Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0016 - Lobbyist Disclosure Act › Chapter 2 - CERTIFICATION, DIRECTORY LISTING AND ESCROW › Section 2-2 - Grounds for denial of listing or removal from the Directory

Current through July 13, 2024
In addition to all other grounds for removal or denial of
				  listing in the Directory stated in the Rules, Wyo. Stat. §
									
										9-4-1202, or Wyo.
				  Stat. §§
									
										9-4-1205 through -1210, the Agency may deny
				  listing a tobacco product manufacturer, Brand, and/or brand family in the
				  Directory or may remove a tobacco product manufacturer, Brand and/or brand
				  family from the Directory, on one or more of the following grounds:
(a) The tobacco product manufacturer
				submitted an incomplete Certification or failed to provide all information
				requested to determine compliance;
(b) The tobacco product manufacturer failed
				to disclose material facts or made misrepresentations in information provided
				to the Agency;
(c) The tobacco
				product manufacturer failed to correct deficiencies in its Certification in a
				timely and thorough manner;
(d) The
				nonparticipating manufacturer failed to establish a qualified escrow
				fund;
(e) The nonparticipating
				manufacturer failed to deposit into a qualified escrow fund the amount required
				for all units sold in Wyoming in any quarter or year;
(f) Current or former nonparticipating
				manufacturer of a Brand or brand family failed to deposit into a qualified
				escrow fund the amount required for all units sold of such Brand or brand
				family in any quarter or year;
(g)
				Current or former tobacco product manufacturer of Brand or brand family failed
				to submit a complete Certification in any quarter or year;
(h) The nonparticipating manufacturer has
				underreported or over reported the number of units sold in Wyoming by ten (10)
				percent or greater;
(i) The tobacco
				product manufacturer is denied listing or removed from the directory of another
				state or territory;
(j) The
				nonparticipating manufacturer failed to fully deposit escrow when due for sales
				in another state or territory;
(k)
				The Agency's determination that the tobacco product manufacturer shares common
				management or ownership with a tobacco product manufacturer or other party that
				has failed to satisfy its legal obligations under Wyo. Stat. §
									
										9-4-1202, Wyo.
				Stat. §§
									
										9-4-1205 through -1210, or the Rules or has
				failed to satisfy its legal obligations under substantially similar laws of
				another state;
(l) The tobacco
				product manufacturer failed to Initiate Sales or Sustain Sales;
(m) The tobacco product manufacturer failed
				to submit its Certification by April 30th;
(n) The tobacco product manufacturer is not
				in full compliance with all provisions of local, state and federal law
				applicable to tobacco product manufacturers;
(o) The tobacco product manufacturer failed
				to execute sufficient waivers of sovereignty to address any Native American or
				tribal ownership interests, or any tribal jurisdiction considerations as
				required by the Agency;
(p) All
				final judgments and penalties, including interest, costs, and attorney fees
				thereon, in favor of the State of Wyoming, for violation of any Wyoming
				statute, rule or other law, including but not limited to violations of Wyo.
				Stat. §
									
										9-4-1202 or Wyo.
				Stat. §§
									
										9-4-1205 through -1210, have not been fully
				satisfied for the Brand, brand family, or the tobacco product
				manufacturer;
(q) The tobacco
				product manufacturer, predecessor or previous tobacco product manufacturer of
				the Brand or brand family is subject to an injunction by the State of Wyoming
				for failure to comply with Wyo. Stat. §
									
										9-4-1202 or Wyo.
				Stat. §§
									
										9-4-1205 through -1210;
(r) The tobacco product manufacturer failed
				to use the Agency's current Certification form or failed to submit their
				Certification electronically, if required by the Attorney General;
(s) A Brand or brand family of the tobacco
				product manufacturer is shipped to retailers in Wyoming, sold, or offered for
				sale in Wyoming during any period of time in which the Brand or brand family is
				not listed in the Directory; or
(t)
				Any other reason consistent with Wyo. Stat. §
									
										9-4-1202, Wyo.
				Stat. §§
									
										9-4-1205 through -1210 and the
				Rules.