2019 Wyoming Statutes
Title 35 - Public Health and Safety
Chapter 1 - Administration
Article 2 - Department of Health
Section 35-1-221 - Judicial Review of Decisions.
35-1-221. Judicial review of decisions.
(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.
