Section 3-5 - Promulgating Rules (a) When the Department initiates rulemaking, it shall file the following with the Council: - (i) Strike and underscore and clean copies of the proposed rule;
- (ii) Proposed Statement of Principal Reasons for adopting the proposed rule;
- (iii) Copies of all public comments received to date and proposed responses, if applicable;
- (iv) Record or minutes of any public hearings or meetings conducted by the Department and the affected advisory board or boards;
- (v) Statement from the Director indicating that the proposed rule was recommended for adoption by the affected advisory board or boards through the affected division administrator or administrators;
- (vi) Recommendation from the Director that the Council adopt the proposed rule; and
- (vii) Any additional materials that the Department believes are necessary to explain the contents of the proposed rule.
(b) When initiating rulemaking, the Department shall provide the Council with an index of materials relied upon to develop the proposed rule. - (i) The Department may update the index until the public comment period on the proposed rule, as required by W.S. 16-3-103(a)(i), is closed. After the comment period is closed, the Department may only update the index with responses to comments.
- (ii) All indexed materials shall be open for inspection by any person at reasonable times during business hours of the Department.
(c) In the case of judicial review of any rule adopted by the Council, all indexed materials shall be included in the administrative record submitted to the court, together with any additional materials considered by the Council during rulemaking hearings.