§ 33-40-212 — [SECTION 10] Rulemaking

Wyoming § 33-40-212

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 40: OCCUPATIONAL THERAPY PRACTICE
• Art. 2: OCCUPATIONAL THERAPY LICENSURE COMPACT

Text

(a) Notwithstanding the requirements imposed by W.S. 16-3-
101 through 16-3-106, the commission shall exercise its
rulemaking powers pursuant to the criteria set forth in this
section and the rules adopted thereunder. Rules and amendments
shall become binding as of the date specified in each rule or
amendment.
(b) The commission shall promulgate reasonable rules in
order to effectively and efficiently achieve the purposes of the
compact. Notwithstanding the foregoing, in the event the
commission exercises its rulemaking authority in a manner that
is beyond the scope of the purposes of the compact, or the
powers granted hereunder, then such an action by the commission
shall be invalid and have no force and effect.
(c) If a majority of the legislatures of the member states
rejects a rule, by enactment of a statute or resolution in the
same manner used to adopt the compact within four (4) years of
the date of adoption of the rule, then such rule shall have no
further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted at a
regular or special meeting of the commission.
(e) Prior to promulgation and adoption of a final rule or
rules by the commission, and at least thirty (30) days in
advance of the meeting at which the rule will be considered and
voted upon, the commission shall file a notice of proposed
rulemaking:
(i) On the website of the commission or other
publicly accessible platform; and
(ii) On the website of each member state occupational
therapy licensing board or other publicly accessible platform or
the publication in which each state would otherwise publish
proposed rules.
(f) The notice of proposed rulemaking shall include:
(i) The proposed time, date and location of the
meeting in which the rule will be considered and voted upon;
(ii) The text of the proposed rule or amendment and
the reason for the proposed rule;
(iii) A request for comments on the proposed rule
from any interested person; and
(iv) The manner in which interested persons may
submit notice to the commission of their intention to attend the
public hearing and any written comments.
(g) Prior to adoption of a proposed rule, the commission
shall allow persons to submit written data, facts, opinions and
arguments, which shall be made available to the public.
(h) The commission shall grant an opportunity for a public
hearing before it adopts a rule or amendment if a hearing is
requested by:
(i) At least twenty-five (25) persons;
(ii) A state or federal governmental subdivision or
agency; or
(iii) An association or organization having at least
twenty-five (25) members.
(j) If a hearing is held on the proposed rule or
amendment, the commission shall publish the place, time and date
of the scheduled public hearing. If the hearing is held via
electronic means, the commission shall publish the mechanism for
access to the electronic hearing. Under this subsection:
(i) All persons wishing to be heard at the hearing
shall notify the executive director of the commission or other
designated member in writing of their desire to appear and
testify at the hearing not less than five (5) business days
before the scheduled date of the hearing;
(ii) Hearings shall be conducted in a manner
providing each person who wishes to comment a fair and
reasonable opportunity to comment orally or in writing;
(iii) All hearings will be recorded. A copy of the
recording will be made available on request;
(iv) Nothing in this section shall be construed as
requiring a separate hearing on each rule. Rules may be grouped
for the convenience of the commission at hearings required by
this section.
(k) Following the scheduled hearing date, or by the close
of business on the scheduled hearing date if the hearing was not
held, the commission shall consider all written and oral
comments received.
(m) If no written notice of intent to attend the public
hearing by interested parties is received, the commission may
proceed with promulgation of the proposed rule without a public
hearing.
(n) The commission shall, by majority vote of all members,
take final action on the proposed rule and shall determine the
effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
(o) Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without
prior notice, opportunity for comment or hearing, provided that
the usual rulemaking procedures provided in the compact and in
this section shall be retroactively applied to the rule as soon
as reasonably possible, in no event later than ninety (90) days
after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to:
(i) Meet an imminent threat to public health, safety
or welfare;
(ii) Prevent a loss of commission or member state
funds;
(iii) Meet a deadline for the promulgation of an
administrative rule that is established by federal law or rule;
or
(iv) Protect public health and safety.
(p) The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors,
errors in format, errors in consistency or grammatical errors.
Public notice of any revisions shall be posted on the website of
the commission. The revision shall be subject to challenge by
any person for a period of thirty (30) days after posting. The
revision may be challenged only on grounds that the revision
results in a material change to a rule. A challenge shall be
made in writing and delivered to the chair of the commission
prior to the end of the notice period. If no challenge is made,
the revision will take effect without further action. If the
revision is challenged, the revision may not take effect without
the approval of the commission.