Ahlenius v. WYOMING BOARD OF PROFESSIONAL GEOLOGISTS

2 P.3d 1058, 2000 Wyo. LEXIS 114, 2000 WL 490688
CourtWyoming Supreme Court
DecidedApril 27, 2000
Docket99-118
StatusPublished
Cited by4 cases

This text of 2 P.3d 1058 (Ahlenius v. WYOMING BOARD OF PROFESSIONAL GEOLOGISTS) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ahlenius v. WYOMING BOARD OF PROFESSIONAL GEOLOGISTS, 2 P.3d 1058, 2000 Wyo. LEXIS 114, 2000 WL 490688 (Wyo. 2000).

Opinion

GOLDEN, Justice.

In this case, we consider whether an applicant's request for a professional geologist license under a statutory grandfather clause waiving examination requirements can be denied because the applicant had previously failed an optional examination. Appellant Kathleen M. Ablenius' (Ablenius) application under the grandfather clause of Wyo. Stat. Ann. § 83-41-111(b) (LEXIS 1999) waiving examination requirements was denied by Ap-pellee, the Wyoming Board of Professional Geologists (Board), and she appeals on grounds that the Board has exceeded its statutory authority and violated equal protection guarantees.

We reverse the Board's decision for violating its statutory authority and have no need, therefore, to address the constitutional claim. We remand for approval of Ablenius' application.

ISSUES

Ahlenius presents these issues for our review:

I. Whether the Wyoming Board of Professional Geologists acted arbitrarily, capriciously, abused its discretion and/or otherwise acted not in accordance with the law, or in excess of statutory jurisdiction, authority or limitations or lacking statutory right, by denying Appellant's application based on her previous failure of one of the exams normally required for licensing as a Professional Geologist, after Appellee had waived the examination requirement pursuant to Wyo. Stat. § 38-41-111(b).
II. Whether the Wyoming Board of Professional Geologists acted contrary to constitutional right, power, privilege, or immunity in denying Appellant equal protection under the law contrary to the 14 !" Amendment of the United States Constitution and Article I, Clauses 3 and 6, of the Wyoming Constitution by requiring her to take the examinations they waived for all others who had not previously taken the exams.

The Board restates the issues as:

I. The Board acted within its discretion when it denied Appellant's application for licensure based on her failure of a board exam and therefore the board's decision is not arbitrary, capricious, an abuse of discretion or otherwise contrary to law.
II. The Board did not violate Ahleniug' constitutional right to equal protection *1060 when it denied her application for licensure based on her failure of a board exam.

FACTS

Ahlenius has worked in the Geology Program at the Wyoming Department of Transportation since November of 1998. Before 1997, those practicing geology were eligible to designate themselves with the title "professional geologist" before the public by either passing two examinations or acquiring the requisite education and experience. Wyo. Stat. Anu. § 38-41-111 (Michie Cum. Supp.1996). In 1995, Ahlenius lacked the requisite experience to receive the designation and took the first of the two required examinations. She did not pass it and did not retake the examination.

In 1997, the legislature amended the statute to create a "licensing" statute. 1997 Wyo. Sess. Laws, Ch. 170 § 1. The change now required a license to practice geology before the public, whereas before licensing was required only to use the professional geologist designation. With respect to licen-sure, the statute was amended to require successful completion of examinations; however, the statute gave the Board the power to create a grandfathering window for licensing as a professional geologist without meeting the examination requirements. Wyo. Stat. Ann. § 83-41-l11(a)(iii), (b) (LEXIS 1999)

On April 14, 1998, Ahblenius had the required number of years of experience to become a professional geologist under the 1997 statute and filed an application for licensing as a professional geologist without examination. Along with 870 other applications, she requested waiver of the examination requirements for designation as a professional geologist. The Board denied her application, stating as its sole reason that Ablenfus had taken but not passed the first of the two examinations. Ahlenius appealed that decision, and a hearing was held.

. It was established at the hearing that the Board had approved over 500 applications under the grandfather clause based on education, experience, and references, and more were pending. None had taken the two exams normally required. It was established that Ablenius met the education, experience, and reference requirements, but was denied solely because of the failed exam years earlier. The decision to deny her a license without passing both examinations was upheld, and a petition for review was filed with the district court, which certified the case to this Court pursuant to W.R.A.P. 12.09.

DISCUSSION

Standard of Review

The right of judicial review of an administrative decision is statutory. Basin Elec. Power Co-op., Inc. v. Dep't of Revenue, 970 P.2d 841, 847 (Wyo.1998). When a case is certified to this Court pursuant to WRAP. 12.09, we examine the decision of the administrative ageney as if we were the reviewing court of the first instance. The authority vested in a reviewing court is set forth in Wyo. Stat. Ann. § 16-8-114(c)@) as follows:

(#) [The reviewing court may] [hlold unlawful and set aside agency action, findings and conclusions found to be:
(A) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;
(B) Contrary to constitutional right, power, privilege or immunity;
(C) In excess of statutory jurisdiction, authority or limitations or lacking statutory right;
(D) Without observance of procedure required by law; or
(E) Unsupported by substantial evidence in a case reviewed on the record of an agency hearing provided by statute.

Montana Dakota Utilities Co. v. Public Service Comm'n of Wyoming, 847 P.2d 978, 983 (Wyo.1993).

Ablenius contends that the Board did not have statutory authority to exclude her application solely because she had previously failed one examination. The Board contends that the statute unambiguously granted it the discretion to waive the successful completion of examination requirements on a case-by-case basis. Statutory *1061 interpretation presents a question of law. Parker Land and Cattle Co. v. Wyo. Game and Fish Comm'n, 845 P.2d 1040, 1042 (Wyo.1993). In reviewing questions of law, however, we do not defer to the agency's decision. If the conclusion of law is in accordance with law, we affirm it; if it is not, we correct it. Frank v. State By and Through Wyoming Bd. of Dental Examiners, 965 P.2d 674, 677 (Wyo.1998); Heiss v. City of Casper Planning and Zoning Comm'n, 941 P.2d 27, 29 (Wyo.1997).

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2 P.3d 1058, 2000 Wyo. LEXIS 114, 2000 WL 490688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahlenius-v-wyoming-board-of-professional-geologists-wyo-2000.