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SF 115

Judicial review of agency actions-limitations.

2025 Regular Session Introduced by Ocean Andrew and 5 co-sponsors

Wyoming SF 115 expands who may seek judicial review of agency actions, sets venue and exhaustion rules, and adds public-employment carve-out, effective July 1, 2025.

H COW:H Did not consider for COW
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WeVote Research Nonpartisan
Bill Summary · SF 115

Summary — SF 115: Judicial review of agency actions — limitations

Status: Introduced Jan 23, 2025; passed Senate (3rd Reading 30‑0‑1) and referred to House Judiciary (H01). H01 recommended Do Pass (5‑4). House Committee of the Whole did not consider the bill. Effective date (if enacted): July 1, 2025. Companion: HF 158.

Purpose
- To amend Wyoming’s judicial‑review statute (W.S. 16‑3‑114(a)) to clarify where judicial review may be brought and to specify conditions and limits on pursuing judicial review of agency actions and inactions.

Key provisions
- Statutory amendment: modifies W.S. 16‑3‑114(a) to provide that any person “aggrieved or adversely affected in fact” by a final agency decision in a contested case, by other agency action or inaction, or by an agency rule, is entitled to judicial review, subject to all of the following requirements:
1. Venue (subsection (i)): Judicial review must be filed in one of these district courts:
- the county where the injury or harm for which relief is sought occurred;
- the county where the administrative action or inaction was taken or located; or
- if no real property is involved, the county where the aggrieved party has its principal place of business.
2. Procedure (ii): Proceedings are to follow rules adopted by the Wyoming Supreme Court.
3. Exhaustion (iii): All administrative remedies must be exhausted before seeking judicial review.
4. No preclusion (iv): Judicial review is available only in the absence of any statutory or common‑law provision that precludes or limits judicial review.
5. Public employment carve‑out (v): Judicial review generally does not apply to actions/inactions concerning public employment of a person, except when:
- the action or inaction is the final decision of an agency in a contested case; or
- judicial review for that action/inaction is otherwise provided by law.

Applicability and effective date
- Applies to agency actions and inactions taken on or after July 1, 2025.
- Effective date of the act: July 1, 2025.

Who is affected
- Individuals and entities seeking judicial review of agency decisions, rules, actions or inactions.
- State and local agencies (including the Office of Administrative Hearings) and the judiciary (district courts and Wyoming Supreme Court), due to venue and procedural clarifications.
- Public employees involved in agency personnel actions (subject to the specified limitations).

Fiscal and administrative impact
- Fiscal note: impact on the judicial system is indeterminable (depends on number of cases). The bill may increase administrative duties for agencies (Office of Administrative Hearings identified) though it does not modify agency budgets or personnel authorizations as introduced.

Procedural history (selected)
- Senate: Assigned to S01 Judiciary; recommended Do Pass (4‑0‑1); placed on general file; passed 2nd and 3rd readings.
- House: Received and referred to H01 Judiciary; H01 recommended Do Pass (5‑4); placed on General File; House COW did not consider.

Note on provided documents
- The packet provided contains an unrelated explanatory excerpt concerning parental consent for human growth and development instruction (likely from a different bill). The statutory text and bill title that align with SF 115 concern amendments to W.S. 16‑3‑114(a) on judicial review; this summary focuses on that subject.

Compiled from official sources — confirm details with the bill’s official record.

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