Wyo. R. App. P. 11.07 (2026)

Rule 11.07. Opinion [Repealed].

Repealed April 6, 2015, effective July 1, 2015.

Rule 11.07 WYOMING COURT RULES 76

12. JUDICIAL REVIEW OF ADMINISTRATIVE ACTION Rule governs procedural aspect of re- agency was the proper forum for an initial view. — With limited exceptions, this rule review of a challenge to a tax assessment. governs the procedural aspect of review of ad- Union Pac. Resources Co. v. State, 839 P.2d 356, ministrative actions, and such review is to be 1992 Wyo. LEXIS 135 (Wyo. 1992). accomplished in accordance with the Wyoming Court without jurisdiction to decide Administrative Procedure Act. Board of County compensatory taking action. — The legisla- Comm’rs v. Teton County Youth Servs., 652 P.2d ture has charged the Environmental Quality 400, 1982 Wyo. LEXIS 393 (Wyo. 1982). Council with the responsibility for approving or Rule is exclusive means of seeking judi- denying applications for mining permits and cial review of final administrative action. until its determination has been rendered, the — Department of Revenue & Taxation v. courts do not have jurisdiction under § 35-11- Casper Legion Baseball Club, 767 P.2d 608, 1001(b) to make a decision on a compensatory 1989 Wyo. LEXIS 12 (Wyo. 1989). taking action or entertain an appeal from the Substantial evidence must support ad- denial of an application for a permit under ministrative decision. — Courts will not sub- § 16-3-114 and this rule. Rissler & McMurry stitute their judgment for that of a particular Co. v. State, 917 P.2d 1157, 1996 Wyo. LEXIS 87 board or commission, but its decision must be (Wyo. 1996), reh’g denied, 1996 Wyo. LEXIS supported by substantial evidence or there is 109 (Wyo. July 16, 1996), cert. denied, 519 U.S. an error of law. Sage Club v. Employment Sec. 1091, 117 S. Ct. 765, 136 L. Ed. 2d 712, 1997 Comm’n, 601 P.2d 1306, 1979 Wyo. LEXIS 479 U.S. LEXIS 532 (U.S. 1997). (Wyo. 1979). Standing of county assessor. — County Authority of administrative agencies. — assessor lacked standing to appeal decision of Administrative agencies have no authority to State Board of Equalization under the Wyo- determine the constitutionality of a statute and ming Administrative Procedure Act, as defini- on appeal of agency action, neither the district tion of “person” under § 16-3-101 excludes court nor the Wyoming Supreme Court has agencies, and county assessor is county officer jurisdiction to consider such an issue; however, under § 18-3-102. Rule 12 of the Wyoming the right to pursue the constitutionality of the Rules of Appellate Procedure provides the same statute under which the agency acted is pre- rights as the Wyoming Administrative Proce- served in W.R.A.P. 12.12, via a declaratory dure Act, and therefore cannot be the basis for judgment action. Thus, declaratory judgment the county assessor’s standing to appeal a de- was the proper course of action for the em- cision of the State Board of Equalization. ployee, an illegal alien who was denied benefits, Brandt v. TCI Cablevision, 873 P.2d 595, 1994 and who challenged the constitutionality of Wyo. LEXIS 51 (Wyo. 1994). Wyo. Stat. Ann. § 27-14-102(a)(vii). Torres v. Commission’s final decision to be re- State ex rel. Wyo. Workers’ Safety & Comp. viewed by district court. — The employment Div., 2004 WY 92, 95 P.3d 794, 2004 Wyo. security commission’s final decision is the deci- LEXIS 119 (Wyo. 2004). sion to be reviewed by the district court under “Substantial evidence” means such rel- this rule, not those decisions which were made evant evidence as reasonable mind might ac- at intermediate stages in the process. Wyoming cept as adequate to support conclusion. Sage Dep’t of Employment, Div. of Unemployment Club v. Employment Sec. Comm’n, 601 P.2d Ins. v. Risser & McMurry Co., 837 P.2d 686, 1306, 1979 Wyo. LEXIS 479 (Wyo. 1979). 1992 Wyo. LEXIS 132 (Wyo. 1992). Failure to exhaust administrative rem- Unemployment Insurance Commission edies. — Under Wyo. Stat. Ann. § 16-3-114(a) is final authority. — The Unemployment In- and W.R.A.P. 12, where appellant’s social work surance Commission is the final agency adjudi- license renewal was denied because it was a cating authority; the Commission’s final deci- day late, and he later applied for re-licensure, sion is the decision to be reviewed by the appellant was not entitled to judicial review of district court under this rule, not those deci- the original denial because the application for sions which were made at intermediate stages re-licensure was a separate application, and in the process. City of Casper v. Wyoming Dep’t appellant had not exhausted administrative of Employment, Unemployment Ins. Div., 851 remedies in response to the original denial. In P.2d 1, 1993 Wyo. LEXIS 77 (Wyo. 1993). re Licensure of Jerry Penny v. State ex rel. Wyo. Failure to join necessary party not juris- Mental Health Professions Licensing Bd., 2005 dictional defect. — The appellant’s failure to WY 117, 120 P.3d 152, 2005 Wyo. LEXIS 142 name, join or serve the appellee in an initial (Wyo. 2005). petition for review of a decision by the Depart- Agency proper forum for challenging ment of Employment, Employment Services tax assessment. — A taxpayer was required to Division denying unemployment benefits was exhaust administrative remedies before bring- not a jurisdictional defect requiring dismissal ing a declaratory judgment action; a constitu- of the petition for review and any procedural tionally-established and statutorily-directed defect in the petition for review was remedied

77 RULES OF APPELLATE PROCEDURE Rule 12.01

when the appellant, without unnecessary delay, Review of certified case. — Wyoming Pub- served the appellee with a copy of the petition lic Service Commission’s order granting oil for review. Bridge v. Department of Employ- company’s request to abandon its oil-gathering ment, 896 P.2d 759, 1995 Wyo. LEXIS 88 (Wyo. facilities was affirmed where the order was 1995). appropriately based upon the consideration of Appeal challenging jurisdiction of in- the public good, convenience, and necessity and dustrial siting council. — By rule, the indus- was supported by substantial evidence. Sinclair trial siting council (ISC) has created a proce- Oil Corp. v. Wyo. PSC, 2003 WY 22, 63 P.3d 887, dure apart from the permit process by which its 2003 Wyo. LEXIS 24 (Wyo. 2003).