§ 16-3-114 — Judicial review of agency actions; district courts

Wyoming § 16-3-114

• Jurisdiction: Wyoming
• Title 16: City, County, State and Local Powers
• Ch. 3: ADMINISTRATIVE PROCEDURE

Text

(a) Subject to the requirement that administrative
remedies be exhausted and in the absence of any statutory or
common-law provision precluding or limiting judicial review, any
person aggrieved or adversely affected in fact by a final
decision of an agency in a contested case, or by other agency
action or inaction, or any person affected in fact by a rule
adopted by an agency, is entitled to judicial review in the
district court for the county in which the injury or harm for
which relief is sought occurred, in the district court for the
county in which the administrative action or inaction was taken,
or in which any real property affected by the administrative
action or inaction is located, or if no real property is
involved, in the district court for the county in which the
party aggrieved or adversely affected by the administrative
action or inaction resides or has its principal place of
business. The procedure to be followed in the proceeding before
the district court shall be in accordance with rules heretofore
or hereinafter adopted by the Wyoming supreme court.
(b) The supreme court's authority to adopt rules governing
review from agencies to the district courts shall include
authority to determine the content of the record upon review,
the pleadings to be filed, the time and manner for filing the
pleadings, records and other documents and the extent to which
supplemental testimony and evidence may be taken or considered
by the district court. The rules adopted by the supreme court
under this provision may supersede existing statutory
provisions.
(c) 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
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.