9-2-2008. Department of administration and information created; director appointed; structure.
(a) As part of the reorganization of Wyoming state government, there is created the Wyoming department of administration and information consisting of the agencies, programs and functions specified in this section. The provisions of the Wyoming Government Reorganization Act of 1989, W.S. 9-2-1701 through 9-2-1707, apply to this section.
(b) The administrative head of the department shall be a director appointed by the governor.
(c) The following agencies are assigned to the department of administration and information under a Type 1 transfer:
(i) Department of administration and fiscal control;
(ii) State library.
(d) Repealed By Laws 2001, Ch. 55, § 3.
(e) The following functions or programs shall be transferred from the department of commerce to the department of administration and information under a Type 3 transfer:
(i) Board of certified public accountants;
(ii) Board of architects;
(iii) Board of barber examiners;
(iv) Board of chiropractic examiners;
(v) Board of cosmetology;
(vi) Board of dental examiner;
(vii) Board of embalming;
(viii) Board of hearing aid specialists;
(ix) Board of medical examiners;
(x) Board of nursing;
(xi) Board of nursing home administrators;
(xii) Board of examiners in optometry;
(xiii) Gaming commission;
(xiv) Board of pharmacy;
(xv) Board of physical therapy;
(xvi) Board of registration in podiatry;
(xvii) Mental health professions licensing board;
(xviii) Board of psychology;
(xix) Board of radiologic technologists examiners;
(xx) Real estate commission;
(xxi) Board of examiners for speech pathology and audiology;
(xxii) Board of veterinary medicine;
(xxiii) The Wyoming professional teaching standards board;
(xxiv) The Wyoming state board of outfitters and professional guides;
(xxv) The board of occupational therapy;
(xxvi) The Wyoming board of professional geologists.
9-2-2010. Game and fish department created; director appointed.
(a) As part of the reorganization of Wyoming state government, there is created the Wyoming game and fish department consisting of the existing Wyoming game and fish commission and department, and all programs and functions specified in title 23 and otherwise under law. Except for W.S. 9-2-1703(a)(v), (viii) and (ix) and 9-2-1705 through 9-2-1707, the provisions of the Wyoming Government Reorganization Act of 1989, W.S. 9-2-1701 through 9-2-1707, apply to this section.
(b) The administrative head of the department shall be a director who shall serve at the pleasure of the governor and may be removed by him as provided in W.S. 9-1-202. The director shall be appointed by the governor from a list of three (3) qualified candidates submitted by the game and fish commission. Any appointment under this subsection shall be with the advice and consent of the senate.
(c) The department shall not be subject to a transition period as defined in W.S. 9-2-1703(a)(ix). A reorganization plan shall not be required of the director.
9-2-2011. Department of the state engineer created; director appointed.
(a) As part of the reorganization of Wyoming state government, there is created the Wyoming department of the state engineer consisting of the existing Wyoming office of the state engineer and board of control, and all programs and functions specified in title 41 and otherwise under law relating to the state engineer and board of control. Except for W.S. 9-2-1703(a)(v), (viii) and (ix) and 9-2-1705 through 9-2-1707, the provisions of the Wyoming Government Reorganization Act of 1989, W.S. 9-2-1701 through 9-2-1707, apply to this section.
(b) The administrative head and director of the department shall be the state engineer.
(c) The department shall not be subject to a transition period as defined in W.S. 9-2-1703(a)(ix). A reorganization plan shall not be required of the director.
9-2-2012. Department of corrections created; director appointed; structure.
(a) As part of the reorganization of Wyoming state government, there is created the Wyoming department of corrections consisting of the agencies, programs and functions specified in this section. The provisions of the Wyoming Government Reorganization Act of 1989, W.S. 9-2-1701 through 9-2-1707, apply to this section.
(b) The administrative head of the department shall be a director appointed by the governor.
(c) The following agencies are assigned to the department of corrections under a Type 1 transfer:
(i) Department of probation and parole;
(ii) The following state institutions:
(A) Wyoming state penitentiary, including farms and camps operated by the board of charities and reform for the incarceration of persons convicted of felonies;
(B) Wyoming women's center.
(iii) The board of charities and reform, including the community correctional facilities program, the split sentencing program and any other remaining programs under the board.
(d) The board of parole shall be deemed a state agency for budgeting purposes pursuant to W.S. 9-2-1001.1 through 9-2-1014.2.
(e) The board of land commissioners shall direct, subject to the limitations contained in the constitution of the state of Wyoming, applicable state and federal law and the conveyance instrument, the control, leasing, exchange, care and disposal of all acquired institutional lands not directly utilized for departmental purposes that are managed or associated with the institutions set forth in W.S. 9-2-2012(c) whether held in the name of the state or in the name of the department. Any amount received from transactions involving these lands shall be credited as directed by state or federal law or the conveyance instrument.
(f) All lands managed by the board of land commissioners subject to subsection (e) of this section shall be managed consistent with:
(i) Consideration of the needs of the institution;
(ii) Consideration of alternative uses of the property which are compatible with the mission of the institution; and
(iii) Limitations contained in the constitution of the state of Wyoming, state and federal law and the conveyance instrument.
(g) The board of land commissioners shall consult with the local officials or governing body having regulatory authority over the acquired institutional lands prior to authorizing the use or transfer of acquired institutional lands managed under subsection (e) of this section to another agency or department of the state of Wyoming.
(h) As used in this section, "acquired institutional lands" means state lands acquired by the state for the benefit of state institutions, but shall not include school trust lands or other lands held in trust by the state of Wyoming.
9-2-2013. Department of environmental quality created; director appointed; structure.
(a) As part of the reorganization of Wyoming state government, there is created the department of environmental quality consisting of the existing state department of environmental quality, the state office of industrial siting administration and the industrial siting council. Except for the existing environmental quality council, which shall not be within the department of environmental quality but shall be a separate operating agency, and those programs or functions specified by law to be performed by another entity all programs and functions specified in chapters 11 and 12 of title 35 shall be with the department of environmental quality. Except for W.S. 9-2-1703(a)(v) and (ix), the limitation of number of principal departments contained in W.S. 9-2-1703(a)(iii), 9-2-1704(a) and (b), 9-2-1706(c)(i)(D) and 9-2-1707(a)(iii) and (iv), the provisions of the Wyoming Government Reorganization Act of 1989, W.S. 9-2-1701 through 9-2-1707, apply to this section.
(b) The administrative head of the department shall be a director who shall serve at the pleasure of the governor and may be removed by him as provided in W.S. 9-1-202. The director shall be appointed by the governor with the advice and consent of the senate.
(c) The department shall not be subject to a transition period as defined in W.S. 9-2-1703(a)(ix). A reorganization plan shall not be required of the director.
9-2-2014. Wyoming water development office created; director appointed; structure.
(a) As part of the reorganization of Wyoming state government there is created the Wyoming water development office consisting of the programs and functions specified in this section.
(b) The administrative head of the office shall be a director appointed by the governor with the advice and consent of the senate. The director shall serve at the pleasure of the governor and may be removed by the governor as provided in W.S. 9-1-202. The director's term of appointment shall expire at the end of the term of office of the governor during which he was appointed, unless sooner removed.
(c) The Wyoming water development office shall consist of the Wyoming water development commission, staff and programs.
9-2-2015. Office of state lands and investments; director appointed; structure.
(a) As part of the reorganization of Wyoming state government there is created the state land and farm loan office consisting of the programs and functions specified in this section. From and after April 1, 1997, the state land and farm loan office shall be known and referred to as the office of state lands and investments.
(b) The administrative head of the office shall be a director appointed by the governor with the advice and consent of the senate. The director shall serve at the pleasure of the governor and may be removed by the governor as provided in W.S. 9-1-202.
(c) The office of state lands and investments shall consist of the office of the director and shall administer all programs of the board of land commissioners and state loan and investment board.
9-2-2016. Department of agriculture created; director appointed; structure.
(a) As part of the reorganization of Wyoming state government, there is created the department of agriculture consisting of the existing state department of agriculture, the agricultural mediation board, the wheat marketing commission, the Wyoming beef council, the Wyoming weed and pest council, the board of certification of the Environmental Pesticide Control Act of 1973, the weed and pest board of certification, the interstate agricultural grain marketing commission, the state fair advisory board and all programs and functions specified in titles 11 and 35 and otherwise under law relating to agriculture and livestock. Except for W.S. 9-2-1703(a)(v) and (ix), the limitation of number of principal departments in W.S. 9-2-1704(a) and 9-2-1707(a)(iii) and (iv), the provisions of the Wyoming Government Reorganization Act of 1989, W.S. 9-2-1701 through 9-2-1707, apply to this section.
(b) The administrative head of the department shall be a director who shall serve at the pleasure of the governor and may be removed by him as provided in W.S. 9-1-202. The director shall be appointed by the governor with the advice and consent of the senate.
(c) The department shall not be subject to a transition period as defined in W.S. 9-2-1703(a)(ix). A reorganization plan shall not be required of the director.
9-2-2017. Department of state parks and cultural resources created; director appointed; structure.
(a) There is created the Wyoming department of state parks and cultural resources consisting of the agencies, programs and functions specified in this section.
(b) The administrative head of the department shall be a director appointed by the governor not later than July 1, 1999, with the advice and consent of the senate. The director may, with the approval of the governor, appoint administrators for each of the divisions. The governor may remove the director and division administrators as provided in W.S. 9-1-202. The director may employ professional, technical and other assistants to work in the director's office or in any of the divisions, along with other employees, as authorized by the legislature, to carry out the duties of the department.
(c) The following agencies are assigned to the department of state parks and cultural resources under a Type 1 transfer:
(i) The division of state parks and historic sites from the department of commerce;
(ii) The parks and cultural resources commission;
(iii) The division of cultural resources from the department of commerce;
(iv) The Wyoming council on the arts from the department of commerce;
(v) The division of administrative services from the department of commerce;
(vi) The Wyoming pioneer memorial museum from the department of agriculture.
(d) As used in this section:
(i) "Commerce" means the department of commerce;
(ii) "Governor" means the office of the governor;
(iii) "State parks and cultural resources" means the department of state parks and cultural resources created by this section.
(e) The following divisions are created within the department of state parks and cultural resources:
(i) Division of parks and historic sites;
(ii) Division of cultural resources.
9-2-2018. Department of workforce services created; director appointed; structure.
(a) As part of the reorganization of Wyoming state government, there is created the Wyoming department of workforce services. The provisions of the Wyoming Government Reorganization Act of 1989, W.S. 9-2-1701 through 9-2-1707 apply to this section, except the requirement under W.S. 9-2-1707(a)(iii) that public hearings regarding the reorganization plan required under subsection (b) of this section be conducted by at least two (2) interim committees of the legislature shall not apply.
(b) The administrative head of the department shall be a director appointed by the governor.
(c) The department reorganization plan shall consider whether the following functions or programs are assigned from or to the agency or department specified under a Type 2 transfer: PROGRAM; FROM; TO
(i) Displaced worker education and training; Employment; Workforce services
(ii) Division of vocational rehabilitation; Employment; Workforce services
(iii) Public employment offices; Employment; Workforce services
(iv) Veterans' employment services; Employment; Workforce services
(v) Unemployment insurance program; Employment; Workforce services
(vi) Repealed By Laws 2006, Chapter 11, § 2.
(vii) Senior community service employment program; Health; Workforce services
(viii) Wyoming school-to-careers program; Employment; Workforce services
(ix) Personal opportunities with employment responsibilities (POWER) program; Family services; Workforce services
(x) Workforce development training fund; Employment; Workforce services
(xi) Supplemental nutrition assistance employment program; Family services; Workforce services
(xii) Other programs that may be identified that may improve customer satisfaction or reduce program delivery costs.
(d) As used in this section:
(i) "Community college commission" means the community college commission of Wyoming;
(ii) "Education" means the department of education;
(iii) "Employment" means the department of employment;
(iv) "Family services" means the department of family services;
(v) "Governor" means the office of the governor;
(vi) "Health" means the department of health;
(vii) "Workforce services" means the department of workforce services created by this section.
(e) In developing the plan required under W.S. 9-2-1707(a)(iii), the director shall consider:
(i) The cost-effectiveness of any recommended transfer;
(ii) Whether the recommended transfer will result in a more efficient provision of service to customers;
(iii) The extent to which the recommended transfer would benefit from involvement by the Wyoming business council;
(iv) Developing a system that will adequately serve customers in both urban and rural areas;
(v) Recommending legislation necessary to allow data sharing for the purpose of evaluating programs and the sharing of a common intake and management information system;
(vi) Identifying outcome-based data for all workforce programs, including those programs not proposed for transfer to the department of workforce services under this section;
(vii) Developing memoranda of understanding for confidentiality of information and data sharing.
(f) To the extent not prohibited by federal law, any agency or program of the state may provide information to the director as necessary to develop the plan required under W.S. 9-2-1707(a)(iii).
(g) The governor may:
(i) Eliminate any council or commission within the department which is not created under state law if no longer required as a condition to receiving federal funds or if no longer necessary to conform with federal law or regulations;
(ii) Consolidate any council or commission within the department which is required in accordance with federal law, but not created under state law, with any other council or commission if the consolidation does not violate federal law or regulations.
(h) Information obtained by any division in the department may be transferred to other divisions within the department so long as the transfer is not restricted by federal law, rule or contract. Such information shall not be disclosed outside of the department except as otherwise provided by law. Any employee who discloses information outside of the department in violation of federal or state law may be terminated without progressive discipline.
9-2-2019. Department of enterprise technology services created.
As part of the reorganization of Wyoming state government, there is created the department of enterprise technology services consisting of the existing division of information technology within the department of administration and information and the position and office of state chief information officer. The department shall not be subject to a transition period as defined in W.S. 9-2-1703(a)(ix). A reorganization plan shall not be required of the director.
As part of the reorganization of Wyoming state government, there is created the state construction department consisting of the existing construction management program within the department of administration and information, associated construction management functions of the department of administration and information, and the school facilities department. The state construction department shall not be subject to a transition period as defined in W.S. 9-2-1703(a)(ix). A reorganization plan shall not be required of the director.
9-2-2021. State budget department created; director appointed; structure.
(a) As part of the reorganization of Wyoming state government, there is created the state budget department consisting of the existing budget division of the department of administration and information. Except as otherwise provided in this section, the provisions of the Wyoming Government Reorganization Act of 1989, W.S. 9-2-1701 through 9-2-1707, shall apply to this section.
(b) The administrative head of the department shall be a director appointed by the governor with the advice and consent of the senate. Not later than May 1, 2020, the governor shall appoint a director in accordance with W.S. 28-12-101(b). Thereafter, appointments for the director of the state budget department shall be in accordance with W.S. 28-12-101 through 28-12-103.
(c) Not later than August 15, 2020, the director shall prepare a plan for reorganization of the agencies, programs and functions specified in this section and submit it to the governor for approval. The director shall include in the reorganization plan recommendations regarding any necessary modifications to state budgeting statutes and other statutes relating to the duties of the state budget department.
(d) After the governor approves the plan for reorganization developed pursuant to this section:
(i) The governor shall, when he deems appropriate, set a schedule for implementation of the reorganization plan;
(ii) The joint appropriations committee shall develop any necessary legislation with respect to the plan and monitor the state budget department's work and progress.
(e) Upon submission of the reorganization plan developed pursuant to this section, the state budget department shall have authority provided by law to the budget division within the department of administration and information and shall operate independently of the department of administration and information.
(f) The state budget department shall be subject to the direction of the existing administrator of the budget division of the department of administration and information who shall serve as the director of the state budget department until the governor appoints a director in accordance with this section.
(g) Repealed by Laws 2021, ch. 56, § 5.
(h) The budget division of the department of administration and information is assigned to the state budget department under a Type 1 transfer, effective upon the appointment of a director of the state budget department.
(j) The governor may allocate personnel and other resources between the department of administration and information and the state budget department in accordance with a Type 1 transfer. Nothing in this subsection shall authorize the state budget department to gain positions or funds in addition to the positions and funds currently allocated to the budget division of the department of administration and information.
(k) Upon the appointment of a director of the state budget department, the state budget department shall pursue state savings and efficiency initiatives identified in 2017 Wyoming Session Laws, Chapter 183 and 2018 Wyoming Session Laws, Chapter 112 and identified by the government efficiency commission created by 2017 Wyoming Session Laws, Chapter 183 and continued by 2018 Wyoming Session Laws, Chapter 112.
9-2-2022. Wyoming department of homeland security created.
As part of the reorganization of Wyoming state government, there is created the Wyoming department of homeland security consisting of the Wyoming office of homeland security created in the Wyoming Homeland Security Act. The department of homeland security shall not be subject to a transition period as defined in W.S. 9-2-1703(a)(ix). A reorganization plan shall not be required of the director.
9-2-2101. Department of family services; duties and
responsibilities; state grants; authority to contract for shelters; definitions; youth programs.
(a) The department of family services is created. The department of family services is the state youth services authority and the authority for public assistance and social services.
(b) The department shall develop and administer a state program to provide shelter care for youth.
(c) Subject to the availability of funds, the department shall administer a comprehensive state program for community services for youth which shall include the following:
(i) A coordinated network of services by contracting for shelter services on a regional basis and for juvenile community alternatives on a county basis either through a contract with the county commissioners or through a contract with a single organization designated by the county commissioners. Contracting agencies may establish subcontracts in order to provide those services required by the department. All contracts purchasing services prepared by the department shall provide for periodic program and fiscal review of the operations and expenditure of state funds by the person or organization with whom the department has contracted. All contracts shall be terminated within sixty (60) days upon the occurrence of one (1) of the following unless the deficiency is corrected to the satisfaction of the department:
(A) If the person or organization will not allow on site inspections and review of the programs purchased;
(B) If misuse of state funds is found; or
(C) If the program is not of an acceptable standard or quality.
(ii) Minimum standards and policies and procedures for the establishment and operation of the community services for youth;
(iii) Rules for the granting of contracts;
(iv) Monitoring regional shelter services facilities a minimum of once a year and state funded juvenile community services at least once every three (3) years.
(d) In order to receive juvenile community alternative funds a county shall submit a plan to the department developed by representatives of public and private providers who provide services to troubled youth in the county. The plan shall be in accordance with rules and regulations established by the department. At a minimum the plan shall include:
(i) Identification of gaps in services to troubled youth in the county and an explanation of the proposed projects;
(ii) Goals and objectives that will enable the department to monitor the activities that are funded, the number of children and families served and the outcomes achieved;
(iii) A demonstration of a commitment to keep youth in the home and community and to work with the family either with community alternative funds or through other funding;
(iv) Cooperative agreements among participating agencies which outline the activities to be undertaken by each agency to achieve the goals of the plan.
(e) The purposes of the community services for youth program are to:
(i) Work on the immediate problems of troubled youth in Wyoming communities;
(ii) Work with children and families to encourage the resolution of intrafamily problems through counseling and other services;
(iii) Work on reuniting youth with their families in cases where the child has been placed out of the home and where additional work needs to be done in order for the youth to be reintegrated into the family;
(iv) Strengthen family relationships and promote stable living conditions for troubled youth;
(v) Help youth decide on a future course of action;
(vi) Provide appropriate alternatives to involvement in the correctional system.
(f) Community services for youth may include treatment services either directly or through contracts with other agencies.
(g) In order to qualify for funding under this section, a shelter services provider shall:
(i) House no more than ten (10) children together within one (1) facility. This paragraph shall not:
(A) Limit the number of children who may be served in a region; or
(B) If requested by any local authority, prohibit a provider from providing temporary emergency shelter within one (1) facility to more than ten (10) children under the age of eighteen (18) years for not more than seventy-two (72) consecutive hours.
(ii) Develop individualized programming for children receiving shelter services for thirty (30) days or less which shall be distinct from individualized programming for children who are expected to receive shelter services for longer than thirty (30) days.
(h) As used in this section:
(i) "Community services for youth" means shelter services and juvenile community alternatives;
(ii) "Juvenile community alternatives" means projects which use existing services in a county to divert juveniles from approved correctional programs until no other solution can be determined suitable;
(iii) "Shelter services" means residential services for children through eighteen (18) years of age which shall include:
(A) Temporary shelter;
(B) Crisis counseling;
(C) Family involvement;
(D) Aftercare;
(E) Individualized programming for each child.
(j) If there is an existing shelter in a community that meets the criteria for placement of youth as specified in this section and is sufficient to meet the needs of the community, additional shelters shall not be acquired or constructed.
(k) The department shall administer the low income home energy assistance program in accordance with W.S. 42-2-501.
The director shall appoint a separate administrator for each of the divisions of the department of family services and he may discharge the administrators as provided in W.S. 9-2-1706(c)(ii).
9-2-2103. Allocation, transfer and abolition of powers, duties and functions within department.
The governor may, after consultation with the director of the department and the departmental advisory council designate the department as the single state agency for the administration of state plans for public assistance and social assistance to administer upon such terms as the governor directs.
9-2-2104. Duties and powers of director of department.
(a) The director shall:
(i) Consult with the departmental advisory council and establish general policy to be followed in the department in administering programs;
(ii) Disburse and administer all federal funds or other monies allotted to the department;
(iii) Prescribe by rule, order or regulation the conditions under which these monies shall be disbursed and administered. Any audit performed shall comply with the requirements of W.S. 9-1-507;
(iv) Enter into agreements, not inconsistent with the laws of this state, required as conditions precedent to receiving funds or other assistance. Funds appropriated by the legislature for operation of the department shall be used for the specified purposes only, and the director, in accepting funds from any other source, shall not consent to impairment of the department's statutory responsibilities;
(v) Hold hearings, administer oaths, subpoena witnesses and take testimony as provided by the Wyoming Administrative Procedure Act in all matters relating to the exercise and performance of the powers and duties vested in the department;
(vi) With the assistance of the attorney general bring actions in the courts of the state in the name of the department for the enforcement of public welfare laws;
(vii) Promulgate reasonable rules and regulations in compliance with the Wyoming Administrative Procedure Act, for the implementation of all state and federal welfare laws;
(viii) Appoint and prescribe the duties of the superintendent of the Wyoming boys' school and the superintendent of the Wyoming girls' school. Each superintendent shall be under the direct authority and control of the director and may be removed by the director at any time without cause;
(ix) Ensure all rules and other written statements of policy or interpretation formulated or adopted by the department use language which focuses on the importance of a person, rather than a person's disability.
(b) Notwithstanding paragraph (a)(iv) of this section, the director may use funds appropriated by the legislature for the operation of the department to pay health or medical insurance premiums for any resident of Wyoming upon a determination by the director or his designee that:
(i) Due to an injury or illness, the person or his family is or may become unable to pay health or medical insurance premiums;
(ii) The person is or may become eligible for medical services which would be paid for by the state; and
(iii) Payment of the premiums may be less expensive for the state than payment of the medical services.
(c) Health or medical insurance premiums paid for in accordance with subsection (b) of this section shall be reviewed periodically to ensure payment of the premiums does not exceed the cost for provision of medical services. The authority granted under subsection (b) of this section shall terminate effective June 30, 1996.
9-2-2105. Director of department; appointment; removal; duties.
With the advice and consent of the senate the governor shall appoint a director for the department who shall serve under the direction of the governor and who may be removed by the governor as provided in W.S. 9-1-202. Appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103.
composition; meetings; removal of members; selection of officers; vacancies; expenses.
(a) There is created within the department an advisory council of not more than sixteen (16) members. Each member shall serve a three (3) year term, except legislators shall serve only for the term of office during which they were appointed. The council shall include:
(i) One (1) member of the senate appointed by the president of the senate;
(ii) One (1) member of the house of representatives appointed by the speaker of the house of representatives;
(iii) Not more than fourteen (14) members appointed by the governor to represent the interests of the public and the department.
(b) The departmental advisory council shall meet at least three (3) times each year.
(c) The governor may remove any member of the departmental advisory council, except those appointed from the legislature, as provided in W.S. 9-1-202.
(d) At the first meeting of the departmental advisory council, and annually thereafter when new appointments are made, a chairman, vice-chairman and secretary shall be selected from among the membership by vote of the council members.
(e) Vacancies on the departmental advisory council shall be filled by the appointing authority for the unexpired term.
(f) Members of the departmental advisory council shall not receive compensation for their services, but when actually engaged in the performance of their duties, they shall receive travel expenses, per diem and mileage expenses in the same manner and amount as employees of the state.
9-2-2201. Office created; appointment of director and hearing examiners.
(a) The office of administrative hearings is created as a separate operating agency pursuant to W.S. 9-2-1704(d).
(b) The governor, with the advice and consent of the senate, shall appoint a director of the office who shall serve as the administrative head of the office and as chief hearing examiner. Unless sooner removed, the director's term of appointment expires at the end of the term of office of the governor during which he was appointed. The director serves at the pleasure of the governor and may be removed by him as provided by W.S. 9-1-202. The director shall be a member in good standing of the Wyoming state bar.
(c) The director may appoint additional hearing examiners who are members in good standing of the Wyoming state bar to serve either full or part time as necessary throughout the state. Hearing examiners serve at the pleasure of the director and may be removed by him at any time without cause.
(a) The office of administrative hearings is the successor agency to the office of independent hearing examiners created by W.S. 27-14-602 and the office of hearing examiners created by W.S. 31-7-105. Effective July 1, 1992:
(i) There is transferred to the office of administrative hearings all positions, personnel, property and appropriated funds of the office of independent hearing examiners and the office of hearing examiners;
(ii) The office of administrative hearings shall assume all duties and responsibilities and exercise all authority of the office of independent hearing examiners and the office of hearing examiners set out in title 27, chapter 14 and title 31, chapters 6, 7, 9 and 17 of the Wyoming statutes.
(b) In addition to conducting hearings pursuant to subsection (a) of this section, the office of administrative hearings may, if requested, provide hearing services for any other state agency, provided:
(i) Hearing services shall be provided to other agencies subject to available resources;
(ii) The cost of the hearing services as determined by the director of the office of administrative hearings shall be paid by the requesting agency to the office of administrative hearings;
(iii) Hearings will be conducted in an impartial manner pursuant to the Wyoming Administrative Procedure Act, applicable provisions of the Wyoming Rules of Civil Procedure and any rules for the conduct of contested cases adopted by the director of the office of administrative hearings which shall take precedence over hearing rules promulgated by the requesting agency. In the case of personnel hearings conducted pursuant to W.S. 9-2-3206, the state personnel rules shall govern the conduct of the hearings;
(iv) Hearings may be held in any area of the state giving consideration to the resources of the office of administrative hearings and the convenience of the parties.
The director of the office of administrative hearings shall promulgate reasonable rules and regulations necessary to carry out the functions and responsibilities assigned to the office.
(a) The legislature hereby finds that Wyoming and its people possess a unique cultural heritage. The legislature further finds that there is a need to preserve, promote and enhance that unique cultural heritage for the citizens of the state and the nation and for future generations to understand and appreciate the heritage that makes Wyoming unique among the United States.
(b) It is the purpose of this article to promote, preserve and enhance Wyoming's unique cultural heritage by creating a Wyoming cultural trust fund administered by a trust fund board to coordinate public and private donations and manage the distribution of monies from the Wyoming cultural trust fund.
(a) As used in this article:
(i) "Board" means the Wyoming cultural trust fund board established by W.S. 9-2-2305;
(ii) "Division" means the division of cultural resources within the department of state parks and cultural resources, or its successor;
(iii) "Trust fund" means the Wyoming cultural trust fund created by W.S. 9-2-2304;
(iv) "Income account" means the Wyoming cultural trust fund income account created by W.S. 9-2-2304(a).
9-2-2304. Wyoming cultural trust fund established; income account established; investment by state treasurer.
(a) The Wyoming cultural trust fund is created. The Wyoming cultural trust fund shall consist of those funds designated to the fund by law and all monies collected from federal grants and other contributions, grants, gifts, bequests and donations to the cultural trust fund. The Wyoming cultural trust fund income account is also hereby created. The income account shall consist of those funds credited to the income account pursuant to W.S. 9-2-2307(c) and all other monies collected from federal grants and other contributions, grants, gifts, bequests and donations specifically designated to the income account.
(b) The monies deposited into the Wyoming cultural trust fund and income account established pursuant to this section shall be transmitted to the state treasurer for credit to the trust fund or income account as required by this article. Any earnings from investment of the trust fund and income account shall be credited by the state treasurer to the trust fund and distributed in accordance with this article. The state treasurer, or his designee, who shall be registered under the Investment Advisor's Act of 1940, as amended, if required to be registered by the terms of that act, as amended, may invest the unobligated, unencumbered balance of the trust fund in equities, including stocks of corporations. Investments under this subsection shall be in accordance with W.S. 9-4-715(a) and (c) through (e) and 9-4-716. In adopting investment policy statements for the Wyoming cultural trust fund, the state loan and investment board, in consultation with the investment funds committee, shall seek to preserve the balance of the trust fund in a manner that strives for the highest possible risk-adjusted total net return consistent with an appropriate level of safety and liquidity.
9-2-2305. Wyoming cultural trust fund board; creation; members.
(a) There is created the Wyoming cultural trust fund board. The board shall consist of six (6) members, as follows:
(i) The administrator of the division of cultural resources or his designee who shall serve as an ex officio member of the board, without a vote; and
(ii) Five (5) persons who are residents of Wyoming, appointed by the governor and confirmed by the senate. Board membership shall reflect a broad spectrum of experiences, including, but not limited to, the arts, history, archaeology, humanities and cultural and heritage tourism and shall be selected from the following nominees:
(A) One (1) person nominated by the Wyoming commission on parks and cultural resources;
(B) Two (2) persons nominated by the Wyoming arts council board; and
(C) Two (2) persons nominated by the Wyoming national register review board.
(b) Except for the initial board, each appointed member of the board shall serve for a term of three (3) years. Of the initial appointees, one (1) member shall be appointed for one (1) year, two (2) members shall be appointed for two (2) years and two (2) members shall be appointed for three (3) years. The governor may remove any member as provided in W.S. 9-1-202. A vacancy on the board shall be filled for the balance of the unexpired term. The board shall select one (1) of its members to serve as chairman.
(c) The board shall meet regularly. Members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties in the manner and amounts provided by law for state employees.
9-2-2306. Wyoming cultural trust fund board; duties and responsibilities.
(a) The board shall:
(i) Initiate innovative program planning;
(ii) Review innovative program grants and grant proposals;
(iii) Establish criteria for grant categories and grant applications through rules and regulations;
(iv) Require local matching funds or other in-kind contributions from grantees;
(v) Review and monitor the expenditure of monies from the income account to grantees; and
(vi) Consider other necessary matters.
(b) In fulfilling its duties under subsection (a) of this section, the board may:
(i) Consult with the Wyoming arts council and the Wyoming parks and cultural resources commission as necessary;
(ii) Accept federal grants and other contributions, grants, gifts, bequests and donations from any source.
(c) The board shall promulgate reasonable rules and regulations in accordance with the Wyoming Administrative Procedure Act to implement the provisions of W.S. 9-2-2301 through 9-2-2308.
(a) Subject to approval of applications from nonprofit and governmental cultural, historical and arts organizations, the board may award grants from the income account to promote, preserve and enhance the unique cultural heritage of Wyoming and its people.
(b) The board shall have the discretion in determining the amount of money under each grant, except that the total amount of grants awarded in any one (1) fiscal year shall not exceed the spending policy amount specified in subsection (c) of this section plus additional sums as allowed under paragraph (c)(ii) of this section.
(i) Repealed by Laws 2025, ch. 149, § 2.
(ii) Repealed by Laws 2025, ch. 149, § 2.
(c) The amount of monies available for making grants under this article in any one (1) fiscal year shall be an amount equal to three percent (3%) of the five (5) year average market value of the Wyoming cultural trust fund, calculated from the first day of the fiscal year. This amount shall constitute the spending policy for the trust fund and shall, subject to legislative appropriation, be annually credited from the trust fund to the income account for expenditure on grants. This subsection shall be subject to the following:
(i) For purposes of calculating the spending policy under this subsection, the five (5) year average market value of the trust fund shall be calculated as follows:
(A) For fiscal year 2026, the five (5) year average market value shall be equal to the market value of the trust fund, as calculated on the first day of the fiscal year;
(B) For fiscal year 2027, the five (5) year average market value shall be equal to the previous two (2) year average market value of the trust fund, as calculated on the first day of the fiscal year;
(C) For fiscal year 2028, the five (5) year average market value shall be equal to the previous three (3) year average market value of the trust fund, as calculated on the first day of the fiscal year;
(D) For fiscal year 2029, the five (5) year average market value shall be equal to the previous four (4) year average market value of the trust fund, as calculated on the first day of the fiscal year;
(E) For fiscal year 2030 and each fiscal year thereafter, the five (5) year average market value shall be equal to the previous five (5) year average market value of the trust fund, as calculated on the first day of the fiscal year.
(ii) Nothing in this subsection shall be construed to limit the expenditure of the following monies in the income account, which expenditures shall not be counted within the spending policy:
(A) Special appropriations, grants, transfers, bequests or donations to the income account unless the appropriation, grant, gift, transfer, bequest or donation provides otherwise;
(B) Unobligated and unencumbered monies in the income account that were credited to the income account in a prior fiscal year as part of that year's authorized spending policy;
(C) Previously obligated or encumbered monies in the income account.
(a) The director of the department of audit or his designee shall audit the trust fund created by W.S. 9-2-2304 biennially.
(b) The board shall annually report to the governor, the joint appropriations interim committee and the joint travel, recreation, wildlife and cultural resources interim committee no later than October 1 with respect to all:
(i) Federal grants, state appropriations and other contributions, grants, gifts, bequests and donations received and credited to the Wyoming cultural trust fund during the preceding fiscal year; and
(ii) Grants awarded by the board to nonprofit and governmental cultural, historical and arts organizations.
9-2-2501. Director of department of enterprise technology services; duties; electronic transaction of business.
(a) Repealed By Laws 2005, ch. 174, § 3.
(b) The state chief information officer may provide for any state agency business to be conducted electronically in accordance with rules adopted under this section and in conformity with the provisions of the Uniform Electronic Transactions Act in title 40, chapter 21. No state agency shall be required by the chief information officer to conduct business electronically. Any state agency desiring to conduct business electronically shall adopt the procedures contained in rules of the department of enterprise technology services.
(c) The department of enterprise technology services may enact rules the chief information officer deems necessary to implement this section subject to the provisions of the Uniform Electronic Transactions Act in title 40, chapter 21. The rules shall at a minimum:
(i) Establish standards for all state agencies conducting business electronically;
(ii) Establish parameters for ensuring security in conducting state agency business electronically;
(iii) Establish authorized methods and requirements for conducting business electronically and authenticating identifications. The rules shall require that each individual required by applicable statute or rule to sign any document be specifically identified as acknowledging the document and giving assent to the electronic transmission through a key encryption or other identification procedure unique to that individual;
(iv) Prescribe a procedure for certification by a state agency of information transmitted electronically; and
(v) Prescribe a procedure for converting information transmitted electronically to paper and certifying the paper copy for persons requiring paper copies.
(d) In adopting rules the department of enterprise technology services shall consider whether the rule will allow for efficient, safe, secure and accurate transactions.
(e) Notwithstanding any other provision of law requiring a manual or facsimile signature on information filed with a state agency any information filed electronically which meets the requirements of the rules adopted pursuant to this section shall be considered to be lawfully filed with the state agency for all legal purposes if that agency has authorized the electronic filing.
(f) Nothing in this section shall be construed to affect any requirement of statute or rule that a particular individual or officer of an organization acknowledge a document. Any person using a key encryption or other identification procedure in place of a manual or facsimile signature for any filing under this section shall be subject to the same civil and criminal penalties applicable to persons providing a manual or facsimile signature.
(g) A state agency shall not be liable for any loss or damages arising from errors in or omissions from information filed electronically.
(h) No statutory provision which authorizes facsimile or electronic filing with any state agency shall be superseded by this section or any rule of the department adopted pursuant to this section.
(j) As used in this section, "state agency" means any authority, bureau, board, commission, department, division, institution or officer of the state, except the state legislature and the judiciary.
9-2-2601. Department of workforce services; duties and
responsibilities; agreements with other agencies authorized; definition; merger with department of employment.
(a) The department of workforce services is created. The department is the authority for workforce services. The department is the successor agency for public employment and training services which previously existed under the department of employment. The department shall perform all functions previously performed by those programs.
(b) The department may submit a plan for the state to the appropriate federal agencies for work activities and programs as authorized under section 102 of the act of congress approved July 22, 2014 entitled "Workforce Innovation and Opportunity Act", P.L. 113-128, 29 U.S.C. 3112 or subsequent similar enactments.
(c) The department shall adopt rules and regulations pursuant to the Wyoming Administrative Procedure Act to implement requirements of the federal Workforce Innovation and Opportunity Act or subsequent similar enactments. When adopting such rules and regulations the department shall use language which focuses on the importance of a person, rather than a person's disability.
(d) The department shall administer expenditures from the workforce development training fund as provided in W.S. 9-2-2604. The department shall administer expenditures from the Wyoming workforce development-priority economic sector partnership subaccount within the economic diversification account as provided in W.S. 9-2-2609 through 9-2-2611 and 9-12-1404.
(e) The department is the designated agency for the state under 29 U.S.C. § 49 et seq. and shall:
(i) Comply with the requirements of and secure benefits for the state under 29 U.S.C. § 49 et seq.;
(ii) Establish and maintain public employment offices throughout the state; and
(iii) Cooperate with federal agencies under 29 U.S.C. § 49 et seq.
(f) The department may cooperate and enter into agreements with the railroad retirement board, any other federal or state agency or any private nonprofit organization for the provision of public employment offices and services and may accept contributions for this purpose.
(g) The department shall take appropriate steps to:
(i) Reduce and prevent unemployment and provide supportive services that are necessary to assist individuals to take part in activities leading to self-sufficiency;
(ii) Encourage and assist in the adoption of practical methods of vocational training, retraining and guidance;
(iii) Investigate, recommend, advise and assist in the establishment and operation of public works reserves by the state and its political subdivisions to be used in times of business depression and unemployment;
(iv) Promote alternative reemployment of unemployed workers throughout the state;
(v) Conduct and publish results of investigations and research studies;
(vi) Assist the Wyoming workforce development council and the state youth council in pursuing their missions and goals; and
(vii) Administer contracts pursuant to W.S. 9-2-2608 and 9-2-2609 through 9-2-2611.
(h) In any civil action to enforce this act, the department may be represented by the attorney general at the request of the department.
(j) As used in this article unless the context requires otherwise, "department" means the department of workforce services.
(k) On or before July 1, 2011, the department of workforce services shall include all divisions, programs and functions previously assigned to the department of employment created by W.S. 9-2-2002.
9-2-2602. Director of department; appointment; removal; duties.
(a) With the advice and consent of the senate the governor shall appoint a director for the department who shall serve under the direction of the governor and who may be removed by the governor as provided in W.S. 9-1-202. Appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103.
(b) The director shall:
(i) Disburse and administer all federal funds or other monies allotted to the department;
(ii) Prescribe by rule, order or regulation the conditions under which these monies shall be disbursed and administered. Any audit performed shall comply with the requirements of W.S. 9-1-507;
(iii) Enter into agreements, not inconsistent with the laws of the state, required as conditions precedent to receiving funds or other assistance. Funds appropriated by the legislature for operation of the department shall be used for the specified purposes only, and the director, in accepting funds from any other source, shall not consent to impairment of the department's statutory responsibilities;
(iv) Hold hearings, administer oaths, subpoena witnesses and take testimony as provided by the Wyoming Administrative Procedure Act in all matters relating to the exercise and performance of the powers and duties vested in the department;
(v) With the assistance of the attorney general bring actions in the courts of the state in the name of the department;
(vi) Promulgate reasonable rules and regulations in compliance with the Wyoming Administrative Procedure Act;
(vii) Appoint a separate administrator for each of the divisions of the department of workforce services and may discharge the administrators as provided in W.S. 9-2-1706(c)(ii);
(viii) Provide information and guidance to employers and employees regarding workplace injuries as specified under this paragraph. The director shall widely disseminate information about the resources available to employers and employees under this paragraph and shall provide information and guidance regarding:
(A) The rights and responsibilities of employers and employees under the law;
(B) The administrative processes available for resolving workers' compensation claims when an employer and employee are subject to the Worker's Compensation Act;
(C) The completion of forms required under any applicable administrative process;
(D) Available local, state and federal financial assistance, rehabilitation and work placement programs, as well as other social services that the director considers appropriate; and
(E) Available liability insurance or industrial insurance providers offering coverage for self-insured employers.
(ix) Provide information and guidance to the board of trustees in each school district regarding the availability of registered apprenticeship programs, student learner agreements and on-the-job training available to students for pay, school credit or both, including:
(A) The rights and responsibilities of school districts, employers, student learners and student employees participating in apprenticeship programs, student learner agreements or on-the-job training under state and federal law; and
(B) Available local, state and federal financial assistance for placement of students in apprenticeship programs, student learner agreements or on-the-job training programs.
(c) In order that there may be established and maintained in the state of Wyoming a system of public employment offices, in conformity with an act of congress approved June 6, 1933, providing for the establishment of a national employment system and for cooperation with the states of the promotion of the system and for other purposes, the state of Wyoming accepts the provisions of the act of congress and designates the director of the department of workforce services as its agent in whom is vested all powers necessary to cooperate with the United States department of labor in the establishment and maintenance in Wyoming of a system of employment offices under the control of the United States secretary of labor and to do all things which are necessary under the federal act to obtain the benefits which are available to the state under the provisions of the federal act.
(d) Not later than October 2 of each year, the department shall include information regarding optional employers and their classifications in the report required under W.S. 27-14-201(c).
(e) Not later than October 1 of each year, the department shall report to the joint minerals, business and economic development interim committee and the joint education interim committee on the provision of information to boards of trustees in each school district as required under paragraph (b)(ix) of this section. The report shall include information on efforts each school district has taken to link the program opportunities specified in paragraph (b)(ix) of this section to the provision of school credit to students for completing those program opportunities. Information about available apprenticeships, student learner agreements and on-the-job training opportunities in each school district shall be made available on the school district's website.
9-2-2604. Workforce development training fund established.
(a) There is established the Wyoming workforce development training fund. The state treasurer shall invest available revenues in the fund in accordance with law, and earnings from those investments shall be credited to the fund. The revenues in the fund are continuously appropriated to the department of workforce services to be expended as provided in this section.
(b) Revenues in the Wyoming workforce development training fund may be expended for the following:
(i) For all administrative costs incurred by:
(A) The department of workforce services associated with establishing, assessing, collecting and maintaining the state unemployment insurance trust fund and assessing and collecting the Wyoming workforce development training fund; and
(B) The department of workforce services associated with maintaining the Wyoming workforce development training fund.
(ii) To fund workforce development programs in the department of workforce services with the approval of the governor;
(iii) To provide workforce development programs designed to train, retrain or upgrade work skills for existing Wyoming workers; and
(iv) To provide training for skills necessary for specific economic development initiatives.
(c) Expenditures from the workforce development training fund for purposes authorized in subsection (b) of this section shall be approved by the director of the department of workforce services based on procedures, criteria and performance measures established by regulations. Notification of expenditures approved under paragraphs (b)(iii) and (iv) of this section and a copy of the training fund application shall be provided to the Wyoming business council. The director of the department of workforce services shall report annually to the governor and the legislature on the expenditures made from the training fund in the preceding fiscal year and the results of the activities funded by the training fund.
The department of workforce services may sell any publication or other duplicated or printed material, other than the biennial report, which it prepares and which the public may desire to purchase.
9-2-2606. Sale of office publications; limitation on charges.
The charges made by the department of workforce services for publications or other duplicated or printed materials, other than the biennial report, which it prepares shall not exceed the cost of materials, printing, duplication, packaging and postage.