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Wyoming Statutes

Wyo. Stat. § 16-3-102 (2026)

General rulemaking requirements; assistance and

✓ current as of May 2026
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authority of attorney general.

     (a) In addition to other rulemaking requirements imposed
by law, each agency shall:

          (i) Adopt rules of practice setting forth the nature
and requirements of all formal and informal procedures available
in connection with contested cases;

          (ii) Make available for public inspection all rules
and all other written statements of policy or interpretations
formulated, adopted or used by the agency in the discharge of
its functions;

          (iii) Make available for public inspection all final
orders, decisions and opinions.

     (b) No agency rule, order or decision is valid or
effective against any person or party, nor may it be invoked by
the agency for any purpose, until it has been filed with the
registrar of rules and made available for public inspection as
required by this act. This subsection does not apply to orders
or decisions in favor of any person or party with actual
knowledge of the rule, order or decision.

     (c) In formulating rules of practice as required by this
section, each agency may request the assistance of the attorney
general and upon request the attorney general shall assist the
agency or agencies in the preparation of rules of practice.

     (d) The office of administrative hearings shall adopt
uniform rules for the use of state agencies setting forth the
nature and requirements of all formal and informal procedures
available in connection with contested cases.

     (e) The attorney general may repeal administrative rules
of a state agency in accordance with this act if the rules have
become obsolete and no other existing agency has authority to
repeal the rules.
Notes of Decisions
Cited in 14 cases, 1984–2008 · leading case: Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986).
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Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986). · cites it 11× “1977, is not superseded by APA § 16-3-102 because the legislature *227 recodified § 27-3-404 after the most recent revision of § 16-3-102.”
LP v. Natrona Cnty. Dep't of Pub. Assistance & Soc. Servs., 679 P.2d 976 (Wyo. 1984). · cites it 2× “However, the rule was adopted pursuant to the rulemaking procedure set out in §§ 16-3-102 through 16-3-104, W.S. 1977 of the Wyoming Administrative Procedure Act, 11 whereas the manual provision was not subjected to this formal process.”
Wheeler v. State, 705 P.2d 861 (Wyo. 1985). · cites it 6× “Section 16-3-102(a) also provides that the agency shall comply with the rule-making requirements imposed by law.”
Worker's Comp. Claim of Decker v. State Ex Rel. Wyoming Med. Comm'n, 2008 WY 100 (Wyo. 2008). · cites it 2× “See also, § 16-3-102; Rules and Regulations of the Medical Commission § 1 (available at http://soswy.”
Fullmer v. Wyoming Emp. Sec. Comm'n, 858 P.2d 1122 (Wyo. 1993). · cites it 2× “The applicable statutes and regulations supersede W.R.C.P. 6(e). The Commission has the statutory responsibility to promulgate rules “setting forth the nature and requirements of all formal and informal procedures available in connection with contested cases.”
Holly Sugar Corp. v. State Bd. of Equalization, 839 P.2d 959 (Wyo. 1992). · cites it 2× “Whether the failure of the Goshen County Board of Equalization to adopt rules of practice and regulations prescribing contested case procedures under the Wyoming Administrative Procedure Act, as required by Section 16-3-102 W.S., denied appellant due process.”
Frankel v. Bd. of Cnty. Commissioers of Teton Cnty., 2002 WY 13 (Wyo. 2002). · cites it 2× “Apparently, § 5120 constitutes the county's rules of practice and procedure governing contested cases as required by Wyo. Stat. Ann. § 16-3-102 (a) (LexisNex-is 2001).”
Sheneman v. Div. of Workers' Saf. & Comp. Internal Hearing Unit, 956 P.2d 344 (Wyo. 1998). · cites it 2× “] Wyo. Stat. § 16-3-102 (1997) (emphasis added).”
Rosenberger v. City of Casper Bd. of Adjustment, 765 P.2d 367 (Wyo. 1988). · cites it 2× “The special concurrence cited W.S. 16-3-102(a)(i) (October 1982 Repl.) as authority for this position.”
State ex rel. Wyoming Workers' Comp. Div. v. Brown, 805 P.2d 830 (Wyo. 1991). · cites it 2× “16-3-102(a)(i) permits an agency to “[ajdopt rules of practice setting forth the nature and requirements of all formal and informal procedures available in connection with contested cases; * * W.”
Amoco Prod. Co. v. Wyoming State Bd. of Equalization, 899 P.2d 855 (Wyo. 1995). “which is used for valuation purposes; however, we rejected that interpretation in Pathfinder Mines Corporation : This court has not previously required that a valuation system adaptation and pricing mechanisms within the Department require promulgation by the regularized rule…”
Pathfinder Mines Corp. v. State Bd. of Equalization, 766 P.2d 531 (Wyo. 1988). “Essentially, the system appears to have first happened and then continued after initiation without consideration of changed circumstances engendered by the passing of time until 1986.”
Show all 14 citing cases →
— Wyo. Stat. § 16-3-102(a) — 1 case
Wheeler v. State, 705 P.2d 861 (Wyo. 1985). “Section 16-3-102(a) also provides that the agency shall comply with the rule-making requirements imposed by law.”
— Wyo. Stat. § 16-3-102(a)(i) — 7 cases
Fullmer v. Wyoming Emp. Sec. Comm'n, 858 P.2d 1122 (Wyo. 1993). “The applicable statutes and regulations supersede W.R.C.P. 6(e). The Commission has the statutory responsibility to promulgate rules “setting forth the nature and requirements of all formal and informal procedures available in connection with contested cases.”
LP v. Natrona Cnty. Dep't of Pub. Assistance & Soc. Servs., 679 P.2d 976 (Wyo. 1984). “However, the rule was adopted pursuant to the rulemaking procedure set out in §§ 16-3-102 through 16-3-104, W.S. 1977 of the Wyoming Administrative Procedure Act, 11 whereas the manual provision was not subjected to this formal process.”
Rosenberger v. City of Casper Bd. of Adjustment, 765 P.2d 367 (Wyo. 1988). “The special concurrence cited W.S. 16-3-102(a)(i) (October 1982 Repl.) as authority for this position.”
Wheeler v. State, 705 P.2d 861 (Wyo. 1985). “Section 16-3-102(a) also provides that the agency shall comply with the rule-making requirements imposed by law.”
State ex rel. Wyoming Workers' Comp. Div. v. Brown, 805 P.2d 830 (Wyo. 1991). “16-3-102(a)(i) permits an agency to “[ajdopt rules of practice setting forth the nature and requirements of all formal and informal procedures available in connection with contested cases; * * W.”
— Wyo. Stat. § 16-3-102(b) — 3 cases
Wheeler v. State, 705 P.2d 861 (Wyo. 1985). “Section 16-3-102(a) also provides that the agency shall comply with the rule-making requirements imposed by law.”
Amoco Prod. Co. v. Wyoming State Bd. of Equalization, 899 P.2d 855 (Wyo. 1995). “which is used for valuation purposes; however, we rejected that interpretation in Pathfinder Mines Corporation : This court has not previously required that a valuation system adaptation and pricing mechanisms within the Department require promulgation by the regularized rule…”
Pathfinder Mines Corp. v. State Bd. of Equalization, 766 P.2d 531 (Wyo. 1988). “Essentially, the system appears to have first happened and then continued after initiation without consideration of changed circumstances engendered by the passing of time until 1986.”
— Wyo. Stat. § 16-3-102(c) — 1 case
Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986). “1977, is not superseded by APA § 16-3-102 because the legislature *227 recodified § 27-3-404 after the most recent revision of § 16-3-102.”
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