reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 1 - INFORMATION PRACTICES › Section 1-6 - Disclosure

Current through July 13, 2024
The Department will, after approving a request for
				  disclosure, provide that individual at the set time and place, whatever
				  information pertaining to the individual the records specified
				  contain.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 1 - INFORMATION PRACTICES › Section 1-7 - Correction or Amendment

Current through July 13, 2024
The individual to whom the record pertains may request that
				  the record be corrected or amended by giving the Department a written request.
				  The request should contain the identifying information contained in the request
				  for disclosure and indicate what information should be corrected or amended.
				  Within ten working days, the Department shall either make the requested
				  correction or inform the individual of its refusal to do so, together with the
				  reasons for the refusal. The Department's actions may be reviewed pursuant to
				  the Wyoming Administrative Procedure Act, Sections
				  9
				  - 276.19 et seq.,W.S. 1957.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 1 - INFORMATION PRACTICES › Section 1-8 - Fees

Current through July 13, 2024
Copies of the requested information will be provided for a
				  fee of $1.00 per page. No fee shall be charged for:
a. Requests from an employee or former
				employee of the Department for copies of personal records of the
				employee.
b. requests from
				governmental subdivisions.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 1 - INFORMATION PRACTICES › Section 1-9 - Maintenance of Records

Current through July 13, 2024
The Department shall:
a. Maintain in its records only information
				about an individual necessary to accomplish the Department's purposes required
				by statute.
b. Collect information
				to the greatest extent possible directly from the subject individual.
c. Inform each individual asked to supply
				information of the principal purpose or purposes for which the information is
				to be used, the routine uses that may be made of the information, and the
				effects, if any, on the individual for not providing the requested
				information.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 3 - AERIAL OBSTRUCTION REPORTING REQUIREMENTS › Section 3-1 - Authority and Purpose

Current through July 13, 2024
These rules and regulations are adopted pursuant to
				  W.S.
				  10-4-305 to administer a program for
				  reporting information about certain aerial obstructions to the Wyoming
				  Department of Transportation.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 3 - AERIAL OBSTRUCTION REPORTING REQUIREMENTS › Section 3-2 - Reporting Requirements

Current through July 13, 2024
(a) Persons owning
				or leasing a structure meeting the reporting requirements of
				W.S.
				10-4-305 shall submit, as described in
				Section
				3
				of this rule, the following information to the Wyoming Aeronautics Division of
				the Wyoming Department of Transportation on or before April 30, 2009, for every
				structure erected before April 30, 2009.
(i)
				The structure's exact location by latitude, longitude, and county;
(ii) The elevation of the site in
				feet;
(iii) The structure's height
				above ground level, in feet;
(iv)
				The owner's name, address, telephone number, e-mail address (if any), and
				owner's representative (if any); and
(v) The method used to make the structure
				visible.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 3 - AERIAL OBSTRUCTION REPORTING REQUIREMENTS › Section 3-3 - Contact Information

Current through July 13, 2024
(a) Information as
				required in Section
				2
				of this rule shall be submitted to the Aeronautics Division of the Wyoming
				Department of Transportation using the Wyoming Meteorological Towers Reporting
				System through the following electronic address:
				http://www.dot.state.wy.us/wydot/aeronautics.
(b) If electronic submission is unfeasible,
				the information required by Section
				2(a) of this rule shall be
				submitted by paper to the Aeronautics Division using the following mailing
				address: 5300 Bishop Boulevard, Cheyenne, WY 82009.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 4 - AIR SERVICE ENHANCEMENT PROGRAM › Section 4-1 - Authority

Current through July 13, 2024
These rules of practice and procedure are promulgated by
				  authority of
				  W.S.
				  10-3-201, W.S.
				  W.S.
				  10-3-601(b), W.S.
				  W.S.
				  10-3-601(g), and W.S. W.S.
				  W.S.
				  10-3-602.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 4 - AIR SERVICE ENHANCEMENT PROGRAM › Section 4-2 - Purposes of the Rules

Current through July 13, 2024
(a) These Wyoming
				Department of Transportation (WYDOT) Aeronautics Division rules are intended to
				provide a uniform process for submitting grant applications and to clarify the
				benefits to be evaluated when considering applications as in
				W.S.
				10-3-601(b) and W.S.
				W.S.
				10-3-601(g) by ensuring
				consistency in the Air Service Enhancement Program (ASEP).
(b) These rules also provide a uniform and
				understandable interpretation of the process of approval for all funds granted
				under the ASEP.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 4 - AIR SERVICE ENHANCEMENT PROGRAM › Section 4-3 - Definitions

Current through July 13, 2024
All definitions as set forth in
				  W.S.
				  10-1-101 and W.S. W.S.
				  W.S.
				  10-3-601(b) and (f) apply to
				  these rules.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 4 - AIR SERVICE ENHANCEMENT PROGRAM › Section 4-4 - Evaluation of Benefits

Current through July 13, 2024
Any state grant for air service enhancement shall be
				  conditioned upon and evaluated by the following potential benefits.
(a) Maintaining critical air service (defined
				as daily scheduled service to one hub airport).
(b) Increasing or sustaining economic
				benefit, or facilitating new or existing business opportunities, by providing
				adequate air service to Wyoming communities.
(c) Increasing or maintaining consistency of
				service, on-time performance, and reliability.
(d) Increasing the number of Wyoming
				passengers originating flights in Wyoming, rather than in other
				states.
(e) Increasing or
				sustaining the frequency of flight operations from commercial Wyoming airports
				to regional airport hubs.
(f)
				Delivering competitive airfare for Wyoming passengers.
(g) Raising the minimum number of
				enplanements at airports facing a potential loss of federal Airport Improvement
				Program (AIP) funding.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 4 - AIR SERVICE ENHANCEMENT PROGRAM › Section 4-5 - Benchmarks

Current through July 13, 2024
The following benchmarks shall be used to assess the
				  ASEP.
(a) Air service.
(b) Economic benefit.
(c) On-time performance and
				reliability.
(d) Passenger
				retention.
(e)
				Enplanements.
(f) Flight
				capacity.
(g) Competitive
				airfares.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 4 - AIR SERVICE ENHANCEMENT PROGRAM › Section 4-6 - Grant Application Process

Current through July 13, 2024
The Department uses a uniform application process for all
				  funds granted under the ASEP.
(a) The
				community sponsor and the airline discuss air service needs, and negotiate
				costs and service terms.
(b) The
				airline provides the community sponsor a forecast with assumed cost and
				revenues for the suggested contract term.
(c) The community sponsor discusses
				obligations and terms under the ASEP with the airline and receives the
				airline's consent.
(d) The
				community sponsor gathers required cash commitments from the local
				community.
(e) The community
				sponsor completes and signs the ASEP application for funding.
(f) All applications shall be submitted to
				the Aeronautics Division 30 calendar days prior to the next Aeronautics
				Commission meeting for grant consideration. Grant applications received after
				the 30 day deadline shall not be considered until the following Commission
				meeting.
(g) The Aeronautics
				Division reviews the application, verifies data with the resources available,
				and makes a recommendation to the Wyoming Aeronautics Commission.
(h) The Aeronautics Commission reviews the
				application submitted by the community sponsor and the recommendation by the
				Aeronautics Division and considers the application at the monthly Aeronautics
				Commission meeting.
(i) The
				community sponsor shall be responsible for any expenses incurred prior to
				Aeronautics Commission consideration and approval of any application;
				exceptions can be made at the Aeronautics Commission's discretion.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0001 - Aeronautics Commission › Chapter 4 - AIR SERVICE ENHANCEMENT PROGRAM › Section 4-7 - Non-Compliant Grantees

Current through July 13, 2024
(a) The Aeronautics
				Division shall, at WYDOT's discretion, investigate non-compliant grantees and
				pursue all appropriate legal means including termination of any grant agreement
				and any or all items and shall seek remediation for monies expended by WYDOT
				and received by non-compliant grantees.
(b) If a community sponsor fails to pay any
				amount owed when the same shall become due and payable, WYDOT shall pursue
				remedies in law or in equity at its discretion.
(c) The Wyoming Department of Transportation
				reserves the right to audit any Air Service Enhancement project.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-1 - Authority

Current through July 13, 2024
These rules are promulgated by authority of
				  W.S.
				  39-17-102, W.S.
				  W.S.
				  39-17-202, and W.S.
				  W.S.
				  39-17-302.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-2 - Licensing Procedure for New Applicants

Current through July 13, 2024
(a) A supplier,
				terminal operator, distributor, importer, or exporter shall apply on forms the
				Wyoming Department of Transportation (WYDOT) provides. The applicant shall:
(i) Submit proof of registration to do
				business in Wyoming from the Wyoming Secretary of State;
(ii) Submit a current list of the business's
				owners, partners, members, managers, or corporate officers;
(iii) Submit a federal document identifying
				the entity's federal employer tax identification number;
(iv) Declare bulk storage capacity located in
				Wyoming by fuel type;
(v) Declare
				the physical location of the business, bulk plant, and all other storage
				facilities; and
(vi) Remit the
				appropriate licensing fee for each fuel type license requested.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-3 - License Renewal Procedure

Current through July 13, 2024
(a) A refiner,
				supplier, terminal operator, distributor, importer, exporter, or dealer shall
				renew annually on forms WYDOT provides. The applicant shall:
(i) Provide proof of good standing from the
				Wyoming Secretary of State;
(ii)
				Remit the appropriate licensing fee for each fuel type license requested;
				and
(iii) Provide the physical
				location for all bulk plants and storage facilities if they have been moved,
				relocated, or updated.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-4 - Relicensing Procedures for Expired or Revoked Licensees

Current through July 13, 2024
(a) A licensee
				whose license has expired or who has had a license revoked and seeks
				relicensing shall file an application with WYDOT and remit the required license
				fee.
(b) In addition to the
				preceding procedures, a licensee may be required to:
(i) Remit in certified funds all unpaid
				taxes, penalties, and interest along with all outstanding fuel tax
				reports;
(ii) Submit the required
				licensee fee using certified funds; and
(iii) Post a bond with the Department
				pursuant to
				W.S.
				39-17-106, W.S.
				W.S.
				39-17-206, or W.S.
				W.S.
				39-17-306.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-5 - Notice of Intent to Revoke Refiner, Supplier, Distributor, Importer, Exporter, and Dealer License

Current through July 13, 2024
(a) WYDOT shall
				issue a failure-to-file delinquency notice to a licensee who fails to comply
				with W.S.
				39-17-107(a), W.S.
				W.S.
				39-17-207(a), or W.S.
				W.S.
				39-17-307(a) by not filing
				the required monthly tax reports on time. The licensee shall have 10 days from
				the date of the letter to file the delinquent tax report. Noncompliance may
				result in license revocation. WYDOT shall notify any revoked licensee's
				suppliers and customers of the revocation.
(b) WYDOT shall issue a billing for
				delinquent taxes, penalty, and interest to a licensee who fails to comply with
				W.S. W.S.
				39-17-107(b), W.S.
				W.S.
				39-17-207(b), or W.S.
				W.S.
				39-17-307(b) by remitting
				the correct monthly fuel taxes. The licensee shall have 10 days from the date
				of the letter to remit the delinquent taxes, penalty, and interest.
				Noncompliance shall result in license revocation. WYDOT shall notify any
				revoked licensee's suppliers and customers of the revocation.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-6 - Refund Claims and Audit Documentation

Current through July 13, 2024
(a) Any refund
				requests from distributors, importers, exporters, or suppliers shall be
				submitted on or before the last day of the month for the preceding calendar
				month. The refund request is not valid if not submitted within one year from
				the date of purchase.
(b) Any
				portion of a refund request may be withheld to satisfy taxes due.
(c) A licensee may retain record information
				on CD-ROM, disk, microfiche, or other electronic means with prior WYDOT
				approval.
(d) End-user refunds are
				addressed in Sections
				14 and
				15 of this rule and regulation.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-7 - Gross/Net and Billed Reporting

Current through July 13, 2024
(a) Suppliers shall
				report net, gross, and billed gallons.
(b) Distributors, importers, and exporters
				shall report the gross gallons and billed gallons.
(c) Distributors, importers, and exporters
				shall be required to report net gallons when billed on net gallons. Any excess
				fuel tax collections shall be remitted.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-8 - Shrinkage Credit

Current through July 13, 2024
(a) To qualify for
				a shrinkage credit, a distributor or importer shall:
(i) Submit a letter requesting shrinkage
				credit;
(ii) Submit a legal
				description of the bulk plant location(s); and
(iii) Submit a color photograph of the bulk
				plant(s).
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-9 - Bulk Plants and Bulk Storage

Current through July 13, 2024
(a) Bulk plants, by
				definition, are a fuel storage and distribution facility, other than a
				terminal, from which accountable products may be removed at a rack.
(b) Bulk storage includes fuel stored in
				transport trucks, tank wagons, rail cars, or any other vessel.
(c) Bulk storage shall not include bulk
				storage that is part of a retail location.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-10 - Insufficient Funds Checks Written to WYDOT

Current through July 13, 2024
All insufficient funds checks shall be redeemed with
				  certified funds. WYDOT may require certified funds for all future fuel taxes,
				  penalties, interest, and license renewal fees.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-11 - Unrecoverable License Taxes

Current through July 13, 2024
The supplier, distributor, or importer shall notify WYDOT of
				  any unrecoverable Wyoming license taxes. WYDOT shall then provide the supplier,
				  distributor, or importer with the documentation necessary to request a tax
				  credit. WYDOT shall authorize in writing the credit to be taken against a
				  future liability.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-13 - Electronic Filing

Current through July 13, 2024
(a) Suppliers,
				distributors, importers, and exporters will be required to file monthly reports
				electronically by the specified in the following:
(i) All filers with more than 250 scheduled
				lines shall file monthly reports electronically;
(ii) On or before January 1, 2016, all filers
				shall file monthly reports electronically.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-14 - End-User Refunds

Current through July 13, 2024
(a) To qualify for
				an end-user refund, the applicant shall be the end-user (defined as any person
				consuming or using accountable products or motor fuel).
(b) No altered or corrected invoice shall be
				accepted for refund purposes. Invoices containing errors shall be voided, and a
				new invoice issued and attached to the original invoice. The seller shall
				retain all invoices (original and voided) for 3 years.
(c) Undyed and tax paid special diesel fuel
				used to power auxiliary or off-road equipment is eligible for a refund of the
				fuel taxes paid at the time of purchase, less the state sales tax due the
				Department of Revenue. The user(s) shall:
(i)
				Submit a written and signed form as provided by the Wyoming Department of
				Transportation;
(ii) Submit
				receipts and total gallons along with the written claim forms to the
				Department. These shall show the amount of taxes paid (fuel and additional
				license tax) on any special fuel;
(iii) State the purpose of the fuel usage and
				describe the reason a refund is due; and
(iv) If applicable, include a list of all
				equipment powered by the diesel fuel claimed for refund.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-15 - Alternative Fuels

Current through July 13, 2024
(a) Biodiesel Blend
Wyoming statutes designate a biodiesel blend contains xx
				  biodiesel blended with a petroleum product. The Department shall consider any
				  diesel product with 6 percent or more biodiesel a bio-diesel blend. Therefore,
				  Bxx is B6, so B1 through B5 are classified as undyed diesel.
(b) Shrinkage Credit
Shrinkage credit is applicable for the following alternative
				  fuels: biodiesel blends, E-85, and hydrogen.
(i) To qualify for shrinkage credit, a
				distributor or importer shall:
(A) Submit a
				letter requesting shrinkage credit;
(B) Submit a legal description of the bulk
				plant location(s); and
(C) Submit a
				color photograph of the bulk plant(s).
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0002 - Fuel Tax Administration › Chapter 1 - FUEL TAX ADMINISTRATION › Section 1-16 - Electronic Filing

Current through July 13, 2024
(a) Suppliers,
				distributors, importers, and exporters will be required to file monthly reports
				electronically by the specified in the following:
(i) On or before October 1, 2011, for filers
				with more than 1,000 scheduled lines;
(ii) On or before January 1, 2012, for filers
				with more than 750 schedule lines;
(iii) On or before April 1, 2012, for filers
				with more than 500 schedule lines;
(iv) On or before July 1, 2012, for filers
				with more than 250 schedule lines.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 1 - PROCEDURES FOR PUBLIC NOTICE OF CALL FOR BIDS › Section 1-1 - Period of Advertising

Current through July 13, 2024
An invitation to bid will normally be published in one
				  newspaper with a general circulation that is statewide. The advertisement will
				  generally appear once a week for three consecutive weeks with a period of one
				  week between the last advertisement and the bid opening.
At the discretion of the Department, a two week advertisement
				  period may be used for small, relatively simple projects or when there is some
				  urgency to place the project under contract.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 1 - PROCEDURES FOR PUBLIC NOTICE OF CALL FOR BIDS › Section 1-2 - Subscription List

Current through July 13, 2024
Subscription List. A subscriber's list for "Invitation for
				  Bids" is maintained by the Department. All subscribers will receive an
				  invitation for Bids. Any potential bidder may subscribe to this publication by
				  making application, paying the required fee and mailing to:
Wyoming Department of Transportation
Contracts and Estimates program
P.O. Box 1708
Cheyenne, WY 82002-9019
Bids must be submitted on forms furnished by the Wyoming
				  Department of Transportation (See Chapter X, Department Rules and
				  Regulations).
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 1 - PROCEDURES FOR PUBLIC NOTICE OF CALL FOR BIDS › Section 1-3 - Emergency Contracting

Current through July 13, 2024
When an emergency arises requiring immediate action projects
				  may not be advertised and let to bid, but negotiated with one or more
				  contractors in the vicinity of the project so that work can begin
				  immediately.
Limitations on emergency contracting are defined in
				  W.S.
				  24-2-108 and carry monetary
				  limits.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 1 - PROCEDURES FOR PUBLIC NOTICE OF CALL FOR BIDS › Section 1-4 - Materials and Services

Current through July 13, 2024
Calls for bids on materials and services that are estimated
				  to be above the monetary limits set by statute shall be advertised in the same
				  manner as other work. Bids may be solicited from suppliers without advertising
				  when the estimated cost is below the monetary limits established by statute. A
				  list of bidders supplying materials and services is maintained by the
				  Department. It is segregated by category of materials and services in which the
				  bidder specializes. Prospective bidders will be taken from this list. A
				  potential bidder will be placed on the bidders list by contacting the
				  Department. There is no charge for this service. Bidders will be removed from
				  the list when they do not respond to a request for bid over a period of one
				  year.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 1 - PROCEDURES FOR PUBLIC NOTICE OF CALL FOR BIDS › Section 1-5 - Caveat

Current through July 13, 2024
Nothing herein contained shall be construed to imply that
				  bids must be accepted or bidders are qualified by being included on a bidders
				  list or receiving an invitation for bids.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 2 - CERTIFICATION AND DECERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES › Section 2-1 - Authority

Current through July 13, 2024
W.S. 24-2-105 and W.S. W.S.
				  W.S.
				  24-2-108 authorize the Transportation
				  Commission of Wyoming to adopt general rules and regulations for determining
				  eligibility to participate in the Disadvantaged Business Enterprise (DBE)
				  Program. In addition, the Transportation Commission of Wyoming is obligated to
				  implement 23 C.F.R.
				  230;
				  49 C.F.R. 23, as amended; and
				  49 C.F.R.
				  26 for full participation in the federal-aid
				  highway program. To comply with these regulations, the Transportation
				  Commission of Wyoming requires the Wyoming Department of Transportation (WYDOT)
				  to certify disadvantaged business enterprises.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 2 - CERTIFICATION AND DECERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES › Section 2-2 - Purpose

Current through July 13, 2024
The purpose of these rules is to determine and recognize the
				  eligibility status of disadvantaged business enterprises and satisfy U.S.
				  Department of Transportation policy.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 2 - CERTIFICATION AND DECERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES › Section 2-3 - Definitions

Current through July 13, 2024
"Disadvantaged business enterprise" means a small business
				  concern as defined according to Section
				  3
				  of the Small Business Act (
				  15 U.S.C.
				  631, et seq.), and relevant regulations
				  promulgated pursuant to this act, that is owned, operated, and controlled by
				  socially and economically disadvantaged individuals, including minority and
				  woman-owned business enterprises.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 2 - CERTIFICATION AND DECERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES › Section 2-4 - Certification Statement

Current through July 13, 2024
All individuals and firms wishing to be recognized and
				  certified as disadvantaged business enterprises shall first submit a
				  disadvantaged business enterprise application, furnished by WYDOT, to certify
				  eligibility. The application submitted shall contain sufficient information to
				  establish clearly the disadvantaged business enterprise status of the firm or
				  individual.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 2 - CERTIFICATION AND DECERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES › Section 2-6 - Appeals Procedure

Current through July 13, 2024
The individual or firm whose certification has been denied or
				  revoked by WYDOT may file an appeal with the U.S. Department of Transportation
				  to have the denial or revocation reviewed. The appeal shall be filed within 90
				  days of the denial or revocation.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 2 - CERTIFICATION AND DECERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES › Section 2-7 - Decertification

Current through July 13, 2024
The Wyoming Department of Transportation may, upon receiving
				  information furnished by the disadvantaged business enterprise or an interested
				  third party, determine that the enterprise's eligibility status has changed
				  enough that WYDOT can no longer recognize the individual or firm as a
				  disadvantaged business enterprise.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-1 - Authority

Current through July 13, 2024
These rules are promulgated, authorized, and required by W.
				  S.
										16-3-102(a) and W.S.
				  W.S.
				  24-2-105.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-2 - Purpose

Current through July 13, 2024
The purpose of this chapter is to establish a system by which
				  interested persons may appeal the decisions of the Wyoming Department of
				  Transportation (WYDOT) and to provide standards of conduct for all contested
				  case hearings, except as otherwise provided by law.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-3 - Contested Case Proceedings

Current through July 13, 2024
(a) Any party
				notified by WYDOT of a decision that adversely affects that party shall be
				entitled to a hearing before a hearing officer designated by WYDOT if the party
				requests a hearing in writing within 30 days from the date the notice is
				received.
(b) 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 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-4 - Incorporation by Reference

Current through July 13, 2024
(a) Any code,
				standard, rule, or regulation incorporated by reference does not include any
				later amendments or editions of the incorporated matter beyond the applicable
				data identified in subsection (b) of this section.
(b) The following code, standard, rule, or
				regulation is incorporated by reference: Chapter 2, Uniform Rules for Contested
				Case Practice and Procedure, adopted by the Office of Administrative Hearings
				and effective on October 17, 2014. The incorporated material may be found at
				the following: http://soswy.state.wy.us/Rules/RULES/9644.pdf.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-5 - Informal Hearings

Current through July 13, 2024
(a) Any party
				entitled to a contested case hearing in a matter involving WYDOT may waive
				rights to a formal hearing and may request an informal hearing before the
				Transportation Commission of Wyoming or a Commission-appointed individual or
				panel. Such request shall be filed in writing with the Secretary of the
				Transportation Commission of Wyoming, Wyoming Department of Transportation,
				5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340.
(b) At all informal hearings, records of the
				proceedings shall be made to include all documentary evidence submitted by any
				party. WYDOT shall prepare findings of fact and conclusions of law and submit
				them to the Transportation Commission of Wyoming for consideration.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-6 - Petitions

Current through July 13, 2024
(a) Where "Contested Case Hearings" are to be
				held before the Department as allowed by law, the petitioner shall prepare and
				file with the Secretary a petition setting out the following, using prepared
				forms available from the Secretary.
(i) The
				name and address of the person requesting a hearing.
(ii) A statement, in ordinary and concise
				language, of the facts on which the petition is based including, whenever
				applicable, particular reference to statutory sections, contract provisions
				and/ or rules, regulations and orders involved.
(iii) The specific relief sought.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-7 - Answers or Responsive Pleadings

Current through July 13, 2024
Within thirty days after receipt of a petition, the
				  Respondent shall file an answer to the petition with the Secretary. The answer
				  shall fully and plainly inform the parties involved of the nature of the
				  defense or reason for the decision or action upon the particular matter
				  involved.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-8 - Notice of Formal Hearing

Current through July 13, 2024
Upon receiving notice of an appeal of a decision by the
				  Department, a party shall be afforded an opportunity for hearing.
(a) The Secretary shall serve formal notice
				of the hearing upon all parties. The notice shall include a statement of
(i) The time, place and nature of the
				hearing;
(ii) The legal authority
				and jurisdiction under which the hearing is to be held;
(iii) The particular contract provisions,
				statutes and/or rules and regulations involved; and
(iv) A short and plain statement of the
				matters asserted.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-9 - Docket

Current through July 13, 2024
When a proceeding is instituted by the filing of a petition,
				  the Secretary shall assign it a number and enter the proceeding with the date
				  of its filing on a separate page of a docket provided for such purpose. The
				  Secretary shall systematically place all papers, pleadings, documents,
				  transcripts and evidence pertaining to the appeal in a separate file, and all
				  such items shall have noted thereon the docket number assigned and date of
				  filing.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-10 - Subpoena

Current through July 13, 2024
The Commission, Commission Authorized Panel, or Presiding
				  Officer shall have the authority to issue a subpoena requiring the appearance
				  of witnesses for the purpose of taking evidence or requiring the production of
				  any books, papers, material, or other documents relevant to the
				  inquiry.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-11 - Default in Appearing

Current through July 13, 2024
The petitioner may within twenty (20) days after formal
				  notice is given, and with good cause, request an alternate time. The
				  Commission, Commission Authorized Panel, or Presiding Officer, for good cause,
				  shall reschedule the hearing, and provide written notice thereof to the
				  Petitioner. Thereafter, in the event a Petitioner fails to appear at the
				  designated time, and provided the foregoing rules as to notice have been
				  complied with, the party shall be considered in default.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-12 - Hearing

Current through July 13, 2024
At the date, time and place of hearing, the Commission,
				  Commission Authorized Panel, or the Presiding Officer, in accordance with the
				  notice given, shall hear all matters presented. The Commission may elect a
				  Commissioner to conduct the hearing or appoint an authorized person to act as
				  the hearing officer. All issues set forth in the petition and/or formal notice
				  given shall be presented by the Petitioner. Any party may be represented
				  personally, or by counsel, provided that counsel is authorized to practice law
				  in the State of Wyoming.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-13 - Order of Procedure at Hearing

Current through July 13, 2024
As nearly as may be, the hearing shall be conducted in
				  accordance with the following order of procedure:
(a) The Commission, Commission Authorized
				Panel, or Presiding Officer shall state the docket number and title of the
				matter and case to be heard, and shall direct that the petition and formal
				notice be included in the record. The appearance of any Petitioner or
				Petitioners shall be noted. All subpoenas issued shall be noted for the
				record.
(b) An opening statement
				may be made by each party.
(c) The
				Petitioner shall thereupon present the Petitioner's evidence. All exhibits
				offered by and on behalf of the Petitioner, shall be marked by letters of the
				alphabet beginning with "A". Cross-examination shall be permitted after
				testimony of each witness.
(d) Upon
				the conclusion of Petitioner's case, the Respondent shall thereupon present its
				evidence. The Respondent's evidence or exhibits shall be marked separately so
				as to identify the respective exhibits commencing with the number
				"1".
(e) Witnesses may be
				questioned by the Commission, Commission Authorized Panel, or Presiding Officer
				at any time.
(f) At the conclusion
				of the Respondent's case, the Petitioner may present rebuttal evidence or
				exhibits. Subsequent testimony may be received from the parties at the
				discretion of the Commission, Commission Authorized Panel, or Presiding
				Officer.
(g) Closing statements may
				be presented at the conclusion of the presentation of evidence. Rebuttal
				statements may be made by the parties to the proceeding, at the discretion of
				the Commission, Commission Authorized Panel, or Presiding Officer. The time for
				any oral argument may be limited.
(h) After all proceedings have been
				concluded, all witnesses shall be dismissed and excused and the hearing
				declared closed.
(i) Any party may
				tender written briefs. The Commission, Commission Authorized Panel, or
				Presiding Officer shall take the case under advisement and shall declare unto
				the parties that the decision of the Commission shall be announced within the
				due and proper time following consideration of all the matters presented at the
				hearing pursuant to the Wyoming Administrative Procedures Act.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-15 - Rules of Civil Procedure

Current through July 13, 2024
The Wyoming Rules of Civil Procedure shall apply to the
				  conduct of all proceedings conducted pursuant to this chapter, except as
				  otherwise provided by the Wyoming Administrative Procedure Act,
				  W.S.
				  16-3-101 to
				  16-3-115.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-16 - Attorneys

Current through July 13, 2024
The filing of an answer or other appearance by an attorney
				  constitutes his or her appearance for the party for whom the pleading is filed.
				  The Commission, Commission Authorized Panel, or Presiding Officer shall be
				  notified in writing of any withdrawal from any hearing. This rule shall not be
				  construed to prohibit any person from representing himself or herself in any
				  hearing.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-17 - Role of the Attorney General

Current through July 13, 2024
In all matters before the Commission or Commission
				  Authorized Panel, the Attorney General or a representative of his staff, may be
				  requested to be present throughout the hearing to assist and advise the
				  Commission or Commission Authorized Panel.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-18 - Taking of Testimony - Reporter

Current through July 13, 2024
Hearings shall be recorded by a court reporter, tape
				  recorder, or other recording device. Any party desiring a copy of the
				  transcript shall make such arrangements at said parties
				  expense.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-19 - Decision, Findings of Fact and Conclusions of Law

Current through July 13, 2024
(a) A party may, following the full and
				complete contested case hearing, file Findings of Fact and Conclusions of Law
				with the Commission, Commission Authorized Panel, or Presiding Officer. If such
				Findings of Fact and Conclusions of Law are presented the Commission,
				Commission Authorized Panel or Presiding Officer may consider them in arriving
				at Findings of Fact and Conclusion of Law supporting the recommended written
				decision and order.
(b) The
				Commission shall file with the Secretary, findings of fact and conclusions of
				law. The findings of fact, conclusions of law and order shall, without further
				action, become the decision and order of the Commission. A copy shall be sent
				by registered mail to each party or their attorneys of record.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 3 - APPEALS AND HEARINGS › Section 3-20 - Informal Hearings

Current through July 13, 2024
(a) Any party
				entitled to a contested case hearing in a matter involving the Department may
				waive rights to a formal hearing and may request an informal hearing before the
				Commission or Commission appointed Presiding Officer. Such request must be
				filed in writing with the Secretary. All parties must waive formal hearing
				rights. If any party objects to an informal hearing, a formal hearing shall be
				held.
(b) At all informal hearings,
				records of the proceedings shall be made to include all documentary evidence
				submitted by any party. Findings of fact and conclusions of law will be
				prepared by the Department for submission to the Commission for
				consideration.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - BIDDER PREQUALIFICATION PROCEDURES FOR TRANSPORTATION PROJECTS › Section 6-1 - Authority

Current through July 13, 2024
(a) This chapter is promulgated pursuant to
				W.S.
				24-2-108, which authorizes the Transportation
				Commission of Wyoming "to determine the qualifications and responsibilities of
				bidders."
(b) The Commission shall
				interpret the rules promulgated in this chapter and shall revise them pursuant
				to the Wyoming Administrative Procedure Act, W.S. W.S.
				W.S.
				16-3-101 through W.S. W.S.
				W.S.
				16-3-115, as required.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - BIDDER PREQUALIFICATION PROCEDURES FOR TRANSPORTATION PROJECTS › Section 6-2 - General Purposes › Sub-Agency - Highway Contractors › Section 3 - Prequalification

Current through July 13, 2024
(a) All persons proposing to bid on any
					 Wyoming Department of Transportation (WYDOT) construction project shall first
					 submit a statement under oath, on a questionnaire furnished by the Department.
					 Such statements shall fully indicate the applicant's financial ability, the
					 adequacy of its plant and equipment, and its organization and past experience.
					 The statements shall also include any pertinent information necessary to assess
					 the applicant's status accurately.
(b) Applicants shall furnish, at the time of
					 submitting for prequalification, satisfactory evidence of compliance with
					 Wyoming Worker's Compensation Act (W.S.
					 27-14-101,
et seq
.) by
					 providing a current certificate of good standing or, if from out of state,
					 proof of a worker's compensation insurance policy.
(c) All financial statements shall be filed
					 with WYDOT within 15 months of the end of the applicant's fiscal year and shall
					 be submitted in one of the following ways:
(i) An unaudited financial statement, to
					 include a review or compilation:
The net worth from an unaudited financial statement, up
						to a maximum of $500,000, may be used for determining the prequalification
						rating. An unaudited financial statement shall include the opinion and
						signature of a reputable public accountant who is neither a member employee of
						the applicant's firm nor related to the owner or owners.
(ii) An audited financial statement:
The net worth from an audited financial statement,
						regardless of amount, may also be used in determining the prequalification
						rating. The audited financial statement shall bear the signature of the
						certified public accountant (CPA) actually performing the financial audit and
						the CPA's opinion and CPA registration number.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - BIDDER PREQUALIFICATION PROCEDURES FOR TRANSPORTATION PROJECTS › Section 6-2 - General Purposes › Sub-Agency - Highway Contractors › Section 4 - Prequalification Term

Current through July 13, 2024
Prequalification shall last for a 15-month period, which
						shall commence on the date of the applicant's fiscal year end. A 90-day
						extension, or another additional period approved by the prequalification
						officer, may be obtained if the applicant plans to revise its fiscal year. The
						Department shall consider the extension when it receives a notarized affidavit
						from the applicant. WYDOT shall not consider prequalification extensions for
						any other reason.
Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 6 - BIDDER PREQUALIFICATION PROCEDURES FOR TRANSPORTATION PROJECTS › Section 6-2 - General Purposes › Sub-Agency - Highway Contractors › Section 5 - Financial Worth, Assets, Liabilities, and Proof of Residence

Current through July 13, 2024
Applicants shall show that they possess sufficient net
						current assets or working capital to render it probable they can satisfactorily
						execute their contracts and meet all contractual obligations incurred. The
						applicant shall authorize the Department to obtain all information pertinent to
						the applicant's financial standing from financial institutions, surety
						companies, equipment dealers or suppliers, or any other persons having
						financial dealings with the applicant. The applicant shall authorize the
						businesses or individuals described in this section to furnish the information
						requested.