reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 251 - Veterinary Medicine, Board of › Sub-Agency 0001 - Veterinary Medicine, Board of › Chapter 15 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION, AND LICENSURE MATTERS › Section 15-11 - Notice of Hearing

Current through July 13, 2024
(a) Upon receipt of a written request for
				hearing from an applicant or the commencement of formal proceedings for
				disciplinary action against a licensee, the Board shall conduct a hearing. The
				Board shall serve a Notice of Hearing on the applicant or licensee at least
				thirty (30) days prior to the hearing.
(b) Notice of Hearing. The notice of hearing
				shall contain:
(i) The name and last known
				address of the licensee;
(ii) A
				brief statement of the matters asserted:
(A)
				In application matters, the recommendation, the facts upon which the
				recommendation is based, and the statutory provisions or Board Rules the
				applicant is alleged to have violated; or
(B) In disciplinary matters, the nature of
				the Petition and Compliant, the facts upon which the Petition is based, and the
				statutory provisions or Board Rules the licensee is alleged to have
				violated;
(iii) The
				time, place, and nature of the hearing;
(iv) The legal authority and jurisdiction;
				and
(v) A statement indicating that
				failure to respond to the petition within twenty (20) days of its receipt may
				result in a default judgment.
Wyoming Administrative Code › Agency 251 - Veterinary Medicine, Board of › Sub-Agency 0001 - Veterinary Medicine, Board of › Chapter 15 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION, AND LICENSURE MATTERS › Section 15-12 - Lawful Service

Current through July 13, 2024
There shall be a presumption of lawful service of a petition,
				  notice of hearing, or any other communication required by these Board Rules if
				  sent to the last known address of the licensee or applicant by regular
				  mail.
Wyoming Administrative Code › Agency 251 - Veterinary Medicine, Board of › Sub-Agency 0001 - Veterinary Medicine, Board of › Chapter 15 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION, AND LICENSURE MATTERS › Section 15-13 - Dismissal or Default

Current through July 13, 2024
(a) The Board may dismiss an application
				where the applicant or the applicant's representative has not requested a
				hearing or appeared at a noticed hearing.
(b) The Board may enter an order of default
				judgment based on the allegations contained in the Petition in any case where
				the licensee or the licensee's representative has not answered the allegations
				contained in the Petition and has not appeared at a noticed hearing.
Wyoming Administrative Code › Agency 251 - Veterinary Medicine, Board of › Sub-Agency 0001 - Veterinary Medicine, Board of › Chapter 15 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION, AND LICENSURE MATTERS › Section 15-14 - Contested Case

Current through July 13, 2024
The hearing officer shall preside over the formal contested
				  case hearing which shall be conducted pursuant to the Wyoming Administrative
				  Procedure Act and the Office of Administrative Hearings rules concerning
				  contested case proceedings as referenced in Chapter 1
Wyoming Administrative Code › Agency 251 - Veterinary Medicine, Board of › Sub-Agency 0001 - Veterinary Medicine, Board of › Chapter 15 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION, AND LICENSURE MATTERS › Section 15-15 - Burden and Standard of Proof

Current through July 13, 2024
(a) Application Matters. The applicant shall
				bear the burden to prove by a preponderance of the evidence that they meet the
				qualifications for licensure. The burden shall shift to the ARC to prove by
				clear and convincing evidence that the applicant should be denied a license.
				The burden shall shift back to the applicant to persuade the Board that the
				ARC's grounds for denial or issuance of a license subject to conditions or
				restrictions are insufficient.
(b)
				Petition for Modification Matters. The licensee shall bear the burden to prove
				by a preponderance of evidence that the petition for modification of conditions
				should be granted.
(c) Disciplinary
				Matters. The DC shall bear the burden to prove by clear and convincing evidence
				that the licensee violated the Act, Boar Rules, or both.
Wyoming Administrative Code › Agency 251 - Veterinary Medicine, Board of › Sub-Agency 0001 - Veterinary Medicine, Board of › Chapter 15 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION, AND LICENSURE MATTERS › Section 15-16 - Board Decision and Order

Current through July 13, 2024
(a) Board Action. The Board may resolve a
				complaint by:
(i) Approving the
				recommendations of the DC or ARC;
(ii) Ruling in favor of a party on a
				dispositive motion;
(iii)
				Conducting a contested case hearing. Following the hearing and deliberation of
				all evidence admitted at a contested case hearing, the Board may:
(A) Issue, renew, relicense, or reinstate a
				license;
(B) Issue, renew,
				relicense, or reinstate a license with conditions, restrictions, or other
				disciplinary action;
(C) Deny a
				license, renewal, reactivation, or reinstatement.
(D) Approve or deny a petition;
(E) Dismiss the complaint or
				Petition;
(F) Dismiss the complaint
				or Petition with an advisory letter; or
(G) Impose a reprimand, conditions,
				restrictions, suspension, revocation, other discipline, or a combination
				thereof.
Wyoming Administrative Code › Agency 251 - Veterinary Medicine, Board of › Sub-Agency 0001 - Veterinary Medicine, Board of › Chapter 15 - PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION, AND LICENSURE MATTERS › Section 15-17 - Appeals

Current through July 13, 2024
(a) Appeals from decisions of the Board are
				governed by the Wyoming Administrative Procedure Act and the Wyoming Rules of
				Appellate Procedure.
(b) Costs of
				transcripts and any reasonable costs assessed by the Board regarding the record
				on appeal shall be borne by the party making the appeal.
Wyoming Administrative Code › Agency 251 - Veterinary Medicine, Board of › Sub-Agency 0001 - Veterinary Medicine, Board of › Chapter 16 - PRINCIPLES OF VETERINARY MEDICAL ETHICS OF THE BOARD › Section 16-1 - Introduction

Current through July 13, 2024
Veterinarians are members of a scholarly profession who have
				  earned academic degrees from comprehensive universities or similar educational
				  institutions. Licensed veterinarians practice veterinary medicine in a variety
				  of situations and circumstances. Exemplary professional conduct upholds the
				  dignity of the veterinary profession. All veterinarians are expected to adhere
				  to the Wyoming code of ethical conduct comprised of the following
				  principles.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
The promulgation of these rules is authorized by Wyoming
				  Statutes §§
									
										41-2-118, 41-2-119, and 41-2-124.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Definitions

Current through July 13, 2024
The following definitions shall apply to these rules:
(a) "Commission" means the Wyoming Water
				Development Commission.
(b) "Chair"
				means the duly elected chair of the Wyoming Water Development
				Commission.
(c) "Director" means
				the director of the Wyoming Water Development Office.
(d) "EWP Sponsor" means a political
				subdivision that owns or has the legal responsibility to operate or maintain
				irrigation infrastructure. EWP refers to emergency water projects.
(e) "Irrigation infrastructure" shall have
				the meaning provided in Wyoming Statute §
									
										41-2-124(k).
(f) "Office" means the Wyoming Water
				Development Office.
(g) "Program"
				means the Wyoming Water Development Program.
(h) "Secretary" means the duly elected
				secretary of the Wyoming Water Development Commission.
(i) "Sponsor" means an organized public
				entity consisting of the project beneficiaries, including but not limited to:
				legal subdivisions of the State of Wyoming, irrigation districts, drainage
				districts, conservation districts, water conservancy districts, public
				irrigation and power districts, watershed improvement districts, improvement
				and service districts, water districts, water and sewer districts, joint powers
				boards, any public corporation legally organized for the purposes of the
				conservation, distribution or utilization of water or soil, a joint business
				council of the Eastern Shoshone and Northern Arapaho Indian tribes, the
				business council of the Eastern Shoshone Indian tribe and the business council
				of the Northern Arapaho Indian tribe. This definition of "Sponsor" shall not
				apply to Chapter 9 of these rules governing emergency water projects.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - MEETINGS › Section 2-1 - Meetings

Current through July 13, 2024
Meetings may be conducted through electronic means. Meetings
				  shall be called by the Chair, after consultation and coordination with the
				  Director and other members of the Commission, or by a majority of members of
				  the Commission, or at the direction of the Governor. In addition to these
				  persons, the Director may also call meetings to consider emergency water
				  projects.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - ADMINISTRATION › Section 3-1 - Director

Current through July 13, 2024
The Director serves at the pleasure of the Governor, is the
				  chief executive officer to the Commission, administers the organization and
				  operation of the Office staff, and carries out the programs of the Commission
				  in its policies and at its meetings.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - ADMINISTRATION › Section 3-2 - Signing of Contracts

Current through July 13, 2024
All contracts, agreements, memorandums of understanding, or
				  other documents of the Commission shall be signed by the Chair and attested by
				  the Secretary when authorized by the Commission, except that the Vice-Chair
				  shall sign if the Chair is not available and an Acting Secretary may sign if
				  the Secretary is not available. The Director, his designee, or other members of
				  the Commission may sign contracts if so authorized by the Commission.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 4 - PUBLIC HEARINGS › Section 4-1 - Holding of Hearings

Current through July 13, 2024
Public hearings shall be held by the Commission, for any of
				  the purposes provided in Wyoming Statutes §§
									
										41-2-114(b)(iii) and
				  41-2-115(a).
				  Nothing contained in these rules shall be construed as prohibiting the
				  Commission or the Director from holding informational meetings, public
				  workshops, or additional public hearings as authorized by statute, upon notice
				  to the Commission.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 4 - PUBLIC HEARINGS › Section 4-2 - Membership Present at Hearings

Current through July 13, 2024
Any Commissioner present at a hearing may serve as the
				  presiding officer at such hearing. The Director, or his designee, shall serve
				  as the presiding officer if no Commissioners are present. The Director, or his
				  designee, shall attend each hearing.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PUBLIC RECORDS REQUESTS › Section 5-1 - Incorporation by Reference

Current through July 13, 2024
The Commission hereby incorporates by reference: Chapter 2 of
				  the Department of Administration and Information Rule and Regulations: Uniform
				  Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing
				  Public Records. This incorporation by reference does not include any later
				  amendments or editions of the incorporated rule beyond September 6, 2016. The
				  Commission has determined that incorporation of the full text in these rules
				  would be cumbersome and inefficient given the length and nature of the rules.
				  The incorporated rule is maintained at 6920 Yellowtail Road, Cheyenne, WY 82002
				  and is available for public inspection and copying in accordance with this rule
				  at the same location. The incorporated material is available on the
				  Commission's website:
http://wwdc.state.wy.us/
.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PUBLIC RECORDS REQUESTS › Section 5-2 - Custody and Control of Public Records

Current through July 13, 2024
All inspections, copies, printouts or photographs of the
				  public records of the Commission shall be made while the records are in the
				  possession, custody and control of the Director or his
				  designee.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - PUBLIC RECORDS REQUESTS › Section 5-3 - Fees and Charges

Current through July 13, 2024
(a) When practical
				copies shall be made by Commission staff at the Commission's office. The
				following fees and charges shall apply for copies made by Commission staff at
				the Commission's office:
Photocopy
				  Charges........................................$0.50 per page for the first 10
				  pages and $0.25 per page for each addition page. The minimum charge for
				  photocopies is $3.00
Employee Time...................................Employee time
				  shall be assessed at $15.00 per hour for clerical time and $30.00 per hour for
				  professional time
Electronic Format Costs of producing a copy, costs of
				  constructing the record, including costs of programming and computer service
				  shall be assessed at $40.00 per hour. If the request requires the use of other
				  agencies' personnel, the requestor shall also pay the costs billed to the
				  Commission from the outside agency.
(b) If it is impractical or the Commission
				does not have the staff or facilities available for making copies, printouts or
				photographs of the requested public records, the Director or his designee shall
				make arrangements for copies to be made by a commercial vendor. If a commercial
				vendor is used, the cost of providing copies as well as agency employee time
				shall be paid by the person desiring the copies, printouts or photographs of
				the records.
(c) Postage and
				handling, if necessary, will be assessed at the cost of the postage and mail
				cartons or packages.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 6 - GROUNDWATER EXPLORATION GRANTS › Section 6-3 - Application Format

Current through July 13, 2024
(a) Part 1 -
				Statement of Problem. Applicant must demonstrate to the satisfaction of the
				Commission that additional sources of water are needed.
(b) Part 2 - Project Plan. Applicant must
				prepare and submit a specific and detailed plan of how funds will be spent if
				awarded. The plan shall include, but is not limited to:
(i) A detailed advance hydro-geologic
				feasibility study of the area where exploration is anticipated. If such a study
				is not available, then the costs of obtaining such a study must be included in
				the project budget.
(ii) A
				description of the intended exploration project.
(iii) A line item budget.
(iv) Required permits from State and/or
				Federal agencies to complete exploration.
(v) A statement of intent that the project
				work shall:
(A) Be supervised by a
				professional geologist (P.G.) licensed in the State of Wyoming.
(B) Conform to the State Water Well Minimum
				Construction Standards of the Wyoming State Engineer's Office; and the Water
				Quality Rules and Regulations of the Wyoming Department of Environmental
				Quality.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - WYOMING WATER DEVELOPMENT PROGRAM › Section 7-1 - Purpose

Current through July 13, 2024
The purpose of Chapter 7 is to implement the Wyoming Water
				  Development Program. The Program provides funding to Sponsors for the planning,
				  design, and construction of water infrastructure projects necessary for the
				  optimal development of the State's water resources.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - WYOMING WATER DEVELOPMENT PROGRAM › Section 7-2 - Eligible Applicants

Current through July 13, 2024
Eligible applicants shall meet the definition of a Sponsor as
				  defined in these rules, with the exception of Level I Reconnaissance studies in
				  the New Development and Rehabilitation Program, and up to Level II, Phase III
				  studies in the Dam and Reservoir Program. For said studies, the Commission may
				  consider applications from Applicants that do not meet the definition of a
				  Sponsor at the time of application, but who intend to qualify as a Sponsor by
				  the completion of the Level I Reconnaissance study in the New Development and
				  Rehabilitation Program or Level II, Phase III study for the Dam and Reservoir
				  Program. Exceptions to this section shall be approved by the Commission on a
				  case by case basis.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - WYOMING WATER DEVELOPMENT PROGRAM › Section 7-3 - Application Procedures

Current through July 13, 2024
The Commission shall consider Program applications using the
				  following process:
(a) New project
				applications shall include:
(i) A detailed
				description of the project;
(ii) A
				detailed description of any existing water systems;
(iii) A list of the applicant's past projects
				funded by the Commission, including date of completion;
(iv) Proposed project start date; if project
				is not "shovel ready," include additional steps that need to be taken before
				project can start and proposed time table;
(v) Financial capabilities of the Applicant,
				including the annual budget for operation, maintenance, and replacement of the
				water supply system; the existing balance in any emergency funds and sinking
				funds for the water supply system; water rates, tap fees, and other revenue
				sources; and the amount of funding obtained from other revenues for operation,
				maintenance and replacement of the water supply system; and
(vi) A certified original of a resolution in
				support of the project passed by the governing body of the Applicants, or for
				Applicants who do not meet the definition of a Sponsor at the time of
				application shall provide evidence of support for the applications by providing
				letters or petitions from interested water users.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - WYOMING WATER DEVELOPMENT PROGRAM › Section 7-4 - Application Fees

Current through July 13, 2024
An initial application fee of one thousand dollars ($1000.00)
				  shall be submitted with each new project application. The application fee may
				  be waived on a case by case basis. If the Commission denies the application,
				  seventy-five percent (75%) of the fee shall be refunded to the
				  Applicant.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - WYOMING WATER DEVELOPMENT PROGRAM › Section 7-5 - General Program Emphasis

Current through July 13, 2024
(a) Emphasizing
				multi-purpose water projects for maximum benefit and cost allocation;
(b) Maximizing the use of all existing
				information, data, reports and other materials in the execution of
				studies;
(c) Developing
				unappropriated water;
(d)
				Developing new storage capacity;
(e) Developing hydroelectric power;
				and
(f) Utilizing water not
				currently being beneficially used in Wyoming.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - WYOMING WATER DEVELOPMENT PROGRAM › Section 7-6 - Evaluation

Current through July 13, 2024
The Commission shall evaluate applications by considering the
				  following:
(a) Information submitted in
				the project application;
(b)
				Whether the Applicant is current on all repayment obligations to the
				State;
(c) General program
				emphasis; and
(d) Whether the
				Applicant completed the most recent Commission public water system survey or
				irrigation system survey.
(e) For
				construction projects, the Commission shall consider the following additional
				factors:
(i) Whether the Applicant completed
				the necessary level of planning studies to adequately define the project scope,
				assess feasibility, evaluate alternatives, and determine probable
				costs;
(ii) Whether the Applicant
				presented an adequate financial plan to fund the project;
(iii) Whether the Applicant is prepared to
				establish an adequate operations and maintenance account;
(iv) Whether the Applicant is ready to
				proceed with construction, implementation, and operations; and
(v) Whether the Applicant is prepared to
				operate and maintain the project.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - WYOMING WATER DEVELOPMENT PROGRAM › Section 7-7 - Commission Recommendations

Current through July 13, 2024
Upon receipt of an application, the Director and the Office
				  shall review each application and develop preliminary recommendations to be
				  considered by the Commission. A copy of all original applications will be
				  provided to the Commission. Prior to selecting projects for inclusion in the
				  Program and making recommendations to the Legislature, the Commission shall
				  allow for comments from the Applicant, and receive the preliminary
				  recommendations of the Director. After considering each application, the
				  Commission shall vote on whether to include a project in the Program and either
				  adopt, amend, or reject the Director's preliminary recommendations.
				  Recommendations to the Legislature shall be made by placing Commission approved
				  projects into one of the two draft Omnibus Water Bills (planning or
				  construction). Projects shall not be considered a part of the Program until
				  authorized and funded by the Legislature and Governor.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 7 - WYOMING WATER DEVELOPMENT PROGRAM › Section 7-8 - Operating Criteria

Current through July 13, 2024
Nothing in these rules shall preclude the Commission from
				  establishing additional criteria for the evaluation and administration of
				  projects pursuant to Wyoming Statute §
									
										41-2-121.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 8 - DELEGATION OF DUTIES › Section 8-1 - Applicability

Current through July 13, 2024
These rules and regulations shall establish the specific
				  administrative duties delegated by the Commission to the Office as authorized
				  by Wyo. Stat. Ann. §
									
										41-2-118(a)(xvi).
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 9 - EMERGENCY WATER PROJECTS › Section 9-1 - Purpose

Current through July 13, 2024
The purpose of Chapter 9 is to implement Wyoming Statute
				  §
									
										41-2-124(f) -(k) by providing for eligibility determination, procedures
				  and criteria for the application and award of funds from the emergency water
				  projects account (EWPs), and authorizing a voluntary pool program within the
				  emergency water projects account. The provisions in this chapter shall govern
				  emergency water projects and, to the extent this chapter's provisions conflict
				  with other provisions in these rules, this chapter shall control.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 9 - EMERGENCY WATER PROJECTS › Section 9-2 - Eligible Projects and Applicants

Current through July 13, 2024
Eligible emergency water projects shall meet the eligibility
				  requirements under Wyoming Statute §
									
										41-2-124(g) -(k). In addition,
				  eligible applicants for emergency water projects shall meet the definition of
				  an EWP Sponsor as defined in these rules.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 9 - EMERGENCY WATER PROJECTS › Section 9-3 - Applications

Current through July 13, 2024
(a)
				Applications for emergency water projects shall be submitted to the Office
				using forms prepared by the Office. Applicants may submit an application based
				on their knowledge or belief at the time of the application. The application
				shall include:
(i) A description of the
				affected irrigation infrastructure at issue in the project;
(ii) Information establishing that the
				applicant is a political subdivision that owns or has the legal responsibility
				to operate or maintain the irrigation infrastructure, and therefore could meet
				the definition of an EWP Sponsor;
(iii) Information establishing that the
				irrigation infrastructure has been rendered permanently inoperable, or is
				likely to be rendered permanently inoperable, due to an act of God including
				fire, earthquake, hurricane, storm or other similar natural disaster or
				phenomena or an unforeseen or impending natural or man-made event that requires
				immediate action to prevent a threat to or loss of life or property. This
				information may include, but is not limited to: the present condition of the
				irrigation infrastructure and the water system it serves; the known or
				anticipated threat to, or effect on, public safety, property, or the
				applicant's system or services; when the applicant learned the irrigation
				infrastructure was rendered inoperable or likely to be rendered inoperable; and
				any repairs or maintenance planned for the irrigation infrastructure prior to
				the applicant learning that infrastructure was inoperable or likely to be
				rendered inoperable; and
(iv) An
				approved resolution or other documentation establishing that the applicant has
				legally authorized the submission of the application and supports the
				project.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 9 - EMERGENCY WATER PROJECTS › Section 9-4 - Commission Evaluation and Recommendations

Current through July 13, 2024
(a) Prior to
				making recommendations to the State Loan and Investment Board regarding the
				application, the Commission shall allow for comments from the applicant and
				receive the recommendations of the Director.
(b) The Commission shall evaluate
				applications for emergency water projects by considering information in the
				project application, the Director's recommendations, the applicant's comments
				to the Commission, and any other information presented to the Commission
				regarding the proposed project.
(c)
				In preparing its recommendations to the State Loan and Investment Board, the
				Commission may consider factors including, but not limited to:
(i) Whether the applicant and the proposed
				project are eligible for funding under Wyoming Statute §
										
											41-2-124(g) -(k)
				and these rules;
(ii) The scope,
				nature, and condition of the permanently inoperable or likely to be rendered
				permanently inoperable affected irrigation infrastructure;
(iii) The effects caused by the irrigation
				infrastructure being rendered or likely to be rendered permanently inoperable.
				Evaluation of the effects may include, but is not limited to, public safety, or
				the amount of affected acreage, water, or users;
(iv) What rendered the irrigation
				infrastructure permanently inoperable;
(v) What is likely to render the irrigation
				infrastructure permanently inoperable, and the likelihood or urgency of that
				event;
(vi) Whether continuing
				normal operation of the irrigation infrastructure for its intended/permitted
				uses is likely to cause the infrastructure to fail or otherwise become
				permanently inoperable, and whether that operation must cease to prevent
				inoperability;
(vii) When the
				applicant learned the irrigation infrastructure had been rendered, or was
				likely to be rendered, permanently inoperable;
(viii) The proposed or potential components
				of the emergency water project. Evaluating the components may include, but is
				not limited to, whether the proposed project would exceed the repair,
				replacement, or maintenance required to address the irrigation infrastructure's
				inoperability;
(ix) The estimated
				or potential costs of the emergency water project;
(x) Financial capabilities of the
				applicant;
(xi) Resources of the
				applicant to perform its own repairs or maintenance;
(xii) Proposed or potential other funding
				sources, including other potential forms of funding from the
				Commission;
(xiii) Qualifications
				of engineers or other professionals the applicant proposes to work on the
				emergency water project;
(xiv)
				Whether the applicant is current on all repayment obligations to the State;
				and
(xv) The applicant's past
				efforts to maintain the affected irrigation infrastructure.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 9 - EMERGENCY WATER PROJECTS › Section 9-5 - Projects Awarded Funds

Current through July 13, 2024
(a) Emergency
				water project account funds shall not be released for an approved project until
				the Commission has recommended funding the project and the State Loan and
				Investment Board has approved funding the project. Unless otherwise authorized
				by the Commission, emergency water project account funds shall also not be
				released until the EWP Sponsor has executed a project agreement (and when
				applicable, a note and a security agreement) with the Commission. Construction
				of the project and construction administration/inspection shall commence upon
				the Office's issuance of a notice to proceed.
(b) Once the project agreement is in effect,
				the EWP Sponsor shall submit to the Office all eligible expenses for
				reimbursement. Upon review and approval of the Office, reimbursement of
				eligible expenses shall be distributed to the EWP Sponsor. Consideration of
				reimbursement of expenses incurred prior to execution of the project agreement
				will be at the sole discretion of the Commission.
(i) Emergency Water Project eligible expenses
				include professional services, materials, and labor necessary during, and
				immediately following, a disaster to restore operation, minimize the extent of
				damage or to protect remaining facilities. Incidental expenses for the
				temporary repair of facilities damaged as a direct result of the disaster and
				to restore temporary functionality, even if reduced, may be eligible. In
				evaluating the eligibility of expenses, the Office shall consider, among other
				factors, if incurred expenses were undertaken with proper consideration for the
				appropriate scope and timeline needed to conduct temporary repairs, and that
				the intent of emergency water projects account funds is not to repair damage as
				a result of a preexisting, non-disaster related or inherently deficient
				condition; nor is it the intent of these funds to fully rehabilitate
				pre-disaster functionality or condition.
Wyoming Administrative Code › Agency 029 - Water Development Commission › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 9 - EMERGENCY WATER PROJECTS › Section 9-6 - Voluntary Pool Program

Current through July 13, 2024
A voluntary pool program is authorized within the emergency
				  water projects account. A political subdivision that meets the definition of an
				  EWP Sponsor in these rules may participate in the voluntary pool program. Each
				  participant may contribute funds into a separate subaccount within the
				  emergency water projects account. Funds within each participant's subaccount
				  shall only be used for emergency water projects sponsored by that contributing
				  participant. The Office shall administer the voluntary pool program, including
				  but not limited to receiving and depositing participants' contributions, and
				  disbursing pool funds for emergency water projects. Pool funds may only be
				  applied to offset the loan portion of an approved emergency water project. At a
				  participant's request, the Office may withdraw funds from the participant's
				  subaccount and return them to the participant. A participant that expends or
				  withdraws all of the funds from its subaccount shall be removed from
				  participation in the voluntary pool program.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Wyoming Wildlife and Natural Resource Trust Account Board

Current through July 13, 2024
The Wyoming Wildlife
			  and Natural Resource Trust Account
			  Board was established by
			  W.S. 9-15-104 
			  effective July 1, 2005, as may be
			  amended, and has the powers and duties
			  established in other related
			  legislation as
			  applicable.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Authority

Current through July 13, 2024
These Rules are
			  promulgated as authorized by the
			  Wyoming Administrative Procedure Act,
			  W.S. 16-3-101 
			  to
			  16-3-115 
			  and the provisions of law creating the
			  Wyoming Wildlife and Natural Resource
			  Trust Account Board, specifically
			  W.S.
			  W.S. 9-15-104(f)
			 which mandates the adoption of Rules
			  and Regulations to implement the
			  provisions of
			  W.S.
			  W.S. 9-5-101 
			  through
			  9-15-107,
			  W.S.
			  W.S. 28-11-401,
			  or other provisions of law
			  subsequently
			  enacted.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Purpose and Objectives

Current through July 13, 2024
These Rules and
			  Regulations are established to
			  effectuate, and shall be applied so as
			  to accomplish, the general purposes of
			  the Wyoming Wildlife and Natural
			  Resource Funding Act (the "Act"), as
			  may be amended which are to promote,
			  preserve and enhance the wildlife,
			  multiple use, natural resource and
			  environmental heritage of Wyoming and
			  its people.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Definitions

Current through July 13, 2024
The following
			  definitions shall control in any
			  application of these Rules and |
			  Regulations:
a)
			"Board" means the Wyoming Wildlife and
			Natural Resource Trust Account Board
			created by
			W.S. 9-15-104;
b)
			"Governmental organization" means any
			state, tribal, federal, district, or
			local governmental agency, including
			municipal subdivisions;
c)
			"Income account" means the Wyoming
			Wildlife and Natural Resource Trust
			Income Account created by
			W.S.
			W.S. 9-15-103(b);
d)
			"Large project" means a project for
			which the grant sought under the Act
			equals or exceeds two hundred thousand
			dollars ($200,000);
e)
			"Matching contribution" includes money
			and in-kind contributions, including
			the economic value of any non-monetary
			donated contribution to a project by
			the applicant including but not
			limited to labor, equipment usage,
			lands, land rights, facilities or
			other terms essential to a
			project;
f)
			"Natural resource heritage" means
			renewable natural resources managed
			under a balanced stewardship that
			provides for the optimization of
			social, economic and cultural benefits
			for the citizens of Wyoming pursuant
			to
			W.S.
			W.S. 19-15-102(a)(iv);
g)
			"Nonprofit organization" means an
			entity or organization that is defined
			as such by the Internal Revenue
			Service pursuant to
			 26 U.S.C. 501(c);
h)
			"Rules" means the Rules and
			Regulations established by the Wyoming
			Wildlife and Natural Resource Trust
			Account Board;
j)
			"Secretary" means the Secretary of the
			Wyoming Wildlife and Natural Resource
			Trust Account Board;
k)
			"Select committee" means the Select
			Natural Resource Funding Committee
			created by
			W.S.
			W.S. 28-11-401;
l)
			"Small project" means a project for
			which the grant sought under the Act
			is less than two hundred thousand
			dollars ($200,000);
m)
			"Trust account" means the Wyoming
			Wildlife and Natural Resource Trust
			Account created by
			W.S.
			W.S. 9-15-103(a);
			and
n)
			"Wildlife" means those species defined
			by the Wyoming Game and Fish
			Commission.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - MEETINGS › Section 2-1 - Regular and Special Meetings

Current through July 13, 2024
The Board shall, as
			  provided by
			  W.S. 9-15-104(d),
			  meet regularly. The Board shall hold
			  at least one (1) meeting each quarter,
			  which meetings shall be called by the
			  Secretary after consultation and
			  coordination with the Chairperson and
			  other members of the Board. Special
			  meetings may be called by the
			  Chairperson. Nothing contained in
			  these Rules shall be construed as
			  prohibiting the Board or the
			  Chairperson from holding informational
			  proceedings, meetings or conferences
			  deemed by the Board to be necessary in
			  the performance of its
			  duties.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - MEETINGS › Section 2-2 - Public Meetings and Notice

Current through July 13, 2024
All regular and
			  special meetings are open to the
			  public and shall be held in accordance
			  with
			  W.S. 16-4-401 
			  et seq. Notice of regular and special
			  meetings shall be announced by press
			  release and web posting no less than
			  ten (10) days prior to the meeting
			  date.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - MEETINGS › Section 2-5 - Legal Counsel

Current through July 13, 2024
In all matters
			  before the Board, the Board may
			  request the Attorney General of the
			  State of Wyoming or a representative
			  of his staff to be present throughout
			  the meeting to serve as legal
			  counsel.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - MEETINGS › Section 2-6 - Agenda

Current through July 13, 2024
The agenda shall be
			  prepared under the direction of the
			  Chairperson for each meeting of the
			  Board. Copies of the agenda and other
			  available data shall be provided to
			  Board members a minimum of ten (10)
			  calendar days prior to each meeting.
			  At regular meetings, time shall be
			  provided for items not on the agenda.
			  The agenda shall include an
			  opportunity for the public to comment
			  on an issue or project under
			  consideration by the Board at that
			  meeting.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - MEETINGS › Section 2-7 - Minutes

Current through July 13, 2024
Minutes of the Board
			  shall be kept in a form that will
			  provide a permanent record of the
			  proceedings of the Board. Copies of
			  the draft minutes will be provided to
			  Board members in advance of the next
			  regularly scheduled meeting together
			  with the meeting agenda as prescribed
			  in Chapter 2, Section
			   7 
			  of these Rules. Minutes of the meeting
			  shall be prepared under the
			  supervision and direction of the
			  Secretary, submitted at the next
			  meeting of the Board for approval,
			  and, upon Board approval shall be
			  signed by the Chairperson. A file of
			  the permanent minutes of all Board
			  meetings will be maintained in the
			  office of the Board to be made
			  available upon request by any
			  interested parties.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - MEETINGS › Section 2-8 - Record

Current through July 13, 2024
The record of all
			  public meetings shall include formal
			  and informal notices; any written
			  comments, statements or exhibits
			  received; and other pertinent data.
			  The record shall also include recorded
			  testimony, or a memorandum to the file
			  summarizing the views and comments
			  presented at the
			  meeting.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 2 - MEETINGS › Section 2-9 - Rules of Order

Current through July 13, 2024
Any matter of
			  procedure or conduct not specifically
			  provided for by state law or by Rules
			  and Regulations of the Board shall be
			  governed by Robert's Rules of Order
			  Revised, Latest
			  Edition.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - CHAIRPERSON › Section 3-1 - Chair

Current through July 13, 2024
At the first
			  regularly scheduled meeting of the
			  Board each year, the members of the
			  Board shall, as the first item of
			  business, elect a Chairperson and Vice
			  Chairperson. The Chairperson and Vice
			  Chairperson shall be elected by a
			  majority vote of the Board. The
			  elected Chairperson shall, thereafter,
			  conduct the meetings for the duration
			  of his or her term. In the absence of
			  the Chairperson, the Vice Chairperson
			  shall assume the duties of the
			  Chairperson, including those described
			  in Chapter 5.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 3 - CHAIRPERSON › Section 3-2 - Vacancies

Current through July 13, 2024
Any vacancy in the
			  position of Chairperson shall be
			  addressed by the remaining members of
			  the Board, who shall elect a
			  Chairperson at the next regularly
			  scheduled meeting following the
			  vacancy.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 4 - SECRETARY AND STAFF › Section 4-1 - Secretary

Current through July 13, 2024
The Board shall hire
			  a Secretary who shall function as the
			  Executive Director to the Board. The
			  secretary shall administer funds of
			  the Board, and act as liaison for the
			  Board to other state, federal and
			  local governmental agencies, as well
			  as nonprofit organizations and members
			  of the public. The Secretary shall
			  serve at the pleasure of, and be
			  solely responsible to, the
			  Board.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - ADMINISTRATION › Section 5-1 - Authorization of Expenditures

Current through July 13, 2024
(a) The
				Secretary shall prepare an annual administrative budget which shall be
				submitted to the Board for approval no less than 30 days prior to the deadline
				set for budget submission to the Governor.
(b) The Secretary may purchase or provide
				necessary capital equipment, supplies and services for the Board to a maximum
				of one thousand dollars ($1,000.00) per purchase. Purchases in excess of the
				maximum amount are subject to prior approval by the Board.
(c) The Secretary shall provide monthly
				financial statements to each member of the Board.
(d) All fiscal records of the Board shall be
				maintained in accordance with State of Wyoming Accounting Procedures.
(e) Inventory records shall be maintained on
				physical property under control of the inventory coordinator of the Governor's
				Office. Acquisitions and property that is disposed of as "surplus property"
				shall be recorded on the Governor's perpetual inventory records.
(f) Board members, the Secretary and staff
				shall present vouchers and requests for payment in accordance with the policies
				and procedures of the Wyoming State Auditor's Office.
(g) The Board Chairperson, Vice Chairperson,
				and Secretary shall be authorized to approve vouchers and requests for payment
				consistent with the policies and procedures of the Wyoming State Auditor's
				Office.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - ADMINISTRATION › Section 5-2 - Contracts

Current through July 13, 2024
(a) All
				contracts in the name of the Board shall be drafted in accordance with the
				Contract Manual for State Agencies compiled by the Wyoming Attorney General's
				office.
(b) Contracts shall be
				executed, with Board approval, in the name of the Board by the Chairperson,
				Vice Chairperson, or Secretary.
(c)
				The administrative office of the Board shall retain a fully executed copy of
				all contracts, together with any related attachments or exhibits.
Wyoming Administrative Code › Agency 039 - Wildlife and Natural Resource Trust Account Board › Sub-Agency 0001 - General Agency, Board or Commission Rules › Chapter 5 - ADMINISTRATION › Section 5-3 - Annual Report

Current through July 13, 2024
Pursuant to Wyoming Statute §
									
										9-15-104(h), the Board
				  shall provide a written annual report to the Governor, the Joint Appropriations
				  Interim Committee, the Select Committee, and the Joint Travel, Recreation,
				  Wildlife and Cultural Resources Committee no later than September 1 with
				  respect to revenue received in the Income and Trust Accounts and grants awarded
				  by the Board. The Secretary shall prepare a draft annual report for review and
				  approval by the Board with the draft to be submitted to the Board no more than
				  ten (10) days after receiving budget figures from the State Auditor.