Wyo. Stat. § 16-3-106

Petition for promulgation, amendment or repeal

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of rules.

Any interested person may petition an agency requesting the
promulgation, amendment or repeal of any rule and may accompany
his petition with relevant data, views and arguments. Each
agency may prescribe by rule the form of the petition and the
procedure for its submission, consideration and disposition.
Upon submission of a petition, the agency as soon as practicable
either shall deny the petition in writing (stating its reasons
for the denials) or initiate rulemaking proceedings in
accordance with W.S. 16-3-103. The action of the agency in
denying a petition is final and not subject to review.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1985–2021 · leading case: Walker v. Karpan

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Walker v. Karpan (1986) wyo · cites it 4× “That W.S. § 16-3-106 applies to this Petition for Review and therefore the Agency decision is not subject to review; “and thereby incorrectly decide that the Agency decision be affirmed and the Petition for Review be denied? *85 “5.”

William F. West Ranch, LLC v. Tyrrell (2009) wyo · cites it 2× “[148] Any interested person may petition an ageney for promulgation, amendment or repeal of a rule under § 16-3-106. We recognized the importance of the petition process in Goedert v.”

Chester Loyde Bird v. Robert O. Lampert, in his official capacity as Director of the Wyoming Department of Corrections (2021) wyo “The term includes the amendment or repeal of a prior rule, but does not include: (A) Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; or (B) Rulings issued pursuant to W.S. 16-3-106; or (C)…”

Wheeler v. State (1985) wyo “The term includes the amendment or repeal of a prior rule, but does not include: “(A) Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; or “(B) Rulings issued pursuant to section 6 [§ 16-3-106]…”

Matter of Bessemer Mt. (1993) wyo “§ 16-3-106 (1990), sets forth the procedural authority for rulemaking: Any interested person may petition an agency requesting the promulgation, amendment or repeal of any rule and may accompany his petition with relevant data, views and arguments.”

Goedert ex rel. Wolfe v. State ex rel. Wyoming Workers' Safety & Compensation Division (1999) wyo · cites it 4× “That statute states: Any interested person may petition an agency requesting the promulgation, amendment or repeal of any rule and may accompany his petition with relevant data, views and arguments.”

State v. Stahl (1992) wyo “While these statutes appear to liberalize the common law rules of confined jurisdiction, not one of them goes nearly so far as the state proposes was done through silence by the Wyoming legislature.”

Rissler & McMurry v. Environmental Quality Council (1993) wyo · cites it 2× “The Wyoming Administrative Procedure Act, Wyo.Stat. § 16-3-106 (1990), sets forth the procedural authority for rulemak-ing: Any interested person may petition an agency requesting the promulgation, amendment or repeal of any rule and may accompany his petition with relevant…”

Goedert v. STATE EX REL. WORKERS'SAFETY AND COMP. DIV. (1999) wyo · cites it 4× “That statute states: Any interested person may petition an agency requesting the promulgation, amendment or repeal of any rule and may accompany his petition with relevant data, views and arguments. Each agency may prescribe by rule the form of the petition and the procedure for…”

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