ii) The Division and governing board must approve all grant specific budget change request reflecting changes within line items.

(b) Fiscal Accounting records supported by source documentation are to be maintained on a current basis and balanced monthly.

(c) The Program shall have a financial review committee of not less than two members who are not involved in the daily accounting functions. The committee's function is to perform an internal review at least semi-annually of cash receipts and disbursements. The committee shall report to the governing board.

(d) Fiscal Reporting.

(i) Regular financial reports of the fiscal management of the Program shall be made to the governing body and the Division every six months and at the end of the contract.

(ii) The report shall include a comparison of actual support, revenue and expenses to date by funding source. Actual expenditures are to be compared with budgeted amounts.

(e) Audits.

(i) Programs receiving $500,000 or more in federal funds or $100,000 or more in state funds within one year shall have an audit conducted for the contract period. The audit conducted for federal funds must be in accordance with the provisions of Circular A-133.

(ii) Audits shall be performed by independent accounting firms engaged by the Program.

(iii) In the event of allegations of misappropriations of funds, the Division may require an independent audit of the Program at the Program's expense.

(f) Any funds not expended by the last date of the contract period shall be returned to the Division within 45 days of the end of the contract.

Section 7. Physical Structures and Safety.

(a) All physical structures shall adhere to local building standards and codes.

(b) Public offices of the Programs shall be designed to allow access for all service users and staff regardless of disability.

(c) Programs shall ensure safe houses and public offices are in clean, safe, and sanitary condition and any safety or other equipment on the premises is in good repair.

(d) Safe houses shall be able to test security systems, either electronic or procedural, as to ensure the safety of victims, their children, volunteers, and paid staff.

(e) All program offices and shelter houses shall be smoke, drug and alcohol free.

Section 8. Program Service Availability.

(a) Programs shall make services available 24 hours a day, 7 days a week as set forth in Wyo. Stat. § 9-1-638(viii).

(b) Programs shall have a public office and a 24-hour confidential crisis line.

(c) The Program shall comply with all applicable nondiscrimination requirements of the Victims of Crime Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 C.F.R. Part 42, Subparts C, D, E and G, Subtitle A, Title II of the American with Disabilities Act (ADA).

Section 9. Confidentiality of Victim Information and Shelter Location.

(a) Generally, the Program shall not disclose confidential communication, as defined in Wyo. Stat. § 1-12-116, without the express written consent of the victim. The Program shall adhere to the provisions of Wyo. Stat. § 1-12-116 at all times. Programs shall also provide assurances that the address or location of shelter facilities shall not be made public except with written authorization of the person or persons responsible for operating the shelter.

(b) The governing board shall be excluded both as a joint body and as individual board members from any access to confidential victim information except to the extent necessary to resolve a victim-initiated grievance.

(c) All volunteers shall be excluded from access to confidential victim information except in regard to the writing of individual case notes regarding the victim to whom they have provided services, and when directed by the program director.

(d) When providing statistical data on program activities, individual identifiers of client records shall not be used.

(e) Programs shall keep and store all victims' files to insure safety and confidentiality. After a victim's file has been inactive for five (5) years, it may be destroyed.

Section 10. Victim's Rights.

Programs shall protect and support the fundamental human, civil, constitutional, and statutory rights of each victim. Services shall be provided in a manner consistent with the Victim's Bill of Rights, Wyo. Stat. § 1-40-201 et seq.

Victims are entitled to access their records.

Section 11. Child Advocacy and Child Safety Provisions.

(a) All Programs shall have policies and procedures regarding the reporting of child abuse consistent with Wyo. Stat. § 14-3-205.

(b) Shelter Programs shall provide for adequate, secure, and supervised play space.

(c) All Programs shall adhere to the use of non-violent discipline techniques. Staff shall provide residents with information regarding non-violent alternatives to disciplining children.

(d) Each staff member or volunteer who will have contact with children in the course of their duties shall have a child abuse registry background check completed before beginning their duties.

Section 12. Program Reports and On-Site Evaluation.

(a) Programs shall submit monthly non-personally identifying information about victims and services provided. This information shall be electronically submitted to the Division through the Uniform Caseload Reporting System.

(b) In addition to on-site evaluation, programs may be requested by the Division to supply documentation supporting a finding of substantial compliance. The Division shall make such requests in writing and shall outline the issues related to compliance the Division is considering. If a program refuses or is unable to provide requested documentation within a reasonable amount of time, the Division may conduct immediate on-site evaluations to determine continued capability of the program to provide services.

(c) The Division shall conduct on-site evaluations of the Program to ensure the Program is in substantial compliance with these rules and applicable state and federal law.

(i) The Division shall provide the Program with at least 30 days written notice prior to the date scheduled for the on-site review.

The Division shall provide the Program with a copy of a written format upon which the on-site review shall be based.

The on-site review team shall consist of representative(s) of the Division and may include other appropriate persons.

During an on-site visit, the review and evaluation team shall provide administrative and program consultation as requested by the Program.

The Division shall prepare a report of the findings of the review and shall send a copy to the chairperson of the governing body and to the director of the Program within 60 days. The report shall contain at least the following information:

Required actions for the Program to take in order to comply with rules for which deficiencies were found;

Specifications and conditions prescribed for any standard or rules for which the Division has granted a waiver or variance; and

Documentation that any previously required action has been resolved.

(d) During the on-site evaluation, the Program shall provide program records, financial statements, board minutes, and other documents required by the Division to make its determinations, including any information that may have changed since the Program's strategic plan was submitted.

(i) Records or materials not related to compliance with Division rules, statutes and the Program's contract with the Division shall not be reviewed.

The Program shall redact any victim identifying information in the records to be reviewed for which it has not received the victim's written permission to disclose.

Section 13. Findings of Compliance by the Division.

(a) The Division shall issue a written notice of compliance to the Program within 60 days after the on-site evaluation if it determines, in accordance with the provisions of this chapter and the provisions of its contract with the Division, the Program is in substantial compliance.

(b) Compliance is not automatically continued when a program's governing body changes. The Division shall be notified within 30 days of any such change.

(c) Notification of any change or suspension of any of the service elements must be made within 24 hours of such change or suspension.

Section 14. Finding of Noncompliance by the Division.

(a) The Division shall issue a notice of noncompliance within 60 days after the on-site evaluation if it determines, the Program is not in substantial compliance.

(b) Unless an emergency exists, a finding of non-compliance shall become effective 30 days following the date of issuance. The contract between the program and Division will be null and void at this date. If the Program disputes the basis for a finding of non-compliance, it shall notify the Division Director within 15 days of the date of the issuance of a finding of noncompliance. Reconsideration of a finding of non-compliance is solely at the discretion of the Director.

(c) The Division may determine a Program is not in substantial compliance, but does not warrant a finding of non-compliance because there is evidence the Program is able to correct deficiencies and place the program on probation. The program shall have reasonable time, but not greater than 30 days, to begin implementing corrective measures.

The program shall have a reasonable time, but not greater than 120 days, to complete corrective measures. If corrective measures are completed in a timely manner the program will receive notification of substantial compliance from the Division. If the corrective measures are not completed in a reasonable time a final finding of non- compliance may be imposed.

(d) Regardless of whether during the course of an official on-site visit or at any other time, if the Division finds an imminent threat to public health, safety or welfare, or a significant violation of a contract provision, an immediate finding of non-compliance may be imposed or the program may be placed on probation and immediate corrective action required.

History

• Effective 2005-04-05

Chapter 10 Evaluation of Strategic Plans of Victim Service Providers

Wyo. Code R. 015.0012.10.10252005 Evaluation of Strategic Plans of Victim Service Providers

Office of the Attorney General, Division of Victims Services

EVALUATION OF STRATEGIC PLANS OF VICTIM SERVICE PROVIDERS SERVING VICTIMS OF ALL CRIMES

Chapter 10

Section 1. Authority.

(a) Wyo. Stat. § 1-40-118 and § 9-1-638 require the Division of Victim Services (Division) to establish eligibility requirements and review and evaluate all programs receiving appropriated funds.

Section 2. Purpose and Scope.

(a) These rules set forth components and elements the Division evaluates in the strategic plans of victim service providers serving victims of all crimes. Funding is awarded competitively and applicant's strategic plans are evaluated both on compliance with rule and merit. Providers will be required by contract to adhere to the provisions of approved strategic plans. All providers the Division contracts with will be required to adhere to the rules of Chapter 11 and providers may consider those requirements in developing strategic plans.

(b) These rules set forth components and elements the Division evaluates in the strategic plans submitted by victim service providers serving victims of all crime prior to contracting for funds from the following sources:

• Victims of Crime Act, P.L.98-473, 42 U.S.C. 10603 (VOCA);
• Wyoming state general funds for victim service providers serving victims of all crimes;
• Surcharge funds for distribution to victim service providers; or
• The Office of Justice, Violence Against Women Act, Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3711 et seq.

Section 3. Definitions. Unless noted in this section, definitions for Chapters 10 and 11 are the same as those listed in Chapter 8 of these rules. The following definitions are unique to Chapters 10 and 11.

(a) "Victim" means a person who has been subjected to any act constituting a crime or offense under Wyoming law.

(b) "Victim Witness Specialist" means a person whose primary employment function is to support and otherwise assist victims or witnesses of all crimes.

(c) "Program" and "victim assistance provider" are synonymous.

Section 4. Program Mission and Organization.

(a) Victim assistance service provider programs shall have a mission statement, develop goals and have measurable objectives for the provision of services to victims of all crime.

(b) Programs shall have a governing body. The governing body may be a public agency or a nonprofit corporation. If the governing body is a nonprofit corporation it shall adopt and maintain policies and procedures in accordance with the Wyoming Nonprofit Corporation Act, Wyo. Stat. § 17-19-101 et. seq.

(c) The governing body shall assist the program in the development of its mission statement, goals, objectives, and methods of operation.

(d) The governing body shall establish procedures to ensure the program is adequately funded, housed, staffed, and equipped to accomplish its goals and meet requirements of Chapter 11, Rules for the Operation of Victim Service Programs Serving Victims of all Crimes.

Section 5. Personnel, Volunteer Policies and Staff Development.

(a) Appropriate safeguards shall be developed to protect confidential personnel records.

(b) The program shall establish and maintain standards of qualifications for all paid staff and volunteer staff. All positions shall have written job descriptions.

(c) Written personnel policies shall be developed, adopted, and maintained in accordance with state and federal requirements. The personnel policies shall include, but are not limited to; the ethical behavior of the staff of the program; orientation and staff development; problem solving procedures; evaluation for performance and conduct; dismissal; sexual harassment; and confidentiality related to crime victim's records.

(d) Utilization of volunteers is recommended for all programs and mandatory for programs to receive VOCA funding. The program shall have separate, specific written policies and procedures addressing each of the following areas pertaining to volunteers:

(i) Recruitment;

(ii) Selection and screening;

(iii) Minimum training requirements;

(iv) Ongoing training requirements; and

(v) Program practices.

Section 6. Fiscal Management.

(a) The program shall submit a formal written budget of expected revenues and expenses. The budget shall categorize revenues and expenses by source. The governing body shall review and approve the budget.

(b) The program shall develop and maintain current written policies and procedures in accordance with generally accepted accounting practices.

Section 7. Public Relations.

(a) The program shall describe its plan to promote awareness in the community by encouraging understanding, cooperation, and assistance with other agencies including civic and community organizations and criminal justice agencies.

(b) The program shall explain the methods by which the availability of services will be publicized in the community.

(c) The program shall explain how it will reach populations with special needs and underserved populations.

Section 8. Confidentiality.

(a) The program shall provide a clear statement of its confidentiality policy, including the limits of confidentiality it can assure victims.

(b) The program shall explain the method by which victims will be advised of the confidentiality limits the program can assure.

Section 9. Services.

(a) The program shall describe the geographic area to which services will be available.

(b) The program shall describe available services for victims of crime, the method of service delivery, and how program effectiveness will be evaluated.

(c) The program shall describe how they will serve people with special needs including persons with disabilities.

History

• Effective 2005-10-25

Chapter 11 Operation of Victim Service Providers

Wyo. Code R. 015.0012.11.10252005 Operation of Victim Service Providers

Office of the Attorney General, Division of Victims Services

OPERATION OF VICTIM SERVICE PROVIDERS SERVING VICTIMS OF ALL CRIMES PROGRAMS

Chapter 11

Section 1. Authority.

(a) Wyo. Stat. § 1-40-118 and § 9-1-638 require the Division of Victim Services (Division) to establish eligibility requirements and review and evaluate all programs receiving appropriated funds.

Section 2. Purpose and Scope.

(a) These rules set forth requirements established by the Division for victim service providers serving victims of all crimes receiving appropriated funding.

(b) Victim service providers serving victims of all crimes who contract with the Division for funds from the following sources are subject to these rules:

• Victims of Crime Act, P.L.98-473, 42 U.S.C. 10603 (VOCA);
• Wyoming state general funds for victim services providers serving victims of all crimes;
• Surcharge funds for distribution to victim service providers; or
• The Office of Justice, Violence Against Women Act, Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3711 et seq.

Section 3. Governing Body.

(a) The governing body shall ensure program accessibility and ADA compliance.

(b) The governing board or its authorized representative shall formally notify the Division's designated representative within 3 business days if there is any change in the program director or equivalent position and inform the Division of any interim contact person.

(c) In the event of concerns of misappropriations of funds, criminal investigation of the governing body, program director or other allegations of illegal activity related to the program, the governing body shall inform the Division in writing within 5 business days.

(d) The governing body shall prevent conflicts of interest between individual governing body members and the program.

Section 4. Personnel and Volunteers.

(a) Each position or volunteer whose position involves contact with children in the course of their program duties must have a child abuse registry background check completed before beginning their duties.

(b) Program personnel policies shall be explained to each employee and volunteer. Personnel policies shall be available in written or electronic form to employees and volunteers.

(c) There shall be a file maintained on each staff member and volunteer which includes at a minimum, a confidentiality statement signed by the staff member or volunteer and documentation of all training completed.

(d) Each program shall designate at least one staff person to be responsible for volunteers.

Section 5. Training Requirements.

(a) All staff and volunteers shall complete 40 hours of initial training. Paid staff shall complete the training within the first three months of employment. Volunteers must complete the training before providing direct services. Training shall include:

(i) Crisis intervention;

(ii) Domestic Violence/Sexual assault;

(iii) Special Populations;

(iv) Child Abuse;

(v) Overview of the Criminal Justice System;

(vi) Legal Advocacy;

(vii) Victim/Witness Assistance;

(viii) Overview of Victimology;

(ix) Victim's Compensation;

(x) Victim's Bill of Rights;

(xi) Case Management;

(xii) Homicide and Death Notification;

(xiii) Restorative Justice; and

(xiv) The Community Network System.

(b) Ongoing training requirement: Paid staff shall complete 10 hours of annual training after the first year of employment.

Section 6. Services and Availability.

(a) Programs shall minimally provide, make available, or assist victims with the following:

(i) Crisis intervention by advocates immediately after a crime;

(ii) Assistance and support during criminal justice proceedings, including post-conviction assistance;

(iii) Information on compensation and assistance in filing claims;

(iv) Emergency financial and shelter assistance;

(v) Provide referrals to other service providers as needed; and

(vi) Assistance in securing victims rights and intervening as needed with employers, creditors and others.

(b) Programs shall have a public office and availability of services shall be publicized in the program's service area.

Section 7. Confidentiality.

(a) The program shall if possible obtain a signed statement from each victim it serves verifying the limits of the confidentiality the program can assure the victim have been made known to the victim. The program shall retain a copy of the signed statement in the victim's file. If it is not possible to obtain a signed statement from the victim, the program shall document the limits of the confidentiality the program can assure have been communicated to the victim.

(b) The program shall note in the victim's file referrals to other service providers.

(c) The program shall disclose information as required by state law.

(d) Volunteers shall be excluded from access to confidential victim information except in regard to the writing of individual case notes regarding the victim to whom they have provided services, and when directed by the program director.

Section 8. Reports and Record Keeping.

(a) The Program shall submit to the Division the following statistical and financial reports in the formats required by the Division.

(i) Monthly statistical data on victims served;

(A) Due on or before the 10th of the following month;

(ii) Financial reports;

(A) Mid-year report due on or before January 15th, contract end report due on or before August 15th;

(iii) Mid-year progress report;

(A) Due on or before January 15th;

(iv) Final Performance Report;

(A) Due on or before August 15th .

(b) The program shall maintain time records on all employees whose salaries are paid in part or in whole with state and federal monies.

(c) Programs shall keep a file on each victim served. The files should minimally include an intake sheet, description of the situation, offender information, what services (including emergency financial assistance) provided and referrals made. Victim files shall be maintained for four (4) years from the last date of service. If the victim's file is destroyed after the four (4) year period, the files shall be destroyed in a manner that prevents the victim from being identified.

Section 9. Program Compliance and On-Site Evaluations.

(a) In addition to on-site evaluation, programs may be requested by the Division to supply documentation supporting a finding of substantial compliance. The Division shall make such requests in writing and shall outline the issues related to compliance the Division is considering. If a program refuses or is unable to provide requested documentation within a reasonable amount of time, the Division may conduct immediate on-site evaluations to determine continued capability of the program to provide services.

(b) The Division may conduct on-site evaluations of the program to ensure substantial compliance with these rules, contract provisions and applicable state and federal law.

(i) The Division shall provide the program with at least 30 days written notice prior to the date scheduled for the on-site review.

(ii) The Division shall provide the program with a copy of a written format upon which the on-site review shall be based.

(iii) The on-site review team shall consist of representative(s) of the Division and may include other appropriate persons.

(iv) During an on-site visit, the review and evaluation team shall provide administrative and program consultation as requested by the program.

(v) The Division shall prepare a report of the findings of the review and shall send a copy to the chairperson of the governing body and to the director of the program within 60 days. The report shall contain at least the following information:

(A) Required actions for the program to take in order to comply with rules for which deficiencies were found;

(B) Specifications and conditions prescribed for any rules for which the Division has granted a waiver or variance; and

(C) Documentation that any previously required action has been resolved.

(c) During the on-site evaluation, the program shall provide program records, financial statements, board minutes, and other documents required by the Division to make its determinations, including any information that may have changed since the program's strategic plan was submitted.

(i) Records or materials not related to compliance with Division rules, statutes and the program's contract with the Division shall not be reviewed.

(ii) The program shall redact any victim identifying information in the records to be reviewed for which it has not received the victim's written permission to disclose.

Section 10. Continuing Compliance.

(a) If a program's governing body changes, the Division shall be notified immediately, existing contracts shall be void and the Division will consider contracting with the new governing body for the remainder of the original contract period.

(b) Notification of any change or suspension of any of the service elements shall be made within 24 hours of such change or suspension.

Section 11. Findings of Noncompliance by the Division.

(a) Unless an emergency exists, a finding of non-compliance shall become effective 30 days following the date of issuance. The contract between the program and Division will be null and void at this date. If the program disputes the basis for a finding of non-compliance, it shall notify the Division Director within 15 days of the date of the issuance of a finding of noncompliance. Reconsideration of a finding of non-compliance is solely at the discretion of the Director.

(b) The Division may place a program on probation if there are compliance deficiencies and there is evidence the program is able to correct the deficiencies. The program shall have reasonable time, but not greater than 30 days, to begin implementing corrective measures. The program shall have a reasonable time, but not greater than 120 days, to complete corrective measures. If corrective measures are completed in a timely manner the program will receive notification of substantial compliance from the Division. If the corrective measures are not completed in a reasonable time, a final finding of non-compliance may be imposed.

(c) Regardless of whether during the course of an official on-site visit or at any other time, if the Division finds an imminent threat to public health, safety or welfare, or a significant violation of a contract provision, an immediate finding of non-compliance may be imposed or the program may be placed on probation and immediate corrective action required.

History

• Effective 2005-10-25