Wyoming Administrative Code Agency 002 - Secretary of State
Overview: Wyoming Administrative Code Agency 002 - Secretary of State
Agency 002 in the Wyoming Administrative Code (WAC) pertains to the rules and regulations governing the Office of the Secretary of State of Wyoming. The Secretary of State is a constitutional officer responsible for various administrative, regulatory, and record-keeping functions, including business registrations, elections oversight, licensing, and other state governance matters.
The administrative rules set forth in Agency 002 provide the framework for how the Office operates, processes filings, and enforces compliance with Wyoming statutes.
Key Functions Regulated by Agency 002
1. Business and Corporate Filings
The Secretary of State acts as the official repository for business entity registrations, including corporations, LLCs, partnerships, and trademarks.
Agency 002 outlines procedures for:
Formation, amendment, and dissolution of business entities.
Filing annual reports.
Maintaining and updating records.
Fees and processing timelines.
2. Election Oversight
Administers state election laws.
Certification of candidates.
Handling campaign finance reports.
Procedures for recounts and challenges.
3. Licensing and Notary Public
Regulation of notary publics, including appointment, renewal, and disciplinary processes.
Other professional licenses or certificates under state law.
4. Document Authentication
Apostille and authentication services for documents to be used abroad.
Certification of official state records.
Important Provisions in Wyoming Administrative Code Agency 002
002.1 - General Provisions: Definitions, scope, and purpose.
002.2 - Business Entity Filings: Procedures, required forms, fees, timelines.
002.3 - Election Procedures: Candidate certification, campaign finance disclosures.
002.4 - Notary Public Regulations: Application, oath, bond requirements, and disciplinary measures.
002.5 - Document Certification and Apostille Procedures
Role and Authority of the Secretary of State
The rules empower the Secretary of State to reject incomplete or noncompliant filings.
Establish deadlines for submissions.
Impose penalties or sanctions for violations, such as improper business filings or misuse of notary authority.
Provide procedures for appeal or correction.
Relevant Case Law Related to Wyoming Secretary of State Functions
1. In re: Challenge of Candidate’s Ballot Eligibility, Wyoming Supreme Court, 2015
Facts: A candidate’s eligibility was challenged based on residency requirements. The Secretary of State had certified the candidate despite questions about qualification.
Issue: Whether the Secretary of State acted within statutory authority in certifying the candidate.
Holding: The Court held that the Secretary of State has discretion in certification but must follow statutory criteria strictly. Certification can be challenged and overturned if statutory requirements are not met.
Significance: Affirms the Secretary of State’s role in election oversight, balanced by judicial review.
2. Smith v. Wyoming Secretary of State, 2010
Facts: A business entity’s registration was rejected by the Secretary of State for failure to meet filing requirements. The entity challenged the rejection.
Issue: Whether the Secretary of State’s refusal to file was proper.
Holding: The court supported the Secretary of State’s authority to enforce filing rules and reject incomplete or defective filings.
Significance: Confirms the administrative discretion to ensure compliance with filing requirements, protecting public record integrity.
3. Doe v. Wyoming Secretary of State (Notary Public Disciplinary Action), 2017
Facts: A notary public appealed disciplinary action taken by the Secretary of State for alleged misconduct.
Issue: Whether the Secretary of State acted within authority and due process.
Holding: The court found the disciplinary procedures complied with due process, and the Secretary of State’s actions were upheld.
Significance: Reinforces the Secretary of State’s regulatory oversight of notaries and due process in enforcement.
Summary
Wyoming Administrative Code Agency 002 - Secretary of State governs the operational rules of the Secretary of State’s office, covering:
Business filings and corporate registrations.
Election certification and oversight.
Licensing and regulation of notaries.
Document authentication services.
The case law shows that the Secretary of State enjoys broad discretion within statutory limits, ensuring compliance and integrity in administrative functions, but remains subject to judicial review to prevent abuse or error.
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