015-2 Wyo. Code R. § 2-2
In addition to all other grounds for removal or denial of listing in the Directory stated in the Rules, Wyo. Stat. § 9-4-1202, or Wyo. Stat. §§ 9-4-1205 through -1210, the Agency may deny listing a tobacco product manufacturer, Brand, and/or brand family in the Directory or may remove a tobacco product manufacturer, Brand and/or brand family from the Directory, on one or more of the following grounds:
(a) The tobacco product manufacturer submitted an incomplete Certification or failed to provide all information requested to determine compliance;
(b) The tobacco product manufacturer failed to disclose material facts or made misrepresentations in information provided to the Agency;
(c) The tobacco product manufacturer failed to correct deficiencies in its Certification in a timely and thorough manner;
(d) The nonparticipating manufacturer failed to establish a qualified escrow fund;
(e) The nonparticipating manufacturer failed to deposit into a qualified escrow fund the amount required for all units sold in Wyoming in any quarter or year;
(f) Current or former nonparticipating manufacturer of a Brand or brand family failed to deposit into a qualified escrow fund the amount required for all units sold of such Brand or brand family in any quarter or year;
(g) Current or former tobacco product manufacturer of Brand or brand family failed to submit a complete Certification in any quarter or year;
(h) The nonparticipating manufacturer has underreported or over reported the number of units sold in Wyoming by ten (10) percent or greater;
(i) The tobacco product manufacturer is denied listing or removed from the directory of another state or territory;
(j) The nonparticipating manufacturer failed to fully deposit escrow when due for sales in another state or territory;
(k) The Agency's determination that the tobacco product manufacturer shares common management or ownership with a tobacco product manufacturer or other party that has failed to satisfy its legal obligations under Wyo. Stat. § 9-4-1202, Wyo. Stat. §§ 9-4-1205 through -1210, or the Rules or has failed to satisfy its legal obligations under substantially similar laws of another state;
(l) The tobacco product manufacturer failed to Initiate Sales or Sustain Sales;
(m) The tobacco product manufacturer failed to submit its Certification by April 30th;
(n) The tobacco product manufacturer is not in full compliance with all provisions of local, state and federal law applicable to tobacco product manufacturers;
(o) The tobacco product manufacturer failed to execute sufficient waivers of sovereignty to address any Native American or tribal ownership interests, or any tribal jurisdiction considerations as required by the Agency;
(p) All final judgments and penalties, including interest, costs, and attorney fees thereon, in favor of the State of Wyoming, for violation of any Wyoming statute, rule or other law, including but not limited to violations of Wyo. Stat. § 9-4-1202 or Wyo. Stat. §§ 9-4-1205 through -1210, have not been fully satisfied for the Brand, brand family, or the tobacco product manufacturer;
(q) The tobacco product manufacturer, predecessor or previous tobacco product manufacturer of the Brand or brand family is subject to an injunction by the State of Wyoming for failure to comply with Wyo. Stat. § 9-4-1202 or Wyo. Stat. §§ 9-4-1205 through -1210;
(r) The tobacco product manufacturer failed to use the Agency's current Certification form or failed to submit their Certification electronically, if required by the Attorney General;
(s) A Brand or brand family of the tobacco product manufacturer is shipped to retailers in Wyoming, sold, or offered for sale in Wyoming during any period of time in which the Brand or brand family is not listed in the Directory; or
(t) Any other reason consistent with Wyo. Stat. § 9-4-1202, Wyo. Stat. §§ 9-4-1205 through -1210 and the Rules.
015-2 Wyo. Code R. § 2-2
Adopted, Eff. 1/16/2015.
Amended, Eff. 12/19/2018.