Local Rule Rule 83.6: REVIEW OF ACTION OF ADMINISTRATIVE AGENCIES, BOARDS, COMMISSIONS, AND OFFICERS (INCLUDING SOCIAL SECURITY CASES)
D. Wyo. — Civil rule
Rule 83.6 REVIEW OF ACTION OF ADMINISTRATIVE AGENCIES, BOARDS, COMMISSIONS, AND OFFICERS (INCLUDING SOCIAL SECURITY CASES)
(a) Commencement of Action.
(1) Review of final agency action. Review of an order, decision, rulemaking, or other final action taken or withheld by an administrative agency under an agency's establishing statute or the Administrative Procedure Act shall be commenced by filing a properly denominated complaint or petition for relief as specified by the statute under which relief is requested. The complaint or petition for relief shall include:
(A) identification of the final agency action or part thereof being challenged;
(B) factual allegations relating to the grounds on which the agency action is being challenged; and
(C) the legal basis for subject matter jurisdiction for plaintiff/petitioner entitlement to relief.
If two or more persons are entitled to seek judicial review of the same order and their interests are such as to make joinder proper, they may file a joint pleading. As used in this rule, the term "agency" includes any federal agency, board, commission, or officer.
(2) Social Security Cases.
(A) Review of a decision of the Commissioner of Social Security shall be commenced by filing a "Complaint and Petition for Review" identifying the specific order or decision for which review is sought and the date that order or decision was issued;
(B) In responding to the complaint, the Commissioner shall file a certified copy of the transcript of the relevant administrative record and any affirmative defense, which if not then filed, shall be waived.
(3) Service of Process. Service of process shall be in the manner provided by Fed. R. Civ. P. 4, unless a different manner of service is prescribed by an applicable statute.
(4) The responding party need not file an answer to the complaint/petition.
(5) If the parties disagree over the applicability of this rule to their case, or if a case involves unusually complicated or out-of-the-ordinary claims warranting modifications to the requirements of this rule, a party shall request as promptly as possible after service of process, and no later than 30 days before the deadline for filing the record under subsection (b) of this rule, an initial scheduling conference with the Court for resolution of such issues.
(b) Administrative Record.
(1) Composition of the record. Unless the applicable statute provides otherwise, the record in proceedings to review agency action is comprised of:
(A) the final agency action being challenged;
(B) all documents and materials directly or indirectly considered by the agency and/or agency decision-makers; and
(C) if existing, the pleadings, evidence, and proceedings before the agency.
(2) Filing of the record. Unless a different time is provided by statute or otherwise ordered by the Court, the agency shall file the record with the Clerk of Court within ninety (90) days of proper service of the complaint or petition for review (sixty (60) days for Social Security case). The record shall be consecutively numbered and contain an index including the date and description of the document(s). To the extent practicable, the record shall be provided to the Court in text searchable format and the agency shall provide a log describing any document(s) withheld under a claim of privilege, including a claim that the document(s) reflect the deliberative process of the agency.
(3) Supplementation of the record. Supplementation of the record will be allowed only upon leave of Court. Any request for completion of the record, or for consideration of extra-record evidence, must be filed within fourteen (14) days after the record was filed. Local Rule 7.1(b), pertaining to briefing of non-dispositive motions, shall apply. Extra-record evidence will be considered only in extremely limited circumstances.
(c) Briefing Schedule. Unless otherwise ordered by the Court, the party seeking review must serve and file an opening brief within forty-five (45) days after the date on which the record is filed. If a motion is filed under (b)(3) of this rule, plaintiff/petitioner must serve and file an opening brief within forty-five (45) days after the date either (1) a supplemental record is filed; or (2) the motion is denied. The responding party must serve and file a brief within thirty (30) days after service of the opening brief. The plaintiff/petitioner may serve and file a reply brief within fourteen (14) days after service of the responsive brief. Unless otherwise ordered by the Court, briefs shall be filed in accordance with Fed. R. App. P. 32(a)(4) through (a)(7). The Court may render a decision upon the briefs and the record without oral argument unless the Court grants a request for oral argument.
(d) Amicus Briefs. Unless otherwise ordered by the Court, motions for leave to file and the filing of amicus briefs shall be governed by Fed. R. App. P. 29.
(e) Motions to Intervene. Unless a statute provides another method, intervention of parties shall be governed by Fed. R. Civ. P. 24. If there is more than one intervening party, joint briefing shall be governed by 10th Cir. R. 31.3.
(f) Injunctions and Restraining Orders. Requests for injunctive relief in proceedings under this rule shall be governed by Fed. R. Civ. P. 65 and 65.1.
(g) Motions for Summary Judgment. Motions for summary judgment shall not be filed.
(h) Serving and Filing Pleadings and Other Papers. The parties to any proceedings governed by this rule shall give the same notice of the filing of pleadings, records and other documents as is required by Fed. R. Civ. P. 5.