reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority and Purpose

Current through July 13, 2024
The secretary of state is adopting these rules to promote
				  uniform administration of Wyoming Statutes as they pertain to business entity
				  filings. The secretary of state is authorized to promulgate rules pursuant
				  to:
(a)
									W.S.
				17-16-122 and W.S.
				W.S. 17-16-130:
				Wyoming Business Corporation Act;
(b)
									W.S.
				17-29-210(iv) and
				W.S.
				17-29-1102: Wyoming Limited Liability Company
				Act;
(c)
									W.S.
				17-19-122 and
				W.S. 17-19-130:
				Wyoming Nonprofit Corporation Act;
(d)
									W.S.
				17-10-203: Wyoming Processing Cooperative
				Law;
(e) W.S.
				W.S.
				17-23-117: Wyoming Statutory Trust
				Act;
(f)
									W.S. 17-14-210:
				Uniform Limited Partnership Act;
(g) W.S.
				W.S.
				17-30-106: Wyoming Statutory Foundation Act;
				and
(h)
									W.S. 17-21-108:
				Uniform Partnership Act.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Definitions

Current through July 13, 2024
(a) "Authorized" is defined as being
				officially registered with the secretary of state.
(b) "Deceptively Similar" means a proposed
				business name, trade name, trademark or service mark which is similar in
				appearance to, similar in sound to, or most pertinent words are the same as, an
				authorized trademark, trade name or service mark.
(c) "Duplicating charges" are set at the same
				rate as noted in
				W.S.
				9-1-305.
(d) "Fifteen days" means fifteen (15)
				business days.
(e) "Five days"
				means five (5) business days.
(f)
				"Forty-five days" means forty-five (45) calendar days.
(g) "Mailbox location" means any place used
				primarily to receive, store or forward mail, such as a post office box location
				or a private business with similar function.
(h) "Principal address," "principal business
				address," and "principal office address" means the primary location where
				business activities are performed and business records are kept, and is not a
				mailbox location.
(i) "Ten days"
				means ten (10) business days.
(j)
				"Twenty days" means twenty (20) calendar days.
(k) "Sixty days" means sixty (60) calendar
				days.
(l) "Written notice" means
				delivery by standard United States mail unless otherwise noted in the same
				statute or rules. The secretary of state may send notice by a more expedited or
				secure method such as priority mail, certified mail, express delivery service,
				or email.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Filing Requirements

Current through July 13, 2024
(a) Domestic and foreign business entities
				shall be in active status and in good standing before statutorily authorized
				amendments, dissolutions, mergers, withdrawals, and transfers can be filed by
				the secretary of state.
(b) The
				document shall be in the English language. The business name need not be in
				English if it is written in English alphanumeric characters and punctuation,
				Arabic or Roman numerals.
(c) The
				secretary of state may void the filing of a document as of the date of filing
				and remove it from the records if:
(i) The fee
				for the document was paid by an instrument or credit card payment that was
				dishonored when presented to the state for payment; and
(ii) The business entity fails to pay the
				fee, plus any additional processing charge authorized by law within ten (10)
				days of notice.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Filing Fees Not Established in Statute

Current through July 13, 2024
(a) Wyoming
				Business Corporation Act,
				W.S.
				17-16-101 through 17-16-1803:
All Other Amendments
$25.00
Certificates of Existence/Evidence/Good
								Standing
$20.00
Reinstatement for Tax
$25.00
Reserved Name/Transfer of Reserved
								Name
$25.00
(b)
				Wyoming Limited Liability Company Act,
				W.S.
				17-29-210:
Articles of Domestication/Articles of
								Continuance
$100.00
Certificates of Existence/Evidence/Good
								Standing
$20.00
Reinstatement Fee
$100.00
Reserved Name/Transfer of Reserved
								Name
$60.00
All Other Amendments
$60.00
(c)
				Wyoming Nonprofit Corporation Act,
				W.S.
				17-19-122:
All Other Amendments
$60.00
Certificates of Existence/Evidence/Good
								Standing
$20.00
Reinstatement for Tax
$100.00
Reserved Name/Transfer of Reserved
								Name
$60.00
(d)
				Wyoming Processing Cooperative Law,
				W.S.
				17-10-203:
Articles of Organization
$100.00
Certificate of Authority
$150.00
Certificates of Existence/Evidence/Good
								Standing
$20.00
Reinstatement for Tax
$100.00
Reinstatement for Registered Agent Plus
								Penalty
$200.00
All Other Amendments
$60.00
NOTE: Annual license tax is prescribed by W.S.
				  W.S.
				  17-16-1630.
(e) Wyoming Statutory Trust Act,
				W.S.
				17-23-101 through
				17-23-302:
Certificate of Trust/Continuance of Foreign
								Statutory Trust
$100.00
Certificate of Authority
$150.00
Certificates of Existence/Evidence/Good
								Standing
$20.00
All Other Amendments
$60.00
Reserved Name/Transfer of Reserved
								Name
$60.00
Reinstatement Fee
$100.00
(f)
				Uniform Limited Partnership Act,
				W.S.
				17-14-905
Restated Articles/Amended Articles
$60.00
Statement of Merger
$60.00
Reinstatement Fee
$100.00
(g)
				Wyoming Statutory Foundation Act,
				W.S.
				17-30-704
Cancellation/Correction/Transfer
$60.00
Reinstatement Fee
$100.00
(h)
				Uniform Partnership Act (Registered Limited Liability Partnerships), W.S.
				17-211101
Statement of Continuance
$100.00
All Other Amendments
$60.00
Reinstatement Fee
$100.00
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - Courtesy Notice to Business Entities Not Registered

Current through July 13, 2024
Whenever the secretary of state is notified that a business
				  entity, whether domestic or foreign, is transacting business without
				  appropriate registration, the secretary of state shall take action to determine
				  how long the company has been doing business without appropriate registration.
				  Notice shall be sent to the business entity as to taxes, fees, interest and
				  penalties due based on this determination. If the business entity disagrees, it
				  must notify the secretary of state within ten (10) days advising why the taxes,
				  fees, interest and penalties are not due. The secretary of state shall then
				  make a final ruling. Any final decision may be appealed to the appropriate
				  district court pursuant to the Wyoming Administrative Procedure Act. If the
				  procedure in this Section is invoked, the thirty (30) day appeal time provided
				  in Rule 12.04 of the Wyoming Rules of Appellate Procedure and the judicial
				  review addressed in
				  W.S.
				  16-3-114, does not begin to run until the
				  secretary of state issues a final decision letter.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 2 - Business Entity Names › Section 2-1 - Business Entity Names Restricted Use

Current through July 13, 2024
(a) A proposed
				business entity name, whether domestic, foreign or fictitious name, shall not
				be the same as or deceptively similar to any trade name, trademark or service
				mark registered in this state and shall be distinguishable upon the records of
				the secretary of state from other business names as provided in
				W.S.
				17-16-401 and as determined by the secretary
				of state.
(b) The use of business
				entity names shall be restricted in the following manner:
(i) No person or entity shall incorporate
				under a name using any of the terms "bank," "banker," "bancorp,"
				"bancorporation," "banc," "banque," "banquers," "banco," "banca," or similar
				words, whether in English or a foreign language, until they have fully complied
				with
				W.S.
				13-1-101 et seq., the banking laws of a
				United States jurisdiction, the federal Bank Holding Company Act of 1956 (
				12
				U.S.C. §
											1841 ), or the federal Home
				Owners' Loan Act (
				12
				U.S.C. §§
											1461 et seq.). If good
				reason is shown for the use of the words "bancorp" or "bancorporation," the
				secretary of state may, at their discretion allow the use of the word(s), e.g.,
				subsidiaries using parent company's name and parent company is
				regulated.
(ii) The secretary of
				state shall not register a business entity name including the term "trust"
				until notifying the Department of Audit and receiving written confirmation that
				the business entity is a financial institution and has complied with Title 13
				of the Wyoming Statutes. Any statutory trust name in which the word "statutory"
				does not immediately precede the word "trust" will be rejected by the secretary
				of state. A statutory trust name need not include the words "statutory
				trust."
(iii) The secretary of
				state shall not register a business entity name which implies it is a degree
				granting institution of higher learning until verifying that it is licensed by
				the Department of Education. If the Department of Education requires licensing
				and the business entity is not licensed, then the secretary of state shall
				refuse to file the documents until licensing is completed.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 2 - Business Entity Names › Section 2-2 - Name Availability for Revocation of Dissolution

Current through July 13, 2024
For profit and nonprofit entities only and as per
				  W.S.
				  17-16-1404, the secretary of state shall file
				  Articles of Revocation of Dissolution unless the corporation's name becomes
				  unavailable during the statutorily allotted time of one hundred-twenty (120)
				  days. Corporations may list an alternative name to use in the event of name
				  unavailability in Articles of Revocation of Dissolution. If the name is
				  unavailable and no alternative name is provided, the Secretary of State shall
				  give written notice to the dissolved corporation of the rejection of the
				  filing.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 2 - Business Entity Names › Section 2-3 - Procedure If Filing Is Rejected

Current through July 13, 2024
(a) If a filing
				officer rejects a proposed business entity name because it is the same as, or
				deceptively similar to a currently authorized trademark or service mark on file
				or not distinguishable upon the records of the secretary of state from a trade
				name on file, the proposed user may show proof that the user is the owner of
				that trademark, service mark or trade name and that the user proposes to use
				that mark or that trade name as the name of the business entity.
(b) If a filing officer rejects a proposed
				business entity name or an application for reservation of a business entity
				name because it is the same as, or deceptively similar to any trademark or
				service mark currently authorized or not distinguishable upon the records of
				the secretary of state from another business entity name currently authorized,
				the filing officer shall notify the applicant within fifteen (15) days after
				the filing is delivered, that the filing is rejected with a brief, written
				explanation of the reason.
(c)
				Within five (5) days of delivery of notice of rejection, the applicant may
				appeal the decision to the secretary of state. Such a request must be in
				writing and should include information as to why the appeal should be granted.
				Within five (5) days after delivery of the appeal request, the secretary of
				state shall notify the business entity which holds the currently authorized
				name that an appeal has been filed. The authorized business entity shall be
				notified that it may present information as to why the appeal should/should not
				be granted. If the authorized business entity chooses to provide information,
				it shall do so within five (5) days of delivery of notice of the appeal
				request.
(d) Within five (5) days
				after all information is to be submitted, the secretary of state shall issue a
				final decision regarding the appeal. All parties shall be notified of the
				decision by certified letter.
(e)
				This procedure shall be informal and shall not be a contested case proceeding.
				Any final decision may be appealed to the appropriate district court pursuant
				to the Wyoming Administrative Procedure Act. If the procedure in this Section
				is invoked, the thirty (30) day appeal time provided in Rule 12.04 of the
				Wyoming Rules of Appellate Procedure and the judicial review addressed in
				W.S.
				16-3-114, does not begin to run until the
				secretary of state issues a final decision letter as described in paragraph (d)
				above.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 3 - Foreign Business Entities › Section 3-1 - Reinstatements

Current through July 13, 2024
A foreign business entity reinstating after failure to pay
				  the annual fees and/or failure to maintain a registered agent, shall submit a
				  certificate of existence/evidence/good standing dated within sixty (60) days
				  prior to filing in the Secretary of State's Office.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 3 - Foreign Business Entities › Section 3-2 - Merger

Current through July 13, 2024
Whenever a foreign business entity authorized to transact
				  business in this state is party to a statutory merger permitted by the laws of
				  the state or country of formation, it shall, within thirty (30) days after a
				  merger becomes effective, file with the secretary of state:
(a) A certificate of evidence dated within
				sixty (60) days prior to filing in this office; or
(b) A copy of the merger documents, dated
				within sixty (60) days certified by the official having custody of corporate
				records in the state or country of formation.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 3 - Foreign Business Entities › Section 3-3 - Domestication of a Foreign Profit Corporation, Nonprofit Corporation, and Limited Liability Company

Current through July 13, 2024
(a) The applicant
				shall provide a certified copy of the business entity's original articles of
				incorporation/formation and all amendments certified within the last six (6)
				months by the official having custody of corporate records in the state of
				formation.
(b) The applicant shall
				provide a written consent to appointment manually signed by the registered
				agent.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 3 - Foreign Business Entities › Section 3-4 - Continuance

Current through July 13, 2024
(a) The applicant
				shall provide:
(i) A copy, either hard copy
				or via email, of the appropriate document from an official of the foreign
				jurisdiction acknowledging termination of the domicile; or
(ii) A copy of the unfiled appropriate
				documents which will be submitted to the foreign jurisdiction after the
				continuance has been processed in Wyoming.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 3 - Foreign Business Entities › Section 3-5 - Consequences of Transacting Business Without Authority

Current through July 13, 2024
(a) With the
				exception of nonprofits, any business entity conducting business in Wyoming
				without a certificate of authority for forty-five (45) days or more is subject
				to the penalty provided in
				W.S.
				17-16-1502(d).
(b) A business entity subject to the penalty
				for transacting business without authority under
				
										17-16-1502(d) shall submit
				past annual reports for every full twelve (12) months the entity transacted
				business without a certificate of authority in the state.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 4 - Annual Reports › Section 4-1 - Definitions

Current through July 13, 2024
(a) "Assessed
				value" is the taxable value of an asset subject to a Wyoming ad valorem tax as
				defined by
				W.S.
				39-11-101(a)(i) as shown on
				the annual assessment schedule prepared by the County Assessor. Generally,
				assets which have an assessed value are reported on line 10 (buildings and
				other depreciable assets) and line 12 (land) on a corporation's balance
				sheet.
(b) "Balance sheet value" is
				the end of tax year value of an asset entered on the company's balance sheet.
				Balance sheet value shall be reported as contemplated in
				W.S.
				17-16-1630 which states:
(i) "Financial information" in the annual
				report shall be current as of the end of the corporation's fiscal year
				immediately preceding the date the annual report is executed on behalf of the
				corporation.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 4 - Annual Reports › Section 4-2 - Worksheet Confidentiality

Current through July 13, 2024
(a) The worksheet
				which discloses proprietary information is not a public record under the Public
				Records Act and therefore is not disclosable to the public.
(b) The license tax paid appearing on page
				one of the secretary of state's annual report form is public record and will be
				disclosed.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 4 - Annual Reports › Section 4-3 - Due Dates

Current through July 13, 2024
(a) Annual reports
				may only be filed within one hundred-twenty (120) days of the due
				date.
(b) If a business entity
				fails to pay its annual report by the due date, it shall be deemed delinquent
				for a period of sixty (60) days, after which the entity shall be
				administratively dissolved.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 4 - Annual Reports › Section 4-4 - Revocation of Exemption from Annual Reports

Current through July 13, 2024
When the secretary of state receives notice from the banking
				  commissioner regarding a bank or savings and loan association or from the
				  insurance commissioner regarding an insurance company that the entity is no
				  longer engaged in their respective annual-report exempt business, the secretary
				  of state shall remove the entity's exemption from filing annual reports with
				  the secretary of state under
				  W.S.
				  17-16-1630 and provide notice to the affected
				  entity.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 5 - LIMITED LIABILITY COMPANY - SERIES › Section 5-2 - Series Creation, Naming, and Termination

Current through July 13, 2024
(a) Creation of
				Series
(i) The creation of any series pursuant
				to
				W.S.
				17-29-211 shall be disclosed to the Secretary
				of State in either the initial articles of organization or an amendment to the
				articles of organization within thirty (30) days of establishment of the
				series.
(ii) Any creation of series
				shall be assessed the prescribed fee for both filing the formation document or
				amendment to the formation document, whichever is applicable, and the
				prescribed fee for the establishment of each series pursuant to
				W.S.
				17-29-211(o). The fee
				prescribed in
				W.S.
				17-29-211(o) shall be
				charged regardless of any net change in the amount of series
				established.
(iii) Each series
				created under
				W.S.
				17-29-211 shall be named in accordance with
				one of the following conventions:
(A) The full
				name of the LLC followed by the word "Series" and the numeric designation of
				the series starting with "1." For example: John Doe LLC would have series named
				John Doe LLC Series 1, John Doe LLC Series 2, etc; or
(B) The full name of the LLC immediately
				followed by:
(I) A hyphen (-);
(II) The name of the series which may include
				unique descriptive words;
(III) A
				hyphen (-);
(IV) The word "Series";
				and
(V) The numeric designation of
				the series starting with "1" with each following series sequentially numbered.
				For example: John Doe LLC would have series named John Doe LLC - Tractor
				Services - Series 1, John Doe LLC - Farm Equipment - Series 2, etc.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 5 - LIMITED LIABILITY COMPANY - SERIES › Section 5-3 - Registered Agents

Current through July 13, 2024
(a) For any LLC with series created under W.
				S.
										17-29-211, a single registered agent shall be
				appointed for the LLC and all series.
(b) No LLC series created under W.S.
				W.S.
				17-29-211 or any other subdivision of a
				business entity shall serve as a registered agent.
(c) For any LLC with one or more designated
				series, a registered agent shall maintain the following information:
(i) A list of all of the LLC's
				series;
(ii) The names and
				addresses of each of the series' members, directors, officers, limited
				liability company managers, managing partners or persons serving in a similar
				capacity; and
(iii) The name,
				physical address and business telephone number of a natural person for each
				series who is authorized to receive communications from the registered
				agent.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 5 - LIMITED LIABILITY COMPANY - SERIES › Section 5-4 - Filing Procedures

Current through July 13, 2024
(a) Formation of LLC - Election of Series
(i) Domestic
(A) If a domestic LLC intends to be a Series
				LLC, it shall elect to be either "series" or "series and close" upon
				formation.
(B) The election shall
				occur whether the formation occurs online or via paper filing.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0024 - Business Entities › Chapter 5 - LIMITED LIABILITY COMPANY - SERIES › Section 5-5 - Certificates of Good Standing

Current through July 13, 2024
(a) Certificates of good standing may be
				issued on the filed limited liability company and an individually named series
				for a fee of $10.00.
(b) A request
				for certificates of good standing for multiple named series shall be
				accompanied by a form as prescribed by the Office and a fee of $10.00 per
				individually named series.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0025 - Bucking Horse and Rider › Chapter 1 - BUCKING HORSE AND RIDER › Section 1-1 - Authority

Current through July 13, 2024
The Secretary of State has authority to promulgate rules
				  regulating the licensing and use of the Bucking Horse and Rider under
				  W.S.
				  8-3-117(a).
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0025 - Bucking Horse and Rider › Chapter 1 - BUCKING HORSE AND RIDER › Section 1-2 - Definitions

Current through July 13, 2024
(a) "Commercial"
				means any person or entity creating merchandise for sale or distribution
				resulting in a retail exchange of goods.
(b) "Counterfeit" means unauthorized use
				and/or reproduction of the mark.
(c) "Derivative" means a modification of the
				Bucking Horse and Rider Trademark where elements are modified or changed and/or
				where an element of the design, either the bucking horse or the rider, is used
				alone or in conjunction with another design element.
(d) "Infringement" means the unauthorized use
				of the Bucking Horse and Rider on, or in connection with, goods and/or services
				in a manner that is likely to cause confusion, deception, or mistake about the
				source of the goods and/or services.
(d) "Mark" means the Bucking Horse and Rider
				trademark as illustrated below, with or without the trademark symbol, as
				registered with the United States Patent and Trademark Office. The mark
				consists of two distinct design elements, the bucking horse and the
				rider.
(e) "Non-Commercial" means
				using the mark on signage, websites, letterhead, envelopes, business cards,
				social media or similar use that does not result in a retail exchange of goods.
				This type of use is also known as "organizational use."
(f) "State of Wyoming" means Wyoming
				government including the executive, legislative and judicial branches of
				government, the University of Wyoming and any department, division, agency,
				board, commission or other instrumentalities of those branches.
(g) "Local Government" means any county or
				municipality located in the State of Wyoming.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0025 - Bucking Horse and Rider › Chapter 1 - BUCKING HORSE AND RIDER › Section 1-3 - Protection Through Licensure

Current through July 13, 2024
(a) The mark is
				protected through licensing agreements for its use. Licensing agreements shall
				be in place for all use whether Organizational Use or Product Licensing Use as
				described below. Licensing information and forms may be obtained through
https://gowyo.com/feature/Trademark
.
(i) Organizational Licensing Use: Any active
				registered business entity or tradename with a physical presence in the State
				of Wyoming may, through an Organizational Use Licensing Agreement, use the mark
				in a non-commercial manner. Entities are permitted limited, non-exclusive
				access to the mark to show their connection with the State of Wyoming and its
				history and tradition.
(A) Use of this nature
				also, in some instances, means that the mark has been incorporated into a logo
				or design element. No entity subject to an organizational license shall file a
				state or federal trademark that incorporates the mark as a part of the design
				under Section
				5(a)(i).
(B) If an entity subject to an organizational
				license purchases promotional products, signs, letterhead, etc. that displays
				the mark, for non-commercial use, it may do so as long as the products are
				obtained from vendors subject to a product license as described in paragraph
				(a)(ii) of this section.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0025 - Bucking Horse and Rider › Chapter 1 - BUCKING HORSE AND RIDER › Section 1-4 - Prohibited Uses

Current through July 13, 2024
(a) The use of the
				mark is prohibited in:
(i) Political
				campaigns;
(ii) Wording that
				implies or declares endorsement by the State of Wyoming; and/or
(iii) Defamation of a person, entity,
				product, service or property.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0025 - Bucking Horse and Rider › Chapter 1 - BUCKING HORSE AND RIDER › Section 1-5 - Infringement

Current through July 13, 2024
(a) No person or
				entity may:
(i) Register a trademark that
				includes the mark, in whole or in part, at either the State or Federal filing
				office per
				W.S.
				40-1-102(a)(vi).
(ii) Create a derivative mark that would
				cause dilution. Examples of a derivative mark include, but are not limited to:
(A) A mark that contains solely the bucking
				horse or solely the rider;
(B) A
				mark that consists of the identical BH&R plus the addition of any
				features;
(C) A mark that contains
				a majority of the BH&R minus a small feature, i.e. the hat or bridle is not
				present;
(D) A mark that contains a
				majority of the BH&R but the orientation or an element of the rider, the
				horse's mane or tail, or the horse's legs are different.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0025 - Bucking Horse and Rider › Chapter 1 - BUCKING HORSE AND RIDER › Section 1-7 - Sponsorship

Current through July 13, 2024
(a) The State of
				Wyoming, Secretary of State's Office has the sole authority to enter into
				sponsorship activities with the mark.
(b) The exception is for those
				contracts/agreements that are in place as of the effective date of these rules.
				Those contracts/agreements shall remain in effect with no additional memorandum
				required. Any amendments or extensions of agreements will require a Memorandum
				of Understanding with the State of Wyoming, Secretary of State's
				Office.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0026 - Digital Assets › Chapter 1 - DIGITAL ASSET REGISTRATION › Section 1-1 - Authority and Purpose

Current through July 13, 2024
The Secretary of State is adopting these rules to promote
				  uniform administration of Wyoming Statutes as they pertain to registration of
				  digital assets. The Secretary of State is authorized to promulgate these rules
				  pursuant to
				  W.S.
				  34-29-209.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0026 - Digital Assets › Chapter 1 - DIGITAL ASSET REGISTRATION › Section 1-2 - Definitions

Current through July 13, 2024
(a) "Digital Asset
				Address" means a unique location on a distributed ledger which records control
				or possession of one or more digital assets. Digital Asset Addresses commonly
				allow the receipt and sending of digital assets through some combination of
				transaction signing, propagation, and verification by a Distributed Ledger,
				typically through the use of Public Key Cryptography.
(b) "Distributed Ledger" (otherwise referred
				to as "Distributed Ledger Technology") means a system to record ownership and
				transfer of digital assets through the use of replicated, shared, and
				synchronized digital data which is spread, or distributed, across a plurality
				of sites which are usually geographically distinct. The veracity and fidelity
				of the Distributed Ledger is maintained through the application of a consensus
				mechanism. A Blockchain is an example of a Distributed Ledger, with Bitcoin
				(BTC) and Ethereum (ETH) being representative examples of
				Blockchains.
(c) A "Cryptographic
				Signature" (otherwise referred to as a "Digital Signature") is the result of a
				cryptographic algorithm, applied to a Digital Asset, document, or record, which
				can verify the authenticity, integrity, origin, date, control, and/or other
				provenance characteristics of the digital document, record, or asset.
(i) A Cryptographic Signature does not verify
				the accuracy of the contents of the digital asset.
(ii) For the purposes of W.S. §
										34-29-202(b), a
				Cryptographic Signature of a digital asset's registration will be considered
				associated with that digital asset if that signature pertains to the digital
				asset and includes, at a minimum, the Digital asset's identifying information
				as part of the signature, or is otherwise derived from that Digital
				Asset.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0026 - Digital Assets › Chapter 1 - DIGITAL ASSET REGISTRATION › Section 1-3 - Requirements for Registration

Current through July 13, 2024
(a) Form of
				Application.
(i) To be considered valid for
				filing, all applications for registration of a digital asset pursuant to W.S.
				§
										34-29-201
et seq.
shall be electronically submitted to the Secretary of State in digital
				form.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 1 - General Provisions › Section 1-3 - Chair

Current through July 13, 2024
(a) The Chair shall preside at all meetings
				of the Commission. The Chair shall appoint all committees and perform such
				duties as the statute, rule or the Commission specifies.
(b) In the absence of the Chair at any
				meeting of the Commission, the Vice-Chair shall serve as Acting Chair of the
				meeting. If both the Chair and Vice-Chair are absent or otherwise unable to
				preside over the meeting or perform a specified duty, the Chair shall designate
				a commissioner to serve as Acting Chair for the meeting or task.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 1 - General Provisions › Section 1-4 - Secretary; Minutes; Books and Records

Current through July 13, 2024
(a) The
				Administrator of the School Facilities Division shall function as Secretary to
				the Commission, and the Department shall administratively implement the
				Commission's rules. The Secretary for the Commission shall conduct and care for
				all the correspondence of the Commission and keep and maintain the minutes of
				all the meetings of the Commission and the books and records of the Commission.
				The Secretary shall provide notice of the time and place of all meetings of the
				Commission, including an agenda of items to be discussed, to each
				Commissioner.
(b) All orders and
				final decisions of the Commission, the minutes of all its sessions, meetings
				and proceedings, and the Commission's rules shall be kept by the Secretary for
				permanent public record and shall be open for public inspection at the office
				of the Department, listed on the Department's website. The Secretary may
				certify to the correctness of any copies of such documents.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 1 - General Provisions › Section 1-5 - Meetings

Current through July 13, 2024
(a) The Commission shall meet at least
				quarterly and at other times as necessary to transact its business.
(i) The Commission shall adopt by resolution
				a regular meeting schedule for each year.
(ii) When necessary, the Secretary may, in
				consultation with the Chairman, cancel regular meetings by providing individual
				notice to each Commissioner and providing public notice in accordance with W.S.
				§
										16-4-404.
(iii) The Commission may call special
				meetings as necessary, in accordance with W.S. §
										16-4-404(b).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 1 - General Provisions › Section 1-6 - Order of Business; Agendas

Current through July 13, 2024
(a) An agenda shall
				be prepared by the Secretary and approved by the Chair. The agenda shall set
				forth the matters scheduled to come before the Commission at the meeting and
				indicate for each matter whether it requires action to be taken by the
				Commission at the meeting. Before each meeting of the Commission, the Secretary
				shall circulate to all Commissioners the agenda so prepared by the Secretary
				and approved by the Chair.
(b) Any
				Commission member may direct the Secretary to include an agenda item for the
				Commission's consideration.
(c)
				Other than for purposes of public comment, persons desiring to have a matter
				brought before the Commission shall make their requests through the Department.
				Department staff shall work with the Secretary and the persons making the
				request to determine how and when it is appropriate that the matter be
				presented to the Commission. The Secretary shall consult with the chairman of
				the Commission when making this determination.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 1 - General Provisions › Section 1-7 - Recusal

Current through July 13, 2024
(a) A Commissioner shall recuse himself from
				all proceedings relating to a matter if he or she has a personal or private
				interest in the matter. The Commissioner shall recuse him or herself by serving
				a written or verbal notice of recusal upon the Chair, who shall notify all
				other Commissioners and any parties involved in the matter. On and after the
				date of recusal, the recused Commissioner shall not participate in any
				deliberations, decisions or other actions of the Commission relating to the
				matter.
(b) A recused Commissioner
				may attend hearings and other proceedings related to a recused matter as a
				member of the public. The Commissioner may also attend any Commission meeting
				at which topics relating to the matter arise and participate in the
				deliberations, decisions and other actions of the Commission on topics
				unrelated to the matter upon which recusal has occurred.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 1 - General Provisions › Section 1-8 - Signing of Contracts

Current through July 13, 2024
Contracts, agreements, memoranda of understandings and other
				  documents of the Commission may be signed by the Chair, or by a designee of the
				  chair. The Secretary shall sign only those contracts, agreements, memoranda of
				  understanding or other documents of the Commission for which the Commission has
				  delegated its authority to the Secretary. The Secretary may further designate a
				  member of the staff to sign on his or her behalf.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 1 - General Provisions › Section 1-9 - Public Records Practices

Current through July 13, 2024
(a) All requests for
				public records from the Commission shall be in writing and processed according
				to this Section. For purposes of the Wyoming Public Records Act, the Secretary
				is the custodian of all public records of the Commission.
(b) The Commission incorporates by reference
				the following uniform rule:
(i) Chapter 2 -
				Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and
				Producing Public Records
,
adopted by the Department of
				Administration and Information and effective on September 6, 2016, found at:
				https//rules.wyo.gov;
(ii) The
				Commission has determined that incorporation of the full text in this rule
				would be cumbersome or inefficient given the length or nature of the
				rule;
(iii) The incorporation by
				reference does not include any later amendments or edition of the incorporated
				matter beyond the applicable date identified in subsection (b)(i);
				and
(iv) The incorporated rule is
				maintained at the Department's Cheyenne office and is available for public
				inspection and copying at cost at the same location.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 2 - Rules of Practice and Procedure for Contested Case Proceedings; Exception Requests › Section 2-1 - Authority

Current through July 13, 2024
This Chapter is promulgated by the Commission under the
				  authority of Wyoming Statutes16-3-102(a)(i),
				  16-3-102(d),
				  21-15-114(a)(xv),
				  21-15-116(e) and
				  21-15-116(f).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 2 - Rules of Practice and Procedure for Contested Case Proceedings; Exception Requests › Section 2-2 - Application of Rules

Current through July 13, 2024
This Chapter shall apply to district requests for exceptions
				  from the Commission, contested case proceedings brought before the Commission,
				  and informal reviews authorized by Wyoming Statutes and these Rules that are
				  brought before the Department by a district.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 2 - Rules of Practice and Procedure for Contested Case Proceedings; Exception Requests › Section 2-3 - Exception Requests

Current through July 13, 2024
(a) The Commission
				may grant exceptions on a case-by-case basis to the following:
(i) Building capacity based on a most cost
				effective remedy study;
(ii) Budget
				recommendations;
(iii) Allowable
				square footage calculator;
(iv) A
				determination of the Department rejecting a request to use a
				non-Commission-approved contract as described in Chapter 9 Section
				7(a)(ii);
(v) A determination of the Department
				rejecting a request for a value engineering waiver as described in Chapter 9
				Section 8(a)(i);
(vi) Specific requirements of the Design
				Standards and Guidelines; and
(vii)
				A building's CRV, for use in the calculation of its FCI. Upon request of a
				district, the Commission may direct the Department to calculate a building's
				CRV using the maximum allowable square footage based on the higher of the
				District's current or eight-year projected enrollment.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 2 - Rules of Practice and Procedure for Contested Case Proceedings; Exception Requests › Section 2-4 - Informal Review Proceedings

Current through July 13, 2024
(a) When challenging
				a decision of the Department, or a most cost-effective remedy recommendation as
				set forth in Chapter 8 §
									5 of these Rules, Districts shall request an
				informal review before the Department Director before pursuing a contested case
				proceeding. Challenges to the Department's recommended most cost-effective
				remedy shall be in accordance with this Section of this Chapter and Chapter 8
				§
									5.
(b) A district requesting an informal review
				shall do so, in writing, to the Director of the Department within thirty (30)
				days of the date of the administrative decision at issue. The request shall
				contain:
(i) The decision of the Department
				the district would like reviewed;
(ii) An explanation of why the decision
				should be reviewed;
(iii) Any
				additional facts the district would like to be considered; and
(iv) The legal authority upon which it is
				believed a decision was made in error.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 2 - Rules of Practice and Procedure for Contested Case Proceedings; Exception Requests › Section 2-5 - Contested Case Proceedings

Current through July 13, 2024
(a) Applicability.
				This Section shall apply to requests for a contested case proceeding as
				provided in §
									4(e) of this Chapter. This
				Section shall not apply to challenges to the Department's recommended most
				cost-effective remedy, which shall be conducted in accordance with Chapter 8
				§
									5.
(b) A district aggrieved by a final
				administrative action taken by the Department after an informal review
				conducted under Section
				4 of this chapter may file a request for a
				contested case proceeding within forty-five (45) days of the date of the final
				administrative decision at issue, or of the date of mailing of the final
				administrative decision as evidenced by a postmark, whichever is later. The
				request shall be in accordance with the provisions contained in this
				Section.
(c) To initiate a
				contested case proceeding, a district shall prepare and file with the
				Commission a request which includes the following:
(i) The name, telephone number, email, and
				mailing address of the district and the same information for the representing
				attorney, if applicable;
(ii) A
				statement, in ordinary and concise language, of the facts and of the errors
				alleged to have been committed and issues upon which the request is based,
				including particular references to statutory sections, contract provisions or
				rules, regulations, policies, and orders involved;
(iii) A copy of the Director's decision and
				relevant material which relates to the decision at issue;
(iv) The specific relief sought;
				and
(v) The signature of the
				district and the representing attorney, if applicable.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 2 - Rules of Practice and Procedure for Contested Case Proceedings; Exception Requests › Section 2-6 - Incorporation by Reference

Current through July 13, 2024
The Commission incorporates by reference the following
				  uniform rule:
(a) Chapter 2 - Contested
				Case Proceedings adopted by the Office of Administrative Hearings and effective
				on July 20, 2017, found at
https://rules.wyo.gov
;
(i) The Commission has determined that
				incorporation of the full text in this rule would be cumbersome or inefficient
				given the length or nature of the rule;
(ii) The incorporation by reference does not
				include any later amendments or edition of the incorporated matter beyond the
				applicable date identified in subsection (a) of this section; and
(iii) The incorporated rule is maintained at
				the Department office and is available for public inspection and copying at
				cost at the same location.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 2 - Rules of Practice and Procedure for Contested Case Proceedings; Exception Requests › Section 2-7 - Final Decision

Current through July 13, 2024
At the request of the Commission, the hearing officer shall
				  make a recommended decision to the Commission. The Commission shall issue the
				  final decision, which shall constitute final agency action.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-2 - Applicability

Current through July 13, 2024
This Chapter applies to all buildings and facilities subject
				  to the Commission's rules and regulations. The Wyoming statewide adequacy
				  standards establish uniform statewide standards for the adequacy of school
				  buildings and facilities necessary for providing educational programs
				  prescribed by law for the public schools.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-3 - Safety of the Educational Environment

Current through July 13, 2024
School buildings shall be in compliance with federal, state
				  and local building and fire codes and laws that are applicable to the
				  particular building. Code compliance includes the completion of system
				  improvements or site improvements that are mandated in writing by an authority
				  having jurisdiction for the continued use of a school building or facility.
				  School buildings shall comply with all lawful environmental regulations
				  promulgated by the Wyoming Department of Environmental Quality, the Wyoming
				  Environmental Quality Council, the federal Environmental Protection Agency, and
				  any other governmental entity with jurisdiction over the building. An existing
				  school building may be deemed adequate with respect to this provision if it
				  complies with the International Existing Building Code.