reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - SPECIAL RULES RELATING TO WORKERS' COMPENSATION › Section 5-3 - Appointed Attorney

Current through July 13, 2024
(a) The hearing
				examiner may appoint an attorney to represent an employee or
				claimant.
(b) Upon entry of a final
				order, an appointed attorney may request payment of reasonable fees and costs.
				All requests for fees and costs shall be verified and shall detail time spent
				and work performed. Permitted fees include:
(i) attorney's fees billed at an hourly rate
				of one hundred eighty dollars ($180.00);
(ii) paralegal and legal assistant fees
				billed at an hourly rate of forty dollars ($40.00). Reimbursable paralegal and
				legal assistant fees are those tasks requiring legal skill and knowledge.
				Clerical and secretarial tasks are not reimbursable and shall not be billed at
				a paralegal or legal assistant rate;
(iii) costs: appointed attorneys may request
				reimbursement of actual expenses reasonably incurred, with respective
				invoices/bills attached (e.g. expert witness fees, costs to obtain pertinent
				medical records, reasonable and customary postage costs, and subpoena costs).
				Copying costs shall be paid at no more than fifteen cents (15¢) per copy.
				If reasonably incurred, attorney's travel time shall be paid at one-half the
				hourly rate for attorney's fees; and
(iv) prevailing employer's attorney fees and
				costs billed at the rates established in this section in any contested case
				where the issue is the compensability of an injury.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - SPECIAL RULES RELATING TO WORKERS' COMPENSATION › Section 5-4 - Record of Proceedings

Current through July 13, 2024
The presiding hearing officer shall assure that a record of
				  the proceeding is kept pursuant to Wyoming Statute §
									16-3-107(p). The cost
				  of reporting the contested case evidentiary hearing shall be paid in accordance
				  with Wyoming Statute §
									27-14-602(c).
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - SPECIAL RULES RELATING TO WORKERS' COMPENSATION › Section 5-5 - Referral to the Medical Commission

Current through July 13, 2024
(a) Upon
				agreement of all the parties to a case, the hearing examiner may refer a
				medically contested case to the Medical Commission for hearing and final
				decision of all issues in the case.
(b) Upon agreement of all the parties to a
				case, the hearing examiner may refer a case to the Medical Commission for
				advice on specified medical issues. The hearing examiner will make the final
				decision on all issues in the case, and referrals for advice will be made only
				after the evidence in the case is closed. The parties shall have an opportunity
				to file written exceptions to the advice received from the Medical Commission
				and any exceptions, along with the advice received, shall become part of the
				record in the case.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - SPECIAL RULES RELATING TO WORKERS' COMPENSATION › Section 5-6 - Hearing Deadline

Current through July 13, 2024
In all workers' compensation cases, the contested case
				  hearing shall be conducted, and the official record closed, no more than eleven
				  (11) months after the first order setting hearing is issued. The hearing
				  examiner shall issue final findings of fact, conclusions of law, and order no
				  more than thirty (30) days after the record is closed.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 6 - SPECIAL RULES RELATING TO DRIVERS' LICENSES › Section 6-1 - General Construction

Current through July 13, 2024
These special rules relating to drivers' license contested
				  case proceedings before the Office are intended to supplement the foregoing
				  provisions of Chapter 2. To the extent that any difference exists, the special
				  rule takes precedence over any foregoing provision.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 6 - SPECIAL RULES RELATING TO DRIVERS' LICENSES › Section 6-2 - Evidence

Current through July 13, 2024
(a) In addition to
				other evidence properly received in all drivers' license contested cases, the
				presiding hearing examiner shall admit into evidence the Wyoming Department of
				Transportation's certified record prepared in accordance with Wyoming Statute
				§
									
										31-7-120.
(b) For any contested case hearing concerning
				Implied Consent - Administrative Per Se suspension (Wyo. Stat. Ann.
				§§
									
										31-6-101 through -108), or Commercial
				Driver's License Implied Consent disqualification - blood alcohol concentration
				of four one-hundredths of one percent (0.04%) or more (Wyo. Stat. Ann. §
									
										31-7-307 ), the Wyoming Department of
				Transportation's certified record shall consist of:
(i) The peace officer's signed statement of
				probable cause;
(ii) The notice of
				suspension or disqualification;
(iii) A copy of the temporary license, if
				issued;
(iv) Documentation that
				chemical testing was conducted in compliance with the Wyoming Department of
				Health Chemical Testing Program including, but not limited to, the operational
				checklist for chemical breath tests, or other documentation sufficient to
				establish the result of chemical testing for blood or urine tests;
				and
(v) All other evidence which is
				material to the matter.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 6 - SPECIAL RULES RELATING TO DRIVERS' LICENSES › Section 6-3 - Hearing Deadline

Current through July 13, 2024
In all drivers' license cases, the contested case hearing
				  shall be conducted, and the official record closed, no more than ninety (90)
				  days after the matter is referred to the Office. The hearing examiner shall
				  issue a final order no more than thirty (30) days after the record is closed.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - SPECIAL RULES RELATING TO SETTLEMENT OR ALTERNATIVE DISPUTE RESOLUTION SERVICES › Section 7-1 - Referrals to the Office of Administrative Hearings

Current through July 13, 2024
Any state agency may request the Office provide hearing
				  services consisting of nonbinding settlement conferences or other alternative
				  dispute resolution. Any such request shall be in writing and properly served by
				  the agency on all parties to the particular matter, shall define the scope of the
				  requested hearing services, and shall indicate that all parties agree to the
				  limited assignment. Wyo. Stat. Ann. §§
									
										9-2-2202(b) and
				  16-3-112(b).
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - SPECIAL RULES RELATING TO SETTLEMENT OR ALTERNATIVE DISPUTE RESOLUTION SERVICES › Section 7-2 - Conduct of Settlement Conferences

Current through July 13, 2024
Settlement conferences or other alternative dispute resolution
				  conducted before the Office shall be in accordance with any appropriate
				  procedures prescribed by the hearing examiner designated by the
				  Office.
Wyoming Administrative Code › Agency 270 - Administrative Hearings, Office of › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - SPECIAL RULES RELATING TO SETTLEMENT OR ALTERNATIVE DISPUTE RESOLUTION SERVICES › Section 7-3 - Reporting Results of Settlement Conferences

Current through July 13, 2024
No later than fifteen (15) days after the conclusion of
				  settlement or other alternative dispute resolution proceedings before the Office,
				  the hearing examiner shall notify the agency, in writing, and with proper notice
				  to all parties, whether settlement appears to have resulted. The hearing examiner
				  shall not disclose the terms of any settlement, but shall instead rely upon the
				  parties properly submitting settlement documents to the other
				  parties.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0002 - Conservation Districts Financial Policies › Chapter 1 - WYOMING CONSERVATION DISTRICTS FINANCIAL POLICIES › Section 1-1 - Purpose

Current through July 13, 2024
These Rules and Regulations implement the Wyoming
				  Conservation Districts Law (W.S. 11-16-101 ) by
				  setting forth the requirements for receiving funds allocated by the state board
				  of agriculture.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0002 - Conservation Districts Financial Policies › Chapter 1 - WYOMING CONSERVATION DISTRICTS FINANCIAL POLICIES › Section 1-2 - Authority

Current through July 13, 2024
These rules are adopted pursuant to the Wyoming Conservation
				  Districts Law
				  W.S.
				  11-16-101 through W.S. W.S.
				  W.S.
				  11-16-134.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0002 - Conservation Districts Financial Policies › Chapter 1 - WYOMING CONSERVATION DISTRICTS FINANCIAL POLICIES › Section 1-3 - Definitions

Current through July 13, 2024
As used in this Chapter and in addition to the definitions
				  found in W.S.
				  11-16-102(a), the following
				  terms are defined:
(a)A Blanket bond
				means an insurance bond that applies the bond limit to the entire loss
				regardless of the number of employees and supervisors involved.
(b)A Blanket position bond means an insurance
				bond that applies the bond limit to the each individual employee or supervisor
				covered.
(c)A Bonding means the
				purchase of an insurance premium to protect the district from financial
				loss.
(d)A Department means the
				Wyoming Department of Agriculture.
(e) A Dishonesty bond means an insurance bond
				that insures the conservation district against loss sustained through any
				fraudulent or dishonest act of the employees.
(f)"Employee means any individual employed by
				the conservation district that is not considered an independent
				contractor.
(g) A Faithful
				performance bond means an insurance bond that insures the conservation district
				against loss sustained through the failure of an employee to perform faithfully
				his duties or to account properly for funds.
(h) A Supervisor means an elected member of
				the conservation district board.
(j) "Cash on hand" means funds in checking,
				savings, and reserve accounts, or easily accessible funds.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0002 - Conservation Districts Financial Policies › Chapter 1 - WYOMING CONSERVATION DISTRICTS FINANCIAL POLICIES › Section 1-4 - Requirements for bonding

Current through July 13, 2024
(a) Conservation
				districts are required (W.S. 11-16-118 ) to
				purchase insurance bonds to protect the district from any loss that might occur
				as a result of employee or supervisor theft or fraud.
(b)Conservation districts may choose which
				type of bond to purchase as long as all employees and supervisors are covered
				under the bond. Conservation districts may choose from the following insurance
				bond types:
(i) Dishonesty bond
(ii) Faithful performance bond
(iii) Blanket bond
(iv) Blanket position bond
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0002 - Conservation Districts Financial Policies › Chapter 1 - WYOMING CONSERVATION DISTRICTS FINANCIAL POLICIES › Section 1-5 - Reporting

Current through July 13, 2024
(a)Conservation districts are required to
				submit to the department a copy of the insurance bond and proof of the total
				anticipated revenue for the fiscal year.
(b)The reporting information will be due on
				August 30 of each year.
(c) The
				District shall provide the Department with demonstration that the additional
				risk management practices contained in Section
				6
				were conducted accordingly. Demonstration shall be in the form of a letter
				outlining actions taken and copies of Board meeting minutes in which such
				action was formally approved.
(d)The Department will require the insurance
				company to provide notice of change in district bonding status within thirty
				(30) days of change.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0002 - Conservation Districts Financial Policies › Chapter 1 - WYOMING CONSERVATION DISTRICTS FINANCIAL POLICIES › Section 1-6 - Additional risk management practices

Current through July 13, 2024
(a) There must be
				two original signatures on each check issued by the district, on all accounts
				held by the district, one of which shall be a district supervisor.
(b)Each voucher prepared by a district must
				contain the following perjury statement:
(i)
Certification. I hereby certify, under penalty of perjury, that this
				voucher, and the items included herein for payment, are correct and just in all
				respects.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0002 - Conservation Districts Financial Policies › Chapter 1 - WYOMING CONSERVATION DISTRICTS FINANCIAL POLICIES › Section 1-7 - Workers compensation and unemployment insurance

Current through July 13, 2024
(a) The District shall provide the Department
				proof of enrollment in the state workers compensation plan, unemployment
				insurance program and local government liability insurance coverage.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0002 - Conservation Districts Financial Policies › Chapter 1 - WYOMING CONSERVATION DISTRICTS FINANCIAL POLICIES › Section 1-8 - Penalties

Current through July 13, 2024
(a) Failure to adhere to these rules will
				result in the Conservation District being ineligible for funding provided by
				the board of agriculture and the department either in the form of grants or
				biennium funding.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-1 - Authority

Current through July 13, 2024
Pursuant to the authority vested in the director of the
				  Wyoming department of agriculture by virtue of
				  W.S.
				  35-7-120,
				  35-7-123(a)
				  (iii), and
				  35-7-127, together with the
				  department of health and the governor's food safety council established
				  pursuant to W.S. W.S.
				  W.S.
				  35-7-127, the following rules are hereby
				  promulgated.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-3 - Statement of Purpose

Current through July 13, 2024
(a) The purpose of
				this Rule is to safeguard public health and assure consumers that food is safe,
				unadulterated, and honestly presented.
(b) This Rule establishes definitions; sets
				standards for management and personnel, food operations, equipment and
				facilities; and provides for establishment or processing plant plan review,
				license issuance, inspection, employee restriction, and license
				suspension.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-4 - Public Health Protection

Current through July 13, 2024
(a) The regulatory
				authority shall apply this Rule to promote its underlying purpose of
				safeguarding the public health and assuring that food is safe, unadulterated,
				and honestly presented when offered to the consumer.
(b) In enforcing the provisions of this Rule,
				the regulatory authority shall assess existing facilities or equipment that
				were in use before the effective date of this Rule based on the following
				considerations:
(i) Whether the facilities or
				equipment are in good repair and capable of being maintained in a sanitary
				condition;
(ii) Whether
				food-contact surfaces comply with Chapter 6, Section
				13;
(iii) Whether the capacities of cooling,
				heating, and holding equipment are sufficient to comply with Chapter 3, Section
				30; and
(iv) The existence of a
				documented agreement with the license holder that the facilities or equipment
				will be replaced as specified under Chapter 2, Section
				12(a)
				(vii), or upgraded or replaced as specified
				under Chapter 2, Section
				12(a)
				(vii)(A).
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-5 - Variances of Modifications and Waivers

Current through July 13, 2024
(a) The Wyoming
				department of agriculture may grant a variance by modifying or waiving the
				requirements of this Rule if in the opinion of the Wyoming department of
				agriculture a health hazard or nuisance will not result from the variance. If a
				variance is granted, the Wyoming department of agriculture shall retain the
				information specified under Chapter 1, Section
				6, in
				its records for the establishment or processing plant.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-6 - Documentation of Proposed Variance and Justification

Current through July 13, 2024
(a) Before
				a variance from a requirement of this Rule is approved, the information that
				shall be provided by the person requesting the variance and retained in the
				Wyoming department of agriculture's file on the establishment or processing
				plant must include:
(i) A statement of the
				proposed variance of the Rule requirement citing relevant Rule Section
				numbers;
(ii) An analysis of the
				rationale for how the potential public health hazards and nuisances addressed
				by the relevant Rule Sections will be alternatively addressed by the proposal;
				and
(iii) A HACCP Plan if required
				as specified under Chapter 10, Section
				1(a) that includes the
				information specified under Chapter 10, Section
				2, as
				it is relevant to the variance requested.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-7 - Variance Requirements

Current through July 13, 2024
(a) If the Wyoming
				department of agriculture grants a variance as specified in Chapter 1, Section
				6, or
				a HACCP plan is otherwise required as specified under Chapter 1 0, Section
				1,
				the license holder shall:
(i) Comply with the
				HACCP Plan and procedures that are submitted as specified under Chapter 10,
				Section
				2,
				and approved as a basis for the modification or waiver; and
(ii) Maintain and provide to the Wyoming
				department of agriculture, upon request, records specified under Chapter 10,
				Section
				2(a) (iv) and
				(v), that demonstrate that the following are
				routinely employed:
(A) Procedures for
				monitoring critical control points;
(B) Monitoring of the critical control
				points;
(C) Verification of the
				effectiveness of an operation or process; and
(D) Necessary corrective actions if there is
				failure at a critical control point.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-8 - Applicability and Terms Defined

Current through July 13, 2024
(a) The following
				terms are defined and apply in the interpretation and application of this Rule.
(i) "Accredited program."
(A) "Accredited program" means a food
				protection manager certification program that has been evaluated and listed by
				an accrediting agency as conforming to national standards for organizations
				that certify individuals.
(B)
				"Accredited program" refers to the certification process and is a designation
				based upon an independent evaluation of factors such as the sponsor's mission;
				organizational structure; staff resources; revenue sources; policies; public
				information regarding program scope, eligibility requirements,
				re-certification, discipline and grievance procedures; and test development and
				administration.
(C) "Accredited
				program" does not refer to training functions or educational
				programs.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-12 - Health Status of Food Employees and Applicants

Current through July 13, 2024
(a) The license
				holder shall require food employees and conditional employees to report to the
				person in charge information about their health and activities as they relate
				to diseases that are transmissible through food. A food employee or conditional
				employee shall report the information in a manner that allows the person in
				charge to reduce the risk of foodborne disease transmission, including
				providing necessary additional information, such as the date of onset of
				symptoms and an illness, or of a diagnosis without symptoms, if the food
				employee or conditional employee:
(i) Has any
				of the following symptoms:
(A)
				Diarrhea;
(B) Vomiting;
(C) Jaundice; or
(D) Sore throat with fever, or;
(E) A lesion containing pus such as a boil or
				infected wound that is open or draining and is:
(I) On the hands or wrists, unless an
				impermeable cover such as a finger cot or stall protects the lesion and a
				single-use glove is worn over the impermeable cover;
(II) On exposed portions of the arms, unless
				the lesion is protected by an impermeable cover; or
(III) On other parts of the body, unless the
				lesion is covered by a dry, durable, tight-fitting bandage;
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-13 - Exclusions and Restrictions of Food Employees

Current through July 13, 2024
(a) The person
				in charge shall exclude or restrict a food employee from an establishment or
				processing plant in accordance with the following:
(i) Except when the symptom is from a
				noninfectious condition, exclude a food employee from working with exposed
				food; clean equipment, utensils, and linens; and unwrapped single-service and
				single-use articles, in an establishment or processing plant if the food
				employee is:
(A) Symptomatic with vomiting or
				diarrhea; or
(B) Symptomatic with
				vomiting or diarrhea and diagnosed with an infection from viral gastroenteritis
				including Norovirus,
Shigella spp.,
or Enterohemorrhagic or
				Shiga toxin-producing
Escherichia coli.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-14 - Removal, Adjustment, or Retention of Exclusions and Restrictions of Food Employees

Current through July 13, 2024
(a) The person in
				charge may remove, adjust, or retain the exclusion or restriction of a food
				employee according to the following conditions:
(i) Except when a food employee is diagnosed
				with an infection from hepatitis A virus or
Salmonella spp:
(A) Reinstate a food employee who was
				excluded as specified under Chapter 1, Section
				13(a) (i)
				(A) if the food employee:
(I) Is asymptomatic for at least 48 hours;
				or
(II) Provides to the person in
				charge written medical documentation from a health practitioner that states the
				symptom is from a noninfectious condition.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-15 - Bed and Breakfast and Ranch Recreation Requirements

Current through July 13, 2024
(a) Food service provided at bed and
				breakfast and ranch recreation facilities shall be for the bona fide guests of
				said facilities and shall not be available for charge or otherwise to other
				members of the public that might be present.
(i) The kitchen in a bed and breakfast or
				ranch recreation facility in a home may be equipped the same as any normal home
				style kitchen provided food safety procedures can be achieved.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 1 - LICENSE ELIGIBILITY, APPLICATION AND INTERVIEWS › Section 1-16 - State Meat and Poultry Inspection Program

Current through July 13, 2024
(a) As authorized
				by W.S.
				35-7-123;
				9 CFR,
				321 Cooperation with States and Territories,
				and 9 CFR
				381 Subpart R-Cooperation with States and
				Territories; Certification of State and Territorial Programs as at Least Equal
				to Federal Program, , the Wyoming
				department of agriculture shall maintain a State Meat and Poultry Inspection
				Program.
(i) The director shall administer
				and enforce the provisions of this Rule and shall employ or contract with such
				persons as may be appropriate.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-1 - Prerequisite for Operation

Current through July 13, 2024
(a) A person shall
				not operate an establishment or processing plant without a valid license issued
				by the regulatory authority.
(i) When a
				person operates two (2) or more establishments or two (2) or more processing
				plants not on the same premises in this state, a separate license shall be
				required for each.
(ii) A person
				conducting two (2) or more operations on the same premises in this state may
				operate under one (1) license.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-2 - Submission and Contents of the License Application

Current through July 13, 2024
(a)
				Pursuant to
				W.S.
				35-7-124(a), any person
				processing, distributing, storing or preparing food for wholesale or retail use
				shall obtain a license from the department of agriculture or a local health
				department. The license is not transferable, shall be renewed on an annual
				basis and shall be prominently displayed in the establishment or processing
				plant. No establishment or processing plant shall serve, hold for sale or sell
				food to the public without a valid license. An agriculture producer shall be
				exempt from the licensure requirement in this Section for processing,
				distributing, storing or sale of any raw agriculture commodity he produces.
(i) Milk haulers, graders, and testers shall
				be licensed according to Chapter 2, Section
				2,
				and standardized by the department of agriculture using criteria specified in
				the United States Public Health Service/FDA Pasteurized Milk Ordinance,
				Appendix B -Milk Production; Hauling; Industry Inspection.
(ii) Any person candling eggs in the state of
				Wyoming shall be licensed according to Chapter 2, Section
				2,
				and standardized by the department of agriculture using criteria specified in
				USDA AMS 56- U.S. Standards, Grades, and Weight Classes for Shell Eggs and 7
				CFR Part 56 Regulations Governing the Voluntary Grading of Shell
				Eggs.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-3 - Qualifications and Responsibilities of Applicants

Current through July 13, 2024
(a) To qualify
				for a license, an applicant shall:
(i) Be an
				owner of the establishment or the person legally in charge of the business
				entity;
(ii) Comply with the
				requirements of this Rule;
(iii) As
				specified under Chapter 2, Section
				24,
				agree to allow access to the establishment or processing plant and to provide
				required information; and
(iv) Pay
				the applicable license fees at the time the application is submitted.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-4 - Issuance of a License

Current through July 13, 2024
(a) For
				establishments or processing plants that are required to submit plans as
				specified under Chapter 2, Section
				6,
				the regulatory authority shall issue a license to the applicant after:
(i) A properly completed application is
				submitted;
(ii) The required fee is
				submitted;
(iii) The required
				plans, specifications, and information are reviewed and approved; and
(iv) A pre-operational inspection shows that
				the establishment or processing plant is built or remodeled in accordance with
				the approved plans and specifications and that the establishment is in
				compliance with this Rule.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-5 - License Fees

Current through July 13, 2024
(a) For
				establishments or processing plants that are required to have a license, as
				specified under Chapter 2, Section
				1(a), the regulatory
				authority shall issue a license to the applicant after the appropriate license
				fee is submitted.
(b) The license
				fee schedule is as follows:
(i) All
				establishments that are new, have a new owner or have changed location shall
				pay an initial license fee of $100.00 with an annual license renewal fee of
				$50.00;
(ii) Temporary
				establishment license fees shall be $25.00; and
(iii) Temporary sampling establishment
				license fees shall be $25.00.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-6 - When Plans and Specifications Are Required

Current through July 13, 2024
(a) A
				license applicant or license holder shall submit to the regulatory authority
				properly prepared plans and specifications for review and approval before:
(i) The construction of an establishment or
				processing plant;
(ii) The
				conversion of an existing structure for use as an establishment or processing
				plant; or
(iii) The remodeling of
				an establishment or processing plant or a change of type of the establishment
				or processing plant as specified under Chapter 2, Section
				7, if
				the regulatory authority determines that plans and specifications are necessary
				to ensure compliance with this Rule.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-7 - Contents of the Plans and Specifications

Current through July 13, 2024
(a) The plans and
				specifications for an establishment or processing plant, including an
				establishment or processing plant specified under Chapter 10, Section
				1,
				shall include, as required by the regulatory authority based on the type of
				operation, type of food preparation, and foods prepared, the following
				information to demonstrate conformance with Rule provisions:
(i) Intended menu;
(ii) Anticipated volume of food to be stored,
				prepared, and sold or served;
(iii)
				Proposed layout, mechanical schematics, construction materials, and finish
				schedules;
(iv) Proposed equipment
				types, manufacturers, model numbers, locations, dimensions, performance
				capacities, and installation specifications;
(v) Evidence that standard procedures that
				ensure compliance with the requirements of this Rule are developed or are being
				developed; and
(vi) Other
				information that may be required by the regulatory authority for the proper
				review of the proposed construction, conversion or modification, and procedures
				for operating an establishment or processing plant.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-8 - Approval of Plans and Specifications

Current through July 13, 2024
(a) The regulatory
				authority shall review all plans and specifications to determine if they are in
				compliance with this Rule. After reviewing the plans and specifications, the
				regulatory authority shall:
(i) Complete a
				plan review sheet.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-9 - Pre-operational Inspections

Current through July 13, 2024
(a) The regulatory
				authority shall conduct one or more pre-operational inspections to verify that
				the establishment or processing plant is constructed and equipped in accordance
				with the approved plans and approved modifications of those plans and is in
				compliance with law and this Rule.
(b) The regulatory authority shall conduct a
				pre-opening inspection prior to issuance of a license.
(i) A routine inspection shall be performed
				within thirty (30) days after the pre-opening inspection.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-10 - Application for Official Inspection, Granting Inspection, Official Numbers

Current through July 13, 2024
(a) Inspection at official establishments
				shall be performed by the director, as authorized by
				9 CFR
				321 Cooperation With States and
				Territories.
(b) To qualify for
				official inspection, as specified in
				9 CFR
				304 Application For Inspection; Grant of
				Inspection an applicant shall:
(i) Submit a
				completed application furnished by the director;
(ii) Comply with the requirements of this
				Rule in addition to 9 CFR
				304 Application for Inspection; Grant of
				Inspection;
(iii) Comply with the
				requirements of
				9 CFR
				304.3 Conditions for Receiving Inspection,
				including:
(A) Developing written Sanitation
				Standard Operating Procedures, as specified in
				9 CFR
				416 Sanitation;
(B) Conduct a hazard analysis and have
				developed and validated a HACCP plan, as required in
				9 CFR
				417 Hazard Analysis and Critical Control
				Point (HACCP) Systems.
(iv) Comply with the requirements of
				9 CFR
				305.3 Sanitation and adequate
				facilities.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-11 - Denial of License Application, Notice

Current through July 13, 2024
(a) The director
				may by order deny a license application if he finds:
(i) The applicant has made false statements
				on the license application;
(ii)
				The applicant has violated or failed to comply with any provision of
				law;
(iii) The applicant is the
				subject of an order within the past two (2) years of any regulatory authority
				in this state or any other denying, suspending or revoking a food
				license;
(iv) The applicant has
				failed to submit the appropriate fees; or
(v) The applicant has failed to correctly and
				completely fill out the application.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-12 - Responsibilities of the License Holder

Current through July 13, 2024
(a) Upon acceptance
				of the license issued by the regulatory authority, the license holder in order
				to retain the license shall:
(i) Post the
				license in a location in the establishment or processing plant that is
				conspicuous to consumers;
(ii)
				Comply with the provisions of this Rule including the conditions of a granted
				variance as specified under Chapter 1, Section
				6,
				and approved plans as specified under Chapter 2, Section
				8;
(iii) Comply with the plan as specified under
				Chapter 1, Section
				6, if
				an establishment or processing plant is required under Chapter 1 0, Section
				1, to
				operate under a HACCP Plan;
(iv)
				Immediately contact the regulatory authority to report an illness of a food
				employee applicant or food employee as specified under Chapter 1, Section
				15;
(v) Immediately discontinue operations and
				notify the regulatory authority if an imminent health hazard may exist as
				specified under Chapter 2, Section
				13;
(vi) Allow representatives of the regulatory
				authority access to the establishment as specified under Chapter 2, Section
				24;
(vii) Except as specified under Chapter 2,
				Section
				12(a) (viii), replace
				existing facilities and equipment specified in Chapter 1, Section
				4(b), with facilities and
				equipment that comply with this Rule if:
(A)
				The regulatory authority directs the replacement because the facilities and
				equipment constitute a public health hazard or nuisance or no longer comply
				with the criteria upon which the facilities and equipment were
				accepted;
(B) The regulatory
				authority directs the replacement of the facilities and equipment because of a
				change of ownership; or
(C) The
				facilities and equipment are replaced in the normal course of
				operation;
(viii) Comply
				with directives of the regulatory authority including time frames for
				corrective actions specified in inspection reports, notices, orders, warnings,
				and other directives issued by the regulatory authority in regard to the
				license holder's establishment or processing plant or in response to community
				emergencies;
(ix) Accept notices
				issued and served by the regulatory authority according to law; and
(x) Be subject to the administrative, civil,
				injunctive, and criminal remedies authorized in law for failure to comply with
				this Rule or a directive of the regulatory authority, including time frames for
				corrective actions specified in inspection reports, notices, orders, warnings,
				and other directives.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-13 - Ceasing Operations and Reporting

Current through July 13, 2024
(a) Except as
				specified in Chapter 2, Section
				13(b), a license holder
				shall immediately discontinue operations and notify the regulatory authority if
				an imminent health hazard may exist because of an emergency such as, but not
				limited to, a fire, flood, extended interruption of electrical or water
				service, sewage backup, misuse of poisonous or toxic materials, onset of an
				apparent foodborne illness outbreak, or gross insanitary occurrence or
				condition.
(b) A license holder
				need not discontinue operations in an area of an establishment or processing
				plant that is unaffected by the imminent health hazard.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-14 - Resumption of Operations

Current through July 13, 2024
(a) If operations
				are discontinued as specified under Chapter 2, Section
				13,
				or otherwise according to law, the license holder shall obtain approval from
				the regulatory authority before resuming operations.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-15 - Conditions Warranting Remedy

Current through July 13, 2024
(a) The regulatory
				authority may seek an administrative or judicial remedy including an
				administrative meeting to achieve compliance with the provisions of this Rule
				if a person operating an establishment or processing plant or an employee:
(i) Fails to have a valid license to operate
				an establishment or processing plant as specified under Chapter 2, Section
				1;
(ii) Violates any term or condition of a
				license as specified under Chapter 2, Section
				12;
(iii) Allows serious or repeated rule
				violations to remain uncorrected beyond time frames for correction approved,
				directed, or ordered by the regulatory authority under Chapter 2, Sections
				26
				and
				28;
(iv) Fails to comply with a regulatory
				authority order issued concerning an employee suspected of having a disease
				transmissible through food by infected persons;
(v) Fails to comply with an order issued as a
				result of a hearing for an administrative remedy;
(vi) Fails to comply with a summary
				suspension order issued by the regulatory authority as specified in Chapter 2,
				Sections
				17;
				or
(vii) Fails to comply with any
				other rule or regulation.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-16 - Administrative Meetings

Current through July 13, 2024
(a) The Wyoming
				Department of Agriculture may initiate an administrative meeting for the
				licensee's failure to:
(i) Correct critical
				violations from a routine inspection if there is a history of non-compliance
				with this Rule;
(ii) For refusal to
				grant access by the regulatory authority; or
(iii) If an inspection reveals deviations in
				the HACCP plan.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-17 - Summary Suspension

Current through July 13, 2024
(a) The regulatory
				authority may summarily suspend a license to operate an establishment or
				processing plant if it determines through inspection, or examination of food
				employees, food, records, or other means as specified in this Rule, that an
				imminent health hazard exists including, but not limited to, fire, flood,
				extended interruption of electrical or water service, sewage backup, or after
				consultation with the Health Officer.
(i) The
				regulatory authority may summarily suspend a license by providing written
				notice of the summary suspension to the license holder or the person in charge
				without prior warning, notice of a hearing, or a hearing.
(ii) A summary suspension notice shall state:
(A) That the license is immediately suspended
				and that all operations shall immediately cease;
(B) The reasons for summary suspension with
				reference to the provisions of this Rule that are in violation;
(C) The type of imminent threat to the public
				health that may be caused by the violation;
(D) The name and address of the regulatory
				authority representative to whom notice for re-inspection may be made and who
				may certify that reasons for the suspension are eliminated;
(E) The license holder may request a
				contested case hearing within five (5) business days of the summary suspension.
				The regulatory authority shall hold a hearing, if requested, within ten (10)
				business days of the summary suspension; and
(F) The name and address of the regulatory
				authority representative to whom a request for a contested case hearing may be
				made.
(iii) The
				regulatory authority shall conduct a re-inspection of the establishment or
				processing plant for which the license was summarily suspended within 48 hours
				after receiving notice from the license holder stating that the conditions
				cited in the summary suspension order no longer exist.
(iv) A summary suspension shall remain in
				effect until the conditions cited in the notice of suspension no longer exist
				and their elimination has been confirmed by the regulatory authority through
				re-inspection and other means as appropriate or until a court of competent
				jurisdiction otherwise orders.
(v)
				The suspended license shall be reinstated immediately if the regulatory
				authority determines that the imminent health hazard no longer exists. A notice
				of reinstatement shall be provided to the license holder or person in
				charge.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-18 - Revocation

Current through July 13, 2024
(a) The Wyoming Department of Agriculture may
				initiate revocation proceedings for a license:
(i) If the condition for the summary
				suspension is not corrected;
(ii)
				For failure to correct critical violations from a routine inspection;
(iii) If there is a history of non-compliance
				with this Rule; or
(iv) For refusal
				to grant access by the regulatory authority.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-19 - Hearings

Current through July 13, 2024
(a) All hearings provided for in this Rule
				shall be conducted in accordance with the Rules of Practice and Procedures
				adopted by the Wyoming Department of Agriculture. Appeal from any final order
				of the Wyoming Department of Agriculture shall be taken as provided by the
				Wyoming Administrative Procedure Act.
Wyoming Administrative Code › Agency 010 - Agriculture, Dept. of › Sub-Agency 0003 - Medicine, Board of › Chapter 2 - REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION › Section 2-20 - Service of Notices

Current through July 13, 2024
(a) A notice issued
				in accordance with this Rule, except for a notice of summary suspension which
				shall be considered properly served pursuant to Chapter 2, Section
				17,
				shall be considered to be properly served if it is served by one of the
				following methods:
(i) The notice is
				personally served by the regulatory authority, a law enforcement officer, or a
				person authorized to serve a civil process to the license holder, the person in
				charge, or person operating an establishment or processing plant without a
				license;
(ii) The notice is sent by
				the regulatory authority to the last known address of the license holder or the
				person operating an establishment or processing plant without a license, by
				registered or certified mail return receipt requested or by other public means
				so that a written acknowledgment of receipt may be acquired;
(iii) If the notice is unable to be delivered
				after reasonable attempts to serve, then the notice shall be clearly posted by
				the regulatory authority at a public entrance to the establishment or
				processing plant; or
(iv) The
				notice is provided by the regulatory authority in accordance with another
				manner of service authorized in law.