Butts v. Wyoming State Board of Architects

911 P.2d 1062, 1996 Wyo. LEXIS 28, 1996 WL 78455
CourtWyoming Supreme Court
DecidedFebruary 26, 1996
Docket95-106
StatusPublished
Cited by33 cases

This text of 911 P.2d 1062 (Butts v. Wyoming State Board of Architects) 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
Butts v. Wyoming State Board of Architects, 911 P.2d 1062, 1996 Wyo. LEXIS 28, 1996 WL 78455 (Wyo. 1996).

Opinion

GOLDEN, Chief Justice.

Kenneth L. Butts (Butts) appeals the Wyoming State Board of Architects and Landscape Architects (Board) decision to suspend his Wyoming architect license for a violation of Wyo.Stat. § 33-4-115(a)(vii). The decision was based on the lifetime suspension of Butts’ architect license by the state of Kentucky pursuant to a settlement agreement between Butts and the state of Kentucky.

We affirm.

ISSUES

Butts presents the following issues:

1. ■ Whether the Wyoming Statutes and Board rules provided sufficient due process notice concerning the nature and elements of the offense of “plan stamping.”
2. ' Was it arbitrary, capricious and an abuse of discretion for the Wyoming board to rubber stamp the Kentucky result without determining whether the same conduct violates the Wyoming statute and rules.
3. Whether the Board order is supported by substantial evidence.

The Board reiterates the issues recited by the district court in its Order Certifying Case to the Wyoming Supreme Court, taken from Butts’ Petition for Review. We accepted and certified this case based upon that order. 1

I. Whether the Board abused its discretion by following the mandatory provisions of its rules, Chapter XIII, Section 12.
II. Whether the Board’s decision is supported by substantial evidence.
III. Whether the Wyoming Architect and Landscape Architect Practice Act, W.S. § 33-4-101, et seq., and board rules, provide due process notice that a settlement agreement and order entered-in another state might result in the loss of licensure to practice in Wyoming.

*1064 FACTS

Butts was previously licensed to practice architecture in all fifty states. He made his living reviewing architectural plans for stores in malls across the country and reviewing plans for prototypical buildings erected by major franchises.

Butts faced disciplinary action in Kentucky before the Kentucky Board of Examiners and Registration of Architects (Kentucky Board) for “plan stamping” in violation of K.R.S. 323.120(l)(f). Butts and the Kentucky Board entered into a settlement agreement and order in November, 1993. Butts did not admit or deny the truthfulness of the allegations or that his conduct was inappropriate in the settlement agreement and order. However, Butts agreed to suspension of his license until the end of his current licensure period, which ended June 30, 1994, agreed not to attempt to renew his license in Kentucky, and was fined one thousand dollars.

The National Council of Architectural Registration Boards revoked its certification of Butts due to the Kentucky suspension and notified the Wyoming Board’s administrator of the disciplinary action taken in Kentucky. Having heard of the Kentucky action, the administrator asked for and obtained certified copies of the notice of hearing, investigation memorandum and the settlement agreement and order for the Kentucky action. Based on the information from Kentucky, the Board filed a formal complaint against Butts, charging him with violating Wyo.Stat. § 33-4-115(a)(v) and (vii). 2 The Board noticed and held a hearing based on the charges against Butts in Wyoming. The Board received into evidence a certified copy of the Kentucky settlement and order, an investigation memorandum from Kentucky, several exhibits presented by Butts in mitigation of the Kentucky “plan stamping” charge and testimony from Butts and one of his colleagues in Kentucky.

The Board suspended Butts’ architect license in Wyoming until December 31, 1995, and ordered that his license not be considered for reinstatement for a minimum of three years from that date. The Board based the suspension on a violation of Wyo. Stat. § 33-4r-115(a)(vii) and Board Rules, Chapter XI, Section 1(g), 3 because the Kentucky settlement agreement and order suspended his license in Kentucky. Butts filed a petition for review to the district court. The district court certified the issues to this Court pursuant to Wyo.R.App.P. 12.09(b).

STANDARD OF REVIEW

Wyo.Stat. § 33-4-108 (Supp.1995) provides: “All decisions of the board involving the granting, denial, renewal, revocation, suspension or withdrawal of a license shall be conducted pursuant to the provisions of the Wyoming Administrative Procedure Act.” Therefore, judicial review of the actions of the Board is made pursuant to the Wyoming Administrative Procedure Act. In Devous v. Board of Medical Examiners, 845 P.2d 408 (Wyo.1993), we described the scope of appellate review for agency actions conducted pursuant to the Wyoming Administrative Procedure Act. We began by quoting the statutory language of Wyo.Stat. § 16-3-114(c) (1990):

To the extent necessary to make a decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory *1065 provisions, and determine the meaning or applicability of the terms of an agency action. In making the following determinations, the court shall review the whole record or those parts of it cited by a party and due account shall be taken of the rule of prejudicial error. The reviewing court shall:
(i) Compel agency action unlawfully withheld or unreasonably delayed; and
(ii) Hold 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.

Devous, 845 P.2d at 414.

An agency’s factual finding will be set aside if it is not supported by substantial evidence. Id. “This court will defer to a hearing officer’s findings of basic fact if there is substantial evidence and will not substitute our judgment for that of an agency.” City of Casper v. Haines, 886 P.2d 585, 587 (Wyo. 1994). We have defined substantial evidence as:

relevant evidence which a reasonable mind might accept in support of the conclusions of the agency. The entire record is to be examined to determine if there is substantial evidence to support the agency’s findings.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anusavice v. Board of Registration in Dentistry
889 N.E.2d 953 (Massachusetts Supreme Judicial Court, 2008)
Ramirez v. Board of Registration in Medicine
806 N.E.2d 410 (Massachusetts Supreme Judicial Court, 2004)
Board of County Commissioners v. City of Cheyenne
2004 WY 16 (Wyoming Supreme Court, 2004)
Khan v. State Board of Auctioneer Examiners
842 A.2d 936 (Supreme Court of Pennsylvania, 2004)
Yeager v. Forbes
2003 WY 134 (Wyoming Supreme Court, 2003)
BP America Production Co. v. Madsen
2002 WY 135 (Wyoming Supreme Court, 2002)
In Re Deromedi
2002 WY 69 (Wyoming Supreme Court, 2002)
In Re Appeal of Shelley Deromedi
2002 WY 69 (Wyoming Supreme Court, 2002)
Town of Thermopolis v. Deromedi
2002 WY 70 (Wyoming Supreme Court, 2002)
In Re Termination of Parental Rights to IH
2001 WY 100 (Wyoming Supreme Court, 2001)
EBH v. Hot Springs Department of Family Services
2001 WY 100 (Wyoming Supreme Court, 2001)
Estate of Heckert v. State Board of Equalization
15 P.3d 216 (Wyoming Supreme Court, 2000)
Murphy v. State Canvassing Board
12 P.3d 677 (Wyoming Supreme Court, 2000)
Smith v. STATE EX REL. DEPT. OF TRANSP.
11 P.3d 931 (Wyoming Supreme Court, 2000)
Smith v. State ex rel. Wyoming Department of Transportation
11 P.3d 931 (Wyoming Supreme Court, 2000)
Campbell County School District v. Catchpole
6 P.3d 1275 (Wyoming Supreme Court, 2000)
Ahlenius v. WYOMING BOARD OF PROFESSIONAL GEOLOGISTS
2 P.3d 1058 (Wyoming Supreme Court, 2000)
Fontaine v. Board of County Com'rs of Park County
4 P.3d 890 (Wyoming Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
911 P.2d 1062, 1996 Wyo. LEXIS 28, 1996 WL 78455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butts-v-wyoming-state-board-of-architects-wyo-1996.