Petroleum Inc. v. State Ex Rel. State Board of Equalization

983 P.2d 1237, 143 Oil & Gas Rep. 207, 1999 Wyo. LEXIS 122, 1999 WL 499454
CourtWyoming Supreme Court
DecidedJuly 16, 1999
Docket98-226
StatusPublished
Cited by25 cases

This text of 983 P.2d 1237 (Petroleum Inc. v. State Ex Rel. State Board of Equalization) 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
Petroleum Inc. v. State Ex Rel. State Board of Equalization, 983 P.2d 1237, 143 Oil & Gas Rep. 207, 1999 Wyo. LEXIS 122, 1999 WL 499454 (Wyo. 1999).

Opinions

MACY, Justice.

Appellant Petroleum Inc. petitioned the district court for a review of the State Board of Equalization’s order which affirmed the Department of Revenue’s assessment of a penalty against it. The district court certified the case to the Wyoming Supreme Court.

We affirm the State Board of Equalization’s decision.

[1239]*1239ISSUES

Petroleum Inc. presents two related issues for our review:

1. Have the Department of Revenue and State Board of Equalization acted contrary to law in determining the amount of penalty which could be assessed against the Appellant, Petroleum, Inc., pursuant [to] Wyo. Stat. Ann. § 39-2-201 (Michie 1997) and Wyo. Stat. Ann. § 39-5-101 (Mi-chie 1997)?
2. Was the action of the Department of Revenue and the State Board of Equalization arbitrary, capricious and an abuse of discretion or otherwise not in accordance with the law?

FACTS

Oil and gas producers were required by statute to file annual production reports with the Department of Revenue.1 The deadline for filing the reports for the 1994 production year was February 27,1995. Petroleum Inc. produced oil and gas in Wyoming during that production year, but it did not file the required reports for several of its wells until September 7,1995.

Pursuant to Wyo. Stat. Ann. § 39-5-101(g) (Michie 1994) (repealed 1998), the Department of Revenue assessed a $169,652 penalty against Petroleum Inc. because of its delinquent filings. The Department of Revenue subsequently reviewed the circumstances surrounding Petroleum Inc.’s late filings and reduced the penalty assessment by fifty percent to $84,826.

Petroleum Inc. appealed to the State Board of Equalization, and the board affirmed the Department of Revenue’s decision. Petroleum Inc. filed a petition for a review of the State Board of Equalization’s order with the district court, and the district court certified the case to this Court pursuant to W.R.A.P. 12.09(b).

STANDARD OF REVIEW

When we review cases which have been certified to the Wyoming Supreme Court pursuant to W.R.A.P. 12.09(b), we apply the appellate standards which are applicable to the court of the first instance. Union Telephone Company, Inc. v. Wyoming Public Service Commission, 907 P.2d 340, 341-42 (Wyo.1995). Wyo. Stat. Ann. § 16-3-114(c) (LEXIS 1999) governs judicial review of administrative decisions. W.R.A.P. 12.09(a); Everheart v. S & L Industrial, 957 P.2d 847, 851 (Wyo.1998).

The issues presented in this case require us to interpret § 39-5-101(g). Statutory interpretation is a question of law. Newton v. State ex rel. Wyoming Workers’ Compensation Division, 922 P.2d 863, 864 (Wyo.1996); Trefren v. Lewis, 852 P.2d 323, 325 (Wyo.1993). We affirm an agency’s conclusions of law when they are in accordance with the law. Corman v. State ex rel. Wyoming Workers’ Compensation Division, 909 P.2d 966, 970 (Wyo.1996). When an agency has not invoked and properly applied the correct rule of law, we correct the agency’s errors. Weaver v. Cost Cutters, 953 P.2d 851, 855 (Wyo.1998); Gneiting v. State ex rel. Wyoming Workers’ Compensation Division, 897 P.2d 1306, 1308 (Wyo.1995).

DISCUSSION

Petroleum Inc. claims that the State Board of Equalization misinterpreted § 39-5-101(g) when it affirmed the Department of Revenue’s penalty assessment against it. The state argues that the State Board of Equalization’s interpretation of the statute was consistent with the plain language of the statute [1240]*1240and the legislature’s intent. We agree with the state.

Our rules of statutory interpretation are well established. We first decide whether the statute is clear or ambiguous. Lyles v. State ex rel. Division of Workers’ Compensation, 957 P.2d 843, 845 (Wyo.1998). This Court makes that determination as a matter of law. Parker Land and Cattle Company v. Wyoming Game and Fish Commission, 845 P.2d 1040, 1043 (Wyo.1993); Allied-Signal, Inc. v. Wyoming State Board of Equalization, 813 P.2d 214, 220 (Wyo.1991). A “statute is unambiguous if its wording is such that reasonable persons are able to agree as to its meaning with consistency and predictability.” Allied-Signal, Inc., 813 P.2d at 220. A “statute is ambiguous only if it is found to be vague or uncertain and subject to varying interpretations.” 813 P.2d at 219-20.

If we determine that a statute is clear and unambiguous, we give effect to the plain language of the statute. Lyles, 957 P.2d at 846; Gunderson v. State, 925 P.2d 1300, 1304 (Wyo.1996).

We begin by making an “ ‘inquiry respecting the ordinary and obvious meaning of the words employed according to their arrangement and connection.’ ” Parker Land and Cattle Company v. Wyoming Game and Fish Commission, 845 P.2d 1040, 1042 (Wyo.1993) (quoting Rasmussen v. Baker, 7 Wyo. 117, 133, 50 P. 819, 823 (1897)). We construe the statute as a whole, giving effect to every word, clause, and sentence, and we construe together all parts of the statute in pari materia.

State DepaHment of Revenue and Taxation v. Pacificorp, 872 P.2d 1163, 1166 (Wyo.1994). If we determine that the statute is ambiguous, we resort to general principles of statutory construction to determine the legislature’s intent. Parker Land and Cattle Company, 845 P.2d at 1044.

“[I]n ascertaining the legislative intent in enacting a statute ... the court ... must look to the mischief the act was intended to cure, the historical setting surrounding its enactment, the public policy of the state, the conditions of the law and all other prior and contemporaneous facts and circumstances that would enable the court intelligently to determine the intention of the lawmaking body.”

Id. (quoting Carter v. Thompson Realty Co., 58 Wyo. 279, 131 P.2d 297, 299 (1942)).

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983 P.2d 1237, 143 Oil & Gas Rep. 207, 1999 Wyo. LEXIS 122, 1999 WL 499454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petroleum-inc-v-state-ex-rel-state-board-of-equalization-wyo-1999.