Judicial review of agency actions-permissible venues.

Plain English Breakdown

The official summary does not provide details about court requirements for cases filed after July 1, 2021 beyond the addition of a new venue option.

Expanding Where People Can Sue Agencies

This law allows people to sue government agencies in additional locations if they are harmed by agency actions.

What This Bill Does

• Changes where a person can go to court when an agency makes a decision that hurts them.
• Adds the option for someone to sue in the county where the harm happened, not just where the agency is or the person lives.

Who It Names or Affects

• People who want to challenge decisions made by government agencies.
• Courts that handle cases about agency actions.

Terms To Know

Agency

A part of the government that makes rules or decisions.

Judicial review

When a court looks at and decides if an agency's actions are legal.

Limits and Unknowns

• Only applies to cases filed after July 1, 2021.
• Does not specify how people sue agencies before the effective date of this act.

Official Summary Text

Bill Summary - 21LSO-0058
Bill No.:

SF0021

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0058

Enrolled Act No.:

SEA No. 0016

Chapter No.:

55

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

Judicial review of agency actions-permissible venues.

Subject:

Amending the permissible district courts where judicial review of agency actions may be sought.

Summary/Major Elements:

Current law authorizes a person adversely affected or aggrieved by a final agency decision to seek judicial review in certain district courts, including the district court in the county in which the agency action (or inaction) was taken, the district court in the county in which real property is affected, or the district court in the county where the person resides or has his principal place of business.

This act provides that a person may also seek judicial review of an agency action in the district court in the county where the injury or harm for which relief is sought occurred.

The act applies to petitions for judicial review filed on or after July 1, 2021.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

21LSO-0058

ORIGINAL Senate

File No
.
SF0021

ENROLLED ACT NO. 16,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to administrative procedure; amending the permissible district courts where judicial review for agency actions may be sought; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 16
‑
3
‑
114(a) is amended to read:

16
‑
3
‑
114.

Judicial review of agency actions; district courts.

(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.

Section 2.

This act shall apply to petitions for judicial review of agency actions filed on or after the effective date of this act.

Section 3
.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1