§ 35-1-221 — Judicial review of decisions

Wyoming § 35-1-221

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 1: ADMINISTRATION
• Art. 2: DEPARTMENT OF HEALTH

Text

(a) Any person aggrieved and affected by a decision of the
department of health shall be entitled to judicial review
thereof, by filing in the district court of the Wyoming county
of his residence, within thirty (30) days after such decision,
an appropriate action requesting such review. The court may make
any interested person a party to the action. The review shall be
conducted by the court without a jury and shall be confined to
the department's record, if a complete record is so presented,
except that in cases of alleged irregularities in the record or
in the procedure before the department, testimony may be taken
in and by the court, which may affirm the department's decision
or may reserve or modify it if the substantial rights of the
appellant have been prejudiced as a result of the findings and
decisions of the department because:
(i) Contrary to or affecting constitutional rights or
privileges; or
(ii) In excess of statutory authority or jurisdiction
of the department, or resulting from other error or law; or
(iii) Made or promulgated upon unlawful procedure; or
(iv) Unsupported by substantial evidence in view of
the entire record as submitted; or
(v) Arbitrary or capricious.
(b) Any party may have a review of the final judgment or
decision of the district court by appeal to the supreme court of
Wyoming.