Wyoming Administrative Code Agency 077 - Enterprise Technology Services
Wyoming Administrative Code (WAC) Agency 077 - Enterprise Technology Services (ETS)
Overview:
The Wyoming Enterprise Technology Services (ETS) is the state agency responsible for providing and managing IT services for the government of Wyoming. It operates under the Wyoming Administrative Code (WAC), specifically under Agency 077, which establishes rules and regulations governing the use of technology services, including cybersecurity, data management, infrastructure, and IT governance.
Key Functions and Provisions of ETS (Agency 077):
IT Governance and Policy Setting:
ETS formulates statewide IT policies and standards to ensure secure, reliable, and efficient use of technology resources.
This includes guidelines on data security, network management, and procurement of technology solutions.
Technology Infrastructure Management:
ETS oversees the maintenance and operation of core IT infrastructure, such as data centers, state networks, and cloud services.
Ensures all state agencies comply with statewide IT architecture standards.
Cybersecurity:
The agency enforces cybersecurity policies to protect state data from unauthorized access, breaches, or cyberattacks.
It mandates periodic security assessments and compliance audits across all state agencies.
IT Service Delivery:
ETS provides centralized services like help desks, software application hosting, and user support.
Encourages cost efficiency by consolidating technology services.
Compliance and Enforcement:
Agency 077 contains rules for enforcement, including penalties for non-compliance with technology policies.
It also sets procedures for addressing technology-related grievances or disputes within state government.
Important Regulatory Elements in Agency 077:
Rulemaking Authority:
ETS has authority to promulgate administrative rules relating to IT management and operations.
Procurement Rules:
Rules about procurement processes for IT contracts to promote transparency and fairness.
Data Privacy and Access:
Defines parameters for managing sensitive information and public records in compliance with Wyoming laws.
Relevant Case Law Context (Hypothetical Examples to Illustrate):
While Wyoming-specific ETS case law is limited, principles from administrative law and technology-related cases provide insight into how such agencies are interpreted in court.
Agency Authority and Rulemaking:
Case Principle: Courts generally uphold agency rules if they fall within the scope of authority granted by the legislature.
Example: If ETS enacts a cybersecurity rule, a Wyoming court would verify if the Wyoming legislature authorized ETS to govern IT security. If ETS acted beyond its statutory authority, courts could invalidate those rules.
Due Process and Administrative Actions:
Case Principle: Agencies must provide fair procedures before enforcing penalties or sanctions.
Example: If ETS imposes sanctions on a state agency or contractor for violating IT policies, affected parties have a right to notice and a hearing.
Contract Disputes Related to IT Procurement:
Case Principle: Disputes arising from IT contracts overseen by ETS are subject to administrative and judicial review under procurement laws.
Example: A vendor challenging a contract award decision made under ETS rules would need to demonstrate the agency’s failure to follow its own procurement procedures.
Data Privacy and Public Records Access:
Case Principle: Conflicts can arise between ETS's efforts to secure data and public access rights under Wyoming’s public records laws.
Example: A court might balance transparency against confidentiality when determining if ETS must release certain digital records.
Summary
Wyoming Administrative Code Agency 077 establishes ETS as the central IT service provider for state government, setting rules for technology governance, cybersecurity, service delivery, and compliance.
The agency’s authority and rules are subject to legislative grant and judicial review.
Key legal issues often involve administrative authority, procedural fairness, procurement disputes, and data privacy considerations.
While Wyoming-specific case law on ETS is sparse, principles from administrative law and technology-related cases guide interpretation and enforcement of these rules.
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