Lineberger v. Wyoming State Board of Outfitters & Professional Guides

2002 WY 55, 44 P.3d 56, 2002 Wyo. LEXIS 57, 2002 WL 534639
CourtWyoming Supreme Court
DecidedApril 11, 2002
Docket01-113
StatusPublished
Cited by5 cases

This text of 2002 WY 55 (Lineberger v. Wyoming State Board of Outfitters & Professional Guides) 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
Lineberger v. Wyoming State Board of Outfitters & Professional Guides, 2002 WY 55, 44 P.3d 56, 2002 Wyo. LEXIS 57, 2002 WL 534639 (Wyo. 2002).

Opinion

VOIGT, Justice.

[T1] This case comes before us in the form of a Petition for Review of Agency Action, certified to this Court by the district court pursuant to W.R.A.P. 12.09. Ronald R. Lineberger (the appellant) raises nine separate issues in contesting the decision of the Wyoming State Board of Outfitters and Professional Guides (the Board) to deny his 2000 application for a professional guide license. While we conclude that the issues have been rendered moot by the passage of time, we do hold, since the issue will no doubt continue to arise, that the Board exceeded its authority by imposing a condition on the appellant's license to the effect that he would voluntarily relinquish his license if convicted of violating any state or federal law.

ISSUES

[12] The appellant states the issues as follows:

1. Did the Board exceed its statutory authority, abuse its discretion, and act arbitrarily and capriciously when it required petitioner, as a condition of obtaining his professional guide license, to sign a waiver agreement which provided that he would forfeit his license in the event he was convicted for violation of any law?
2. Did the Board exceed its statutory authority, abuse its discretion, and act arbitrarily and capriciously when it refused to renew petitioner's guide license on the basis that he was convicted of violating a law which was unrelated to the occupation of guiding?
3. Did the Board exceed its legal authority, act arbitrarily and capriciously, abuse its discretion, and act not otherwise in accordance with the law when it required petitioner to execute the waiver agreement after petitioner was already licensed in 1989?
4. Was the Board's interpretation of the waiver agreement in which it interpreted the agreement to require petitioner to forfeit his guide's license in the event that he is convicted of violating any law proper and an abuse of discretion, or is the waiver agreement limited to violations of law related to a candidate's fitness to be a professional guide?
5. Does the administrative record contain substantial evidence to support the Board's decision to deny petitioner's application?
6. Did the Board include improper findings of fact outside of the administrative record?
7. Did a Board member who took part in the investigation improperly refuse to recuse himself from deliberations in violation of Wyo. Stat. § 16-83-1117?
*58 8. Did the Board engage in prohibited post hoe rationalization decision-making when it stated on the record that its decision was to deny petitioner's application, but ordered the parties to file proposed findings of fact and conclusions of law to support the Board's decision?
Was the Board's decision arbitrary and capricious, an abuse of discretion and otherwise not otherwise in accordance with the law?

The ing: Board reduces these issues to the follow-

T. Whether the Board had authority to require Lineberger to sign a waiver before issuing Lineberger a conditional professional guide's license.
IL. Whether the Board was correct in denying Lineberger's application for a professional guide's license.
II I. Whether the process was tainted when the Board member refused to recuse himself.

[1 3] For the reasons set forth more fully below, we will directly answer only the following question:

May the Board condition the granting of a professional guide's license upon a license re is al e's agreement that he will voluntarily linquish the license in the event that he convicted of violating any state or feder-law?

THE STATUTORY CONSTRUCT

(1 4] Non-residents may not hunt big or trophy game animals on wilderness areas in Wyoming unless accompanied by a licensed professional guide or a resident guide. Wyo. Stat. Ann. § 23-2-401(a) (Lexis Supp.2000). The Board is responsible for licensing guides under Wyo. Stat. Ann. § 28-2410 (Lexis-Nexis 2001):

(a) The board shall:
ok
(i) Carry out the provisions of this act and in accordance with the Wyoming Administrative Procedure Act, adopt necessary rules and regulations for carrying out this act including requirements for training, experience and knowledge
of relevant law and rules and regulations as may be imposed upon outfitters and professional guides, the content and requirements for examination of license applicants and other necessary and reasonable rules[.]
C
(c) The board shall license and regulate outfitters and professional guides in this state and shall:
(i) Examine applicants for licensure under this act;
(ii) Deny or approve applications for licensure and may revoke or suspend licenses in accordance with this act and its rules and regulations;
(iii) Conduct hearings upon complaints received relative to licensees;
(iv) Impose reasonable - restrictions and limitations upon licensees as necessary to implement this act;
(v) Designate areas within the state as recommended by the commission for game management purposes in which a licensee may conduct outfitting or professional guiding under the license[.]

[15] Specific statutory qualifications for a professional guide's license are contained in Wyo. Stat. Ann. § 28-2-412(a) (LexisNexis 2001):

(a) An applicant for a professional guide's license under this act shall meet the following qualifications:
(i) At least eighteen (18) years of age;
(ii) Employed by or operating under an independent contract with a licensed outfitter[.]

The same statute, in subsection (e), adds the following requirements:

(e) In addition to subsection (a) of this section, an applicant for a professional guide's license shall report:
(i) Any conviction or forfeiture of any bond amount for a violation of federal or state law or applicable regulation relating to wildlife, game and fish within five (5) years before the date of filing license application;
(ii) Any felony conviction; and
*59 (ifi) Any conviction for a violation of federal or state law relating to criminal fraud and occurring within five (5) years prior to the date of filing application.

[16] The Board's authority to require examination before licensure is found in Wyo. Stat. Ann. § 28-2-418 (LexisNexis 2001).

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2002 WY 55, 44 P.3d 56, 2002 Wyo. LEXIS 57, 2002 WL 534639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lineberger-v-wyoming-state-board-of-outfitters-professional-guides-wyo-2002.