Rule 11.07 Opinion [Repealed]

Repealed April 6, 2015, effective July 1, 2015. 12. JUDICIAL REVIEW OF ADMINISTRATIVE ACTION Rule governs procedural aspect of review. — With limited exceptions, this rule governs the procedural aspect of review of administrative actions, and such review is to be accomplished in accordance with the Wyoming Administrative Procedure Act. Board of County Comm’rs v. Teton County Youth Servs., 652 P.2d 400, 1982 Wyo. LEXIS 393 (Wyo. 1982). Rule is exclusive means of seeking judicial review of final administrative action. — Department of Revenue & Taxation v. Casper Legion Baseball Club, 767 P.2d 608, 1989 Wyo. LEXIS 12 (Wyo. 1989). Substantial evidence must support administrative decision. — Courts will not substitute their judgment for that of a particular board or commission, but its decision must be supported by substantial evidence or there is an error of law. Sage Club v. Employment Sec. Comm’n, 601 P.2d 1306, 1979 Wyo. LEXIS 479 (Wyo. 1979). Authority of administrative agencies. — Administrative agencies have no authority to determine the constitutionality of a statute and on appeal of agency action, neither the district court nor the Wyoming Supreme Court has jurisdiction to consider such an issue; however, the right to pursue the constitutionality of the statute under which the agency acted is preserved in W.R.A.P. 12.12, via a declaratory judgment action. Thus, declaratory judgment was the proper course of action for the employee, an illegal alien who was denied benefits, and who challenged the constitutionality of Wyo. Stat. Ann. § 27-14-102(a)(vii). Torres v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 2004 WY 92, 95 P.3d 794, 2004 Wyo. LEXIS 119 (Wyo. 2004). “Substantial evidence” means such relevant evidence as reasonable mind might accept as adequate to support conclusion. Sage Club v. Employment Sec. Comm’n, 601 P.2d 1306, 1979 Wyo. LEXIS 479 (Wyo. 1979). Failure to exhaust administrative remedies. — Under Wyo. Stat. Ann. § 16-3-114(a) and W.R.A.P. 12, where appellant’s social work license renewal was denied because it was a day late, and he later applied for re-licensure, appellant was not entitled to judicial review of the original denial because the application for re-licensure was a separate application, and appellant had not exhausted administrative remedies in response to the original denial. In re Licensure of Jerry Penny v. State ex rel. Wyo. Mental Health Professions Licensing Bd., 2005 WY 117, 120 P.3d 152, 2005 Wyo. LEXIS 142 (Wyo. 2005). Agency proper forum for challenging tax assessment. — A taxpayer was required to exhaust administrative remedies before bringing a declaratory judgment action; a constitutionally-established and statutorily-directed agency was the proper forum for an initial review of a challenge to a tax assessment. Union Pac. Resources Co. v. State, 839 P.2d 356, 1992 Wyo. LEXIS 135 (Wyo. 1992). Court without jurisdiction to decide compensatory taking action. — The legislature has charged the Environmental Quality Council with the responsibility for approving or denying applications for mining permits and until its determination has been rendered, the courts do not have jurisdiction under § 35-11- 1001(b) to make a decision on a compensatory taking action or entertain an appeal from the denial of an application for a permit under § 16-3-114 and this rule. Rissler & McMurry Co. v. State, 917 P.2d 1157, 1996 Wyo. LEXIS 87 (Wyo. 1996), reh’g denied, 1996 Wyo. LEXIS 109 (Wyo. July 16, 1996), cert. denied, 519 U.S. 1091, 117 S. Ct. 765, 136 L. Ed. 2d 712, 1997 U.S. LEXIS 532 (U.S. 1997). Standing of county assessor. — County assessor lacked standing to appeal decision of State Board of Equalization under the Wyoming Administrative Procedure Act, as definition of “person” under § 16-3-101 excludes agencies, and county assessor is county officer under § 18-3-102. Rule 12 of the Wyoming Rules of Appellate Procedure provides the same rights as the Wyoming Administrative Procedure Act, and therefore cannot be the basis for the county assessor’s standing to appeal a decision of the State Board of Equalization. Brandt v. TCI Cablevision, 873 P.2d 595, 1994 Wyo. LEXIS 51 (Wyo. 1994). Commission’s final decision to be reviewed by district court. — The employment security commission’s final decision is the decision to be reviewed by the district court under this rule, not those decisions which were made at intermediate stages in the process. Wyoming Dep’t of Employment, Div. of Unemployment Ins. v. Risser & McMurry Co., 837 P.2d 686, 1992 Wyo. LEXIS 132 (Wyo. 1992). Unemployment Insurance Commission is final authority. — The Unemployment Insurance Commission is the final agency adjudicating authority; the Commission’s final decision is the decision to be reviewed by the district court under this rule, not those decisions which were made at intermediate stages in the process. City of Casper v. Wyoming Dep’t of Employment, Unemployment Ins. Div., 851 P.2d 1, 1993 Wyo. LEXIS 77 (Wyo. 1993). Failure to join necessary party not jurisdictional defect. — The appellant’s failure to name, join or serve the appellee in an initial petition for review of a decision by the Department of Employment, Employment Services Division denying unemployment benefits was not a jurisdictional defect requiring dismissal of the petition for review and any procedural defect in the petition for review was remedied when the appellant, without unnecessary delay, served the appellee with a copy of the petition for review. Bridge v. Department of Employment, 896 P.2d 759, 1995 Wyo. LEXIS 88 (Wyo. 1995). Appeal challenging jurisdiction of industrial siting council. — By rule, the industrial siting council (ISC) has created a procedure apart from the permit process by which its jurisdiction over the construction of an industrial facility may be challenged. Under it, the ISC jurisdiction may be challenged by filing an application for a certificate of insufficient jurisdiction. The district court has jurisdiction to entertain an appeal from the denial by the ISC of a certificate of insufficient jurisdiction. Industrial Sitting Council v. Chicago & N. W. Transp. Co., 660 P.2d 776, 1983 Wyo. LEXIS 292 (Wyo. 1983). School teacher unlawfully discharged after administrative action may seek damages for his discharge in a state court proceeding. Spiegel v. School Dist., 600 F.2d 264, 1979 U.S. App. LEXIS 14003 (10th Cir. Wyo. 1979), overruled in part, Garcia v. Wilson, 731 F.2d 640, 1984 U.S. App. LEXIS 24023 (10th Cir. N.M. 1984). Review of certified case. — Wyoming Public Service Commission’s order granting oil company’s request to abandon its oil-gathering facilities was affirmed where the order was appropriately based upon the consideration of the public good, convenience, and necessity and was supported by substantial evidence. Sinclair Oil Corp. v. Wyo. PSC, 2003 WY 22, 63 P.3d 887, 2003 Wyo. LEXIS 24 (Wyo. 2003).