reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 6 - Audit and Internal Controls › Section 6-6 - Accounting Records

Current through July 13, 2024
(a) Vendors must maintain complete, accurate,
				and legible records of all transactions related to their skill based amusement
				game operations, including transactions pertaining to revenues, expenses,
				assets, liabilities, and equity.
(b) The Commission may direct vendors to
				alter the manner in which the records are maintained if a vendor's records are
				not in sufficient detail or properly maintained.
(c) The accounting records must be maintained
				using a double entry system of accounting with transactions recorded on the
				accrual basis and supported by detailed subsidiary records.
(d) The vendor must maintain all records
				supporting the revenues generated, player payouts, net proceeds, and taxes
				paid.
(e) If a vendor fails to
				maintain the records used by it to calculate the net proceeds, the Commission
				may compute and determine the amount upon the basis of an audit conducted by
				the Commission using available information.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 6 - Audit and Internal Controls › Section 6-7 - Financial Stability and Audits

Current through July 13, 2024
(a) Upon application for a permit the vendor
				shall provide a financial statement that reflects the applicant's financial
				stability.
(b) Annually thereafter
				permitting, each vendor shall submit an annual report, within ninety (90) days
				of the vendor's fiscal year end reflecting all wagering activity as it pertains
				to its skill based amusement games in a format approved by the
				Commission.
(c) The Commission
				shall determine the date of filing and the number of copies of the report
				required under this rule. The reports must be received by the Commission or
				postmarked no later than the required filing date.
(d) The reporting fiscal year end of the
				vendor shall be June 30, unless otherwise approved by the Commission.
(e) In the event it is determined that there
				is a discrepancy the Commission may require a financial audit performed by an
				independent third party, approved by the Commission. The vendor shall pay all
				expenses incurred to perform the audit.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 6 - Audit and Internal Controls › Section 6-8 - Commission Access to Game Data

Current through July 13, 2024
Vendors must detail the controls that are in place to assure
				  that all data the Commission requires to be maintained under the statutes or
				  these rules is appropriately segregated and controlled to prevent unauthorized
				  access. Vendors must provide the Commission with access to all such data upon
				  request. A vendor must retain such data for a minimum of five (5) years.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 6 - Audit and Internal Controls › Section 6-9 - Record Retention

Current through July 13, 2024
(a) Each vendor and operator must maintain,
				in a place secure from theft, loss, or destruction, adequate records of its
				business and accounting operations as it relates to skill based amusement
				games.
(b) Each vendor or operator
				must make the records available to the Commission upon request. A vendor must
				hold the records for not less than five (5) years. The records must include,
				but not be limited to, all of the following:
(i) All correspondence with, or reports to,
				the Commission or any local, state, or federal governmental agency regarding
				skill based amusement games;
(ii)
				Accounting records pertaining to skill based amusement games;
(iii) Ledgers pertaining to skill based
				amusement games;
(iv) If
				applicable, a copy of the contract or revenue-sharing agreement;
(v) An accurate accounting of all amounts
				received by a vendor from, or revenue shared with, an operator; and
(vi) All correspondence concerning the
				business between a vendor and its operators, regarding skill based amusement
				games.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 6 - Audit and Internal Controls › Section 6-10 - Tax Worksheet and Attestation Reports of Skill Based Amusement Game Operations

Current through July 13, 2024
The vendor must be able to prepare reports supporting net
				  proceeds, liability, winnings, and any other reports considered necessary by
				  the Commission. It is the vendor's responsibility to ensure these reports are
				  true and accurate.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 7 - Responsible Play and Advertising › Section 7-1 - Responsible Play

Current through July 13, 2024
(a) Working with the Commission, applicants
				for a vendor license shall submit a Responsible Play Plan to the Commission.
				The plan shall include, at a minimum, the following:
(i) The goals of the plan, procedures and
				deadlines for implementation of the plan;
(ii) The applicant's plan for creating and
				disseminating promotional material to educate players about compulsive and
				problem gambling and to inform them about treatment services available to
				compulsive and problem gamblers and their families. The applicant shall provide
				examples of the materials to be used as part of its plan and a description of
				how the material will be disseminated;
(iii) Details of the applicant's plan for
				responsible play training for its employees;
(iv) Procedures to prevent underage gambling;
				and
(v) Other policies and
				procedures to prevent problem gambling and encourage responsible
				gambling.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 7 - Responsible Play and Advertising › Section 7-2 - Advertising

Current through July 13, 2024
(a) The Commission shall prohibit skill based
				amusement game advertising that it determines to be deceptive to the public.
				The Commission shall also require that every form of advertising contain a
				statement that minors are not allowed to play skill based amusement games as
				approved by the Commission.
(b) The
				vendor shall include information about available programs to prevent, treat, or
				monitor compulsive game play.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-1 - Grounds for Disciplinary Actions

Current through July 13, 2024
The Commission may suspend or revoke any permit, license, or
				  decal issued by it for any violations by the person holding the permit, or such
				  vendor's or operator's employees or agents, of any of the provisions of the
				  statutes, or any of the rules promulgated thereunder. Acceptance or renewal of
				  a skill based amusement game permit, license, or decal constitutes an agreement
				  on the part of the vendor or operator to be bound by all the Commission rules.
				  It is the responsibility of the vendor or operator to remain self-informed of
				  the content of all such rules, and ignorance thereof will not excuse
				  violations.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-2 - Initiation of Disciplinary Proceedings, Denial of Permit Application, and Contested Case Proceedings

Current through July 13, 2024
(a) Upon its own motion, upon motion of the
				director, or upon written complaint signed and sworn to by the complainant, the
				Commission may determine to initiate disciplinary proceedings against any
				person that has been issued a permit, license, or decal by the Commission to
				suspend or revoke the permit, license, or decal.
(b) The Commission may initiate disciplinary
				proceedings against a vendor or operator where it determines that: the vendor
				or operator, their employees, or their agents have violated any of the
				provisions of the skill based amusement game statutes or rules; or that
				violations by the vendor or operator, their employees, or agents, of laws other
				than the skill based amusement game laws make the vendor or operator no longer
				suitable for permitting or licensure by the Commission.
(c) Disciplinary proceedings shall be
				initiated by the Commission, or the director, and be sent to the vendor or
				operator by first class mail at the last known mailing address of the vendor or
				operator, a list of the grounds for the proposed disciplinary action and a
				notice containing at least the time and place for any hearing before the
				Commission concerning the proposed disciplinary action. Said list and notice
				shall be mailed to the vendor or operator at least thirty (30) days prior to
				the hearing.
(d) A denial of an
				application, or a revocation or suspension of a permit or license, under W.S.
				§§
									11-25-304 through -305 shall be
				subject to the contested case procedures of the Wyoming Administrative
				Procedure Act, and the Office of Administrative Hearings' Uniform Rules for
				Contested Case Practice and Procedure, which are incorporated by reference in
				these rules.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-3 - Citizen Complaints Authorized - Procedure Following Filing

Current through July 13, 2024
Any person claiming that a vendor or operator has engaged or
				  is engaging in conduct constituting grounds for disciplinary action may file
				  with the director a sworn written complaint stating the name and address of the
				  vendor or operator complained against. The complaint must fully detail the
				  conduct alleged to violate a specified skill based amusement game statute,
				  rule, or other legal requirement, upon which the complaint is made. If the
				  director determines the complaint has merit, the director must immediately
				  serve, by first class mail, the vendor or operator complained against and any
				  other affected parties a copy of the complaint. The vendor or operator
				  complained against has twenty (20) days to answer after service of the
				  complaint on the vendor or operator, which answer shall be filed with the
				  director, on behalf of the Commission. The director may reject a complaint if
				  it does not meet the requirements of this section. If the vendor or operator
				  answers the complaint, the vendor or operator must serve an original and one
				  (1) copy.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-4 - Dismissal of Citizen Complaint

Current through July 13, 2024
After receipt of the answer to the complaint, after the time
				  has expired to answer, or after having determined that no answer is necessary,
				  the director must examine the complaint, any answer, and other supporting
				  documents to determine whether the complaint has merit, or is frivolous, or
				  whether it charges conduct constituting grounds for disciplinary action. If the
				  director determines that the complaint is without merit, or is frivolous, or
				  that it does not charge conduct constituting grounds for disciplinary action,
				  the director must dismiss the complaint and notify, in writing, the
				  complainant, the vendor or operator complained against, and other affected
				  parties, stating the reasons for dismissal. The director may investigate the
				  complaint and use extrinsic evidence to determine if the complaint has
				  merit.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-5 - Informal Consultation

Current through July 13, 2024
If the director considers the citizen complaint, or any other
				  allegations, to be grounds for disciplinary action, the director may consult
				  with the vendor or operator and the parties affected in an effort to resolve
				  the matter satisfactorily without a formal hearing. The director must notify,
				  in writing, the complainant, the vendor or operator complained against, and
				  affected parties of the results of the informal consultation. The informal
				  consultation does not prevent the Commission from conducting a formal
				  hearing.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-6 - Assurance of Voluntary Compliance

Current through July 13, 2024
The director may accept an assurance of voluntary compliance
				  regarding any act or practice alleged to violate the statutes or these rules,
				  from a person who has engaged in, is engaging in, or is about to engage in such
				  acts or practices. The assurance must be in writing and may include a
				  stipulation for the voluntary payment of an amount necessary to restore to a
				  person money or property which may have been acquired by the alleged violator
				  because of the acts or practices. An assurance of voluntary compliance may not
				  be considered an admission of a violation for any purpose. However, proof of
				  failure to comply with the assurance of voluntary compliance is prima facie
				  evidence of a violation of the statutes or these rules. The Commission may
				  approve or review an assurance of voluntary compliance.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-7 - Decision to Initiate Disciplinary Action

Current through July 13, 2024
At any time during the review and investigation of a citizen
				  complaint, the director or the Commission may decide to initiate formal
				  disciplinary proceedings where grounds exist to sustain their
				  initiation.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-8 - Criminal Convictions as Grounds for Revocation or Suspension

Current through July 13, 2024
The Commission may revoke or suspend the skill based
				  amusement game permit or license of any person who is convicted of a crime,
				  even though the convicted person's post-conviction rights and remedies have not
				  been exhausted, if the crime or conviction involves a felony, gambling, or
				  skill based amusement games, or if it discredits or tends to discredit the
				  State of Wyoming, skill based amusement game or gaming industry.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-9 - Facts of Criminal Charge

Current through July 13, 2024
The charge in any jurisdiction of a vendor or operator with a
				  felony or with a misdemeanor involving moral turpitude is grounds for
				  disciplinary action. The Commission may find the vendor or operator committed a
				  violation based on the facts of the criminal charge even though the vendor or
				  operator has been acquitted on the criminal charge.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-10 - Final Action by Commission

Current through July 13, 2024
After hearing the evidence and reaching a decision in
				  connection with any disciplinary proceeding, the Commission may find the vendor
				  or operator did not commit a violation as alleged for disciplinary action; in
				  which event the disciplinary proceedings shall be terminated. The Commission
				  may, however, find the vendor or operator committed, by clear and convincing
				  evidence, some or all of the grounds alleged for disciplinary action; in which
				  event the Commission may revoke the permit, may suspend the permit or license
				  for a particular period of time, or may take any combination of these actions.
				  This section does not prevent the Commission from compromising or settling at
				  any time prior to a formal hearing, and the Commission may also allow an
				  assurance of voluntary compliance. Written findings of fact, conclusions of
				  law, and an order must be entered before any decision of the Commission to
				  suspend or revoke a permit or license shall be considered final. The Commission
				  may allow or require briefs of law before making any decision.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-11 - Summary Suspension

Current through July 13, 2024
Where the Commission has reasonable grounds to believe and
				  finds that any person holding a permit has committed a deliberate or willful
				  violation of any of the provisions of the statutes or rules, or that the vendor
				  or operator has been charged with a felony in Wyoming or in another state, or
				  that due to other violations of law by the vendor or operator, the public
				  health, safety, or welfare imperatively requires emergency action, and where
				  the Commission incorporates such findings in its order, the Commission may
				  summarily suspend a permit or license pending disciplinary proceedings for
				  suspension or revocation. Any such disciplinary proceedings shall be promptly
				  instituted and determined.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-12 - Notice of Summary Suspension

Current through July 13, 2024
The director or his designee must have delivered a notice of
				  summary suspension personally or by mail to the vendor or operator who has been
				  suspended. The notice must state when the suspension will begin and end, and
				  must state the reasons for the suspension.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-13 - Conditions Imposed by Commission for Reissuance of Permit or License

Current through July 13, 2024
(a) The Commission or director may require a
				person who formerly held a permit or license to meet certain conditions before
				reissuing a permit to that person, including but not limited to the following:
(i) Restitution of money;
(ii) Restitution of property; and
(iii) Making periodic reports to the
				Commission or director as required.
Wyoming Administrative Code › Agency 038 - Wyoming Gaming Commission › Sub-Agency 0003 - Skill Based Amusement Games › Chapter 8 - Disciplinary Actions and Hearings › Section 8-14 - Incorporation by Reference

Current through July 13, 2024
(a) 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 July 20, 2017, found
				electronically at
http://gaming.wyo.gov
. The Uniform Rules
				for Contested Case Practice and Procedure adopted by the Office of
				Administrative Hearings shall govern all contested case proceedings.
Wyoming Administrative Code › Agency 066 - Wyoming Office of Tourism › Sub-Agency 0001 - Film Industry Financial Incentive Program › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Purpose

Current through July 13, 2024
The purpose of this
			  program is to promote economic
			  development at the city, town and
			  county level in order to create
			  additional economic health and a
			  diversified state economy, to provide
			  promotion and public visibility of
			  Wyoming as a tourist or business
			  destination, to provide new employment
			  opportunities within Wyoming for
			  Wyoming workers, to create the
			  entertainment industry financial
			  incentives program and to authorize
			  incentives for qualified film
			  productions. These rules are adopted
			  in order to implement
			  W.S. 9-12-402 
			  through
			  9-12-406 
			  for purposes of providing
			  entertainment industry financial
			  incentive program reimbursements
			  authorized under this act. The rules
			  provide for requirements for the
			  contract process, records required for
			  submission for substantiation of
			  reimbursement and determination of and
			  qualification for
			  reimbursement.
Wyoming Administrative Code › Agency 066 - Wyoming Office of Tourism › Sub-Agency 0001 - Film Industry Financial Incentive Program › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Authority

Current through July 13, 2024
Rule-making for
			  this program is the responsibility of
			  the Wyoming Business Council, Travel
			  & Tourism Division (Council) as
			  authorized by
			  W.S. 9-12-406(a).
Wyoming Administrative Code › Agency 066 - Wyoming Office of Tourism › Sub-Agency 0001 - Film Industry Financial Incentive Program › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Definitions

Current through July 13, 2024
(a)
			"Filmed entertainment" means any one
			(1) motion picture, television
			production, commercial or music video
			to be sold or displayed in electronic
			medium or film motion
			pictures.
(b)
			"Production costs" means the total
			cost of producing filmed
			entertainment
(c)
			"Program" means the film industry
			financial incentive program created
			under this article
(d)
			"Qualified production" means filmed
			entertainment totally or partially
			produced and filmed in this state that
			would have widespread public appeal
			and would likely encourage members of
			the public to visit the state of
			Wyoming.
(e)
			"Resident" applies only to natural
			persons and includes, any person
			domiciled in the state of Wyoming and
			any other person who maintains a
			permanent place of abode within the
			state even though temporarily absent
			from the state and who has not
			established a residence
			elsewhere.
(f)
			"Qualified expenditures" mean
			expenditures for goods purchased or
			leased or services purchased, leased
			or employed from a vendor or supplier
			who is located and doing business in
			this state if the expenditure was made
			in this state and was made for a
			qualified production. Qualified
			expenditures for which reimbursement
			may be made are limited to:
(i)
			Salaries and employment benefits for
			services rendered in and to residents
			of this state;
(ii)
			Rents for real and personal property
			located in this state used in the
			production;
(iii)
			Payments for preproduction,
			production, post-production and
			digital media effects services
			provided in this state;
(iv)
			Costs of set construction provided in
			this state.
Wyoming Administrative Code › Agency 066 - Wyoming Office of Tourism › Sub-Agency 0001 - Film Industry Financial Incentive Program › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Eligible Applicants

Current through July 13, 2024
The Council may
			  contract with any entity engaged in
			  this state in producing filmed
			  entertainment for reimbursement of
			  qualified expenditures.
(a)
			The Council may contract with the
			makers of a qualified production to
			provide a reimbursement of up to
			fifteen percent (15%) of the
			production's qualified expenditures if
			a minimum of five hundred thousand
			dollars ($500,000.00) in total
			qualified expenditures are
			made.
(b)
			The sum of all contractual obligations
			under this section shall not exceed
			the total appropriation available for
			the program for any fiscal
			biennium.
(c)
			A qualified production applying for a
			payment under this section shall
			submit documentation for claimed
			qualified expenditures to the
			Council.
Wyoming Administrative Code › Agency 066 - Wyoming Office of Tourism › Sub-Agency 0001 - Film Industry Financial Incentive Program › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - Application Procedures

Current through July 13, 2024
(a)
			Responsibilities of the Production
			Company (Contractor):
(i)
			Contractor completes the Film Industry
			application and submits a copy of the
			script or synopsis along with the
			distribution plan to the Wyoming Film
			Office.
(ii)
			Contractor completes the and
			distributes the to production
			department heads for tracking of
			qualified expenditures, payroll
			records and resident crew
			hires.
(iii)
			Contractor keeps accurate records and
			receipts of "qualified expenditures"
			and payroll records for Wyoming
			"resident" hires.
Wyoming Administrative Code › Agency 066 - Wyoming Office of Tourism › Sub-Agency 0001 - Film Industry Financial Incentive Program › Chapter 1 - GENERAL PROVISIONS › Section 1-6 - Application Evaluation

Current through July 13, 2024
(a)
			The Council shall be provided
			information required to determine if
			the production is a qualified
			production and to determine the
			qualified expenditures, production
			costs and other information necessary
			for the Council to determine both
			eligibility for and the appropriate
			level of reimbursement. The Council
			shall require information including,
			but not limited to:
(i)
			Production related
			employment.
(ii)
			Proposed total production
			budgets.
(iii)
			Planned expenditures in this state
			which are intended for use exclusively
			as an integral part of preproduction,
			production or post-production
			activities engaged in primarily in
			this state.
(iv)
			A signed affidavit by a person
			authorized to commit the entity that
			the information provided to the
			Council has been verified and is
			correct.
Wyoming Administrative Code › Agency 066 - Wyoming Office of Tourism › Sub-Agency 0001 - Film Industry Financial Incentive Program › Chapter 1 - GENERAL PROVISIONS › Section 1-7 - Approval Process

Current through July 13, 2024
(a)
			In order to determine compliance with
			Article 1 6, Section
			 6 
			of the Wyoming Constitution, the
			Council staff will forward the
			production contract to the Attorney
			General for approval as to form using
			the following criteria:
(i)
			A public purpose must exist;
(ii)
			Adequate consideration must be
			exchanged; and
(iii)
			Statutory authority must
			exist.
Wyoming Administrative Code › Agency 066 - Wyoming Office of Tourism › Sub-Agency 0001 - Film Industry Financial Incentive Program › Chapter 1 - GENERAL PROVISIONS › Section 1-8 - Reimbursement Requirements

Current through July 13, 2024
(a)
			Responsibilities of the Contractor:
(i)
			Contractor compiles a comprehensive
			list of Wyoming expenditures and
			calculates qualified percentage rebate
			within sixty (60) days of completing
			principal photography.
(ii)
			In compliance with the Production
			Rebate Agreement, the Contractor
			provides proof of the following:
(A)
			Total dollar amount spent in Wyoming
			(including labor);
(B)
			Total Wyoming payroll
			figure;
(C)
			Total number of Wyoming crew members
			hired;
(D)
			Average crew size (per day) for prep
			and shoot;
(E)
			Prep dates & number of prep
			days;
(F)
			Shoot dates & number of shoot
			days; and
(G)
			List of all Wyoming cities/towns used
			for locations.
Wyoming Administrative Code › Agency 066 - Wyoming Office of Tourism › Sub-Agency 0001 - Film Industry Financial Incentive Program › Chapter 1 - GENERAL PROVISIONS › Section 1-9 - Fund Disbursement and Project Monitoring

Current through July 13, 2024
(a)
			Fund Disbursement. Funds shall be
			disbursed to the Contractor only as
			needed to discharge obligations
			incurred in accordance with the Board
			approved eligible project costs.
			Request for disbursement shall be made
			on a form supplied by Council staff
			and supported by adequate proof that
			such an obligation has been incurred
			for the project purpose and is due and
			owing.
(b)
			Fund reversion.
(i)
			If the Council staff determines that
			the project has not started within
			ninety (90) days from the date the
			contract is signed, the contract will
			automatically expire. Based on
			information supplied by the
			Contractor, Council staff may grant an
			extension of time in which to start
			the project.
(ii)
			If the Council staff determines that
			the project has not been completed
			within a reasonable time, Council
			staff shall notify the applicant in
			writing at least thirty (30) days
			prior to presenting the matter for
			Board review.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 1 - General Provisions › Section 1-1 - Authority

Current through September 21, 2024
(a) These rules are promulgated by the
				Wyoming Stable Token Commission, herein referred to as the Commission, in
				accordance with
				W.S.
				40-31-105(b) and
				40-31-110.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-1 - Authority

Current through September 21, 2024
(a) These rules are promulgated by the
				Wyoming Stable Token Commission, herein referred to as the Commission, in
				accordance with
				W.S.
				40-31-105(b) and
				40-31-110.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-2 - Applicability

Current through September 21, 2024
(a) This chapter applies to the Commission's
				procurement of services or materials by request for proposal ("RFP").
(b) This chapter shall not apply to the
				procurement of services or materials using competitive sealed bidding,
				competitive negotiation, or noncompetitive negotiation, which are covered in
				Chapter 3 of these rules.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-3 - Prequalification requirements by project value

Current through September 21, 2024
(a) For a project with a services or
				materials fee estimated by the Commission to be fifteen thousand dollars
				($15,000) or less, the Commission may perform a prequalification process in
				preparation for the specific project, as defined in Sections 4 through 6 of
				this chapter.
(b) For a project
				with a services or materials fee estimated by the Commission to exceed fifteen
				thousand dollars ($15,000), the Commission shall perform a prequalification
				process in preparation for the specific project, as defined in Sections 4
				through 6 of this chapter.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-4 - Firm prequalification for requests for proposal

Current through September 21, 2024
(a) Notwithstanding the value thresholds in
				subsections (a) and (b) of Section 3 of this chapter, in a request for proposal
				process, the Commission may, at its discretion, require all potential proposers
				to submit applications for prequalification prior to submitting proposals on a
				project.
(b) Prequalification does
				not replace the use of evaluation criteria as allowed in Section 9 of this
				chapter. The Commission may use prequalification in conjunction with the
				evaluation criteria even after prequalification has been completed.
(c) A call for prequalification applications
				shall be advertised, at a minimum, on the state procurement website or agency
				website for not less than two (2) consecutive weeks and shall:
(i) Generally describe the proposed project
				and scope of work; and
(ii)
				Describe the procedures and requirements to submit a prequalification
				application related to the proposed project.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-5 - Prequalification term, status notification, and revocation

Current through September 21, 2024
(a) Prequalification for a request for
				proposal process shall be designated on a per project basis. Designation of
				prequalification on one project shall not be construed as prequalification for
				any other project, nor shall prequalification on one project be accepted in
				lieu of required documentation for prequalification on another
				project.
(b) Upon completion of its
				review of all prequalification applications for a project, the Director or
				their designee shall notify a prequalification applicant of the Commission's
				decision with regards to the applicant's prequalification status, including the
				reason for the decision.
(c)
				Prequalification applicants that are determined by the Commission to have met
				the qualification requirements will be deemed a qualified firm.
(d) The decision to revoke a prequalification
				granted to a qualified firm is at the discretion of the Commission. The
				Commission shall follow the processes in Chapter 5, Section 4(c) of these rules
				if it revokes a qualified firm's prequalification.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-6 - Request for review of denial of prequalification application

Current through September 21, 2024
(a) A potential proposer denied
				prequalification status after filing an application for prequalification status
				may request the Commission to review the application decision. The potential
				proposer shall file a written request for review to the Commission including:
(i) The name and address of the requesting
				potential proposer;
(ii) A brief
				explanation of why the potential proposer's prequalification application should
				be granted;
(iii) The statute,
				rule, or policy which the potential proposer believes was applied incorrectly
				or in error;
(iv) Any additional
				facts the potential proposer would like to be considered, including any
				relevant exhibits, evidence, or documents of substantiation to support a
				requested change in the prequalification outcome.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-7 - Issuance of requests for proposals

Current through September 21, 2024
(a) Before issuing requests for proposals for
				a specific project, the Commission shall complete the prequalification process
				as described in Sections 3 through 6 of this chapter.
(b) Notwithstanding the value threshold in
				subsection (a) of Section 3, the Commission shall request proposals only from
				qualified firms. The Commission does not need to solicit requests for proposal
				from firms that were not deemed to be qualified firms.
(c) The Commission shall select the firms
				from whom it shall request proposals in accordance with the following:
(i) If there are more than three (3)
				qualified firms, the Commission shall request proposals from at least three (3)
				of the qualified firms, to be selected at the discretion of the
				Commission.
(ii) If there are three
				(3) or less qualified firms, the Commission shall, at its discretion:
(A) Request proposals from all of the
				qualified firms; or
(B) Adjust its
				prequalification criteria and re-advertise the prequalification application for
				a specific project.
(iii)
				Notwithstanding the estimated contract value, if the Commission determines that
				only one (1) firm is qualified, the Commission may seek a bid waiver from the
				Governor or their designee as described in Chapter 3, Section 5(c) of these
				rules.
(A) Upon approval of a bid waiver by
				the Governor or their designee, the Commission may proceed to let the contract
				through noncompetitive negotiation (sometimes known as "sole sourcing") as
				described in Chapter 3, Section 7 of these rules.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-8 - Firm interviews

Current through September 21, 2024
(a) For a project with a services or
				materials fee estimated by the Commission to be fifteen thousand dollars
				($15,000) or less, the Commission may interview firms that provide
				proposals.
(b) For a project with a
				services or materials fee estimated by the Commission to exceed fifteen
				thousand dollars ($15,000), the Commission or Evaluation Committee shall
				interview not less than three (3) firms that provided proposals. However, if
				the Commission or Evaluation Committee determines after reviewing a firm's
				proposal that the firm is not qualified for the project and should not have
				received a request for proposal, the Commission or Evaluation Committee may
				reject the proposal and not interview the firm.
(i) Interviews may include discussion of each
				firm's projections of project costs, qualifications, approaches to the project,
				ability to furnish required services or materials, and an estimated fee based
				on the Commission's description of the scope of work.
(ii) The Commission shall keep a record of
				the interview.
(iii) If fewer than
				three (3) firms submit proposals, the Commission may:
(A) Interview all proposing firms;
(B) Solicit for additional proposals before
				proceeding; or
(C) Reject all
				proposals and either re-advertise for prequalification applications or cancel
				the procurement.
(iv) If
				the Commission is unsatisfied with the results of the interviews, it may
				interview not less than two (2) additional firms that provided
				proposals.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-9 - Award of contract

Current through September 21, 2024
(a) The Commission shall consider factors
				including but not limited to the following when selecting the firm with which
				it will begin contract negotiations:
(i)
				Legal entity domicile;
(ii) The
				ability of professional personnel;
(iii) Past performance;
(iv) Ability to meet time
				requirements;
(v)
				Location;
(vi) Current and
				projected workloads;
(vii) The
				volume of work previously awarded to the firm by the Commission;
(viii) Estimated fees;
(ix) Ability to meet stringent compliance
				requirements;
(x) Feedback from the
				Evaluation Committee, if applicable; and
(xi) Any other factors as deemed appropriate
				by the Commission.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-10 - Emergency selection

Current through September 21, 2024
(a) The Director or their designee may waive
				any provision pertaining to firm selection if following the provision is
				reasonably believed to:
(i) Endanger the
				health, welfare, or safety of the public under the circumstances; or
(ii) Place the solvency, security, or
				integrity of the Wyoming Stable Token, its technical infrastructure, its
				underlying reserves held in trust, or any other critical underpinning at
				risk.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 2 - Procurement by Request for Proposal › Section 2-11 - Contract

Current through September 21, 2024
(a) Upon completion of the selection process,
				the Director or their designee shall negotiate a written contract in the form
				required by the Commission with the selected firm as determined by this chapter
				and Chapter 4 of these rules.
(b)
				The Director or their designee shall consider the estimated value, scope,
				complexity, and professional nature of the services or materials to be rendered
				when determining a reasonable compensation.
(c) If the Director or their designee is
				unable to negotiate a satisfactory contract with the selected firm at a price
				determined to be fair and reasonable, negotiations with that firm shall be
				terminated. The Director or their designee shall then begin negotiations with
				the second-ranked firm in order of preference pursuant to Section 9. If the
				Director or their designee fails to negotiate a contract with the second-ranked
				firm, they shall terminate negotiations. The Director or their designee shall
				then begin negotiations with the third-ranked firm in order of
				preference.
(d) If the Director or
				their designee is unable to negotiate a satisfactory contract with any of the
				selected firms, they shall:
(i) Select
				additional firms in order of their rank and continue negotiations in accordance
				with this Section 11 and Section 9 of this chapter, until a contract is
				reached; or
(ii) Review the
				contract under negotiation to determine the possible cause for failure to
				achieve a negotiated contract.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 3 - Procurement by Competitive Sealed Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-1 - Authority

Current through September 21, 2024
(a) These rules are promulgated by the
				Wyoming Stable Token Commission, herein referred to as the Commission, in
				accordance with
				W.S.
				40-31-105(b) and
				40-31-110.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 3 - Procurement by Competitive Sealed Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-2 - Applicability

Current through September 21, 2024
(a) This chapter applies to the Commission's
				procurement of services or materials using competitive sealed bidding,
				competitive negotiation, or noncompetitive negotiation.
(b) This chapter shall not apply to the
				procurement of services or materials by request for proposal, which is covered
				in Chapter 2 of these rules.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 3 - Procurement by Competitive Sealed Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-3 - General provisions

Current through September 21, 2024
(a) The Commission reserves the right to use
				procurement software and related technology to meet any of the requirements of
				this chapter, including but not limited to opening, noting, and time stamping
				receipt of bids.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 3 - Procurement by Competitive Sealed Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-4 - Determination of procurement process

Current through September 21, 2024
(a) A contract for services or materials with
				an anticipated value of fifteen thousand dollars ($15,000) or less shall be
				procured through competitive negotiation per Section 8 of this
				chapter.
(b) A contract for
				services or materials with an anticipated value in excess of fifteen thousand
				dollars ($15,000) shall be procured through competitive sealed bidding per
				Sections 9 through 20 of this chapter.
(c) Paragraphs (a) and (b) shall not apply to
				a contract if:
(i) The Commission obtains an
				approved bid waiver under Section 5 of this chapter; or
(ii) The Commission is procuring the contract
				to respond to an emergency situation under Sections 5 and 6 of this
				chapter.
Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 3 - Procurement by Competitive Sealed Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-5 - Bid waivers

Current through September 21, 2024
(a) If the Director determines that
				competitive negotiation is not feasible for a contract with an estimated value
				equal to fifteen thousand dollars ($15,000.00) or less, the contract may be let
				by noncompetitive negotiation under Section 7 of this chapter without a bid
				waiver from the Commission or the Governor.
(b) If the Director determines that
				competitive sealed bidding is not feasible or practical for a contract with an
				estimated value in excess of fifteen thousand dollars ($15,000), the Director
				may submit their written determination to the Commission and seek approval for
				the contract to be let by competitive negotiation under Section 8 of this
				chapter. The Commission may approve such a bid waiver in accordance with the
				following:
(i) The Director's written
				determination and request for approval of competitive negotiation shall be
				based on factors including, but not limited to:
(A) Whether the Commission attempted to
				advertise for competitive sealed bids but was unsuccessful despite its good
				faith attempts under Section 12 of this chapter. If the Commission received one
				or more bids, the Commission shall explain why the bids received were
				inadequate;
(B) Whether competitive
				sealed bidding is impractical or infeasible due to a lack of competition in the
				industry;
(C) Whether competitive
				sealed bidding is impractical or infeasible because only a small number of
				potential bidders are uniquely qualified for the work due to circumstances,
				geographic disparities, experience with the project, or proprietary techniques
				or technologies; or
(D) Whether
				competitive sealed bidding is impractical or infeasible due to time or other
				constraints that prevent completion of advertisement for competitive sealed
				bids or any other requirements under this chapter.