A record remanded by a court to an agency for any reason or purpose may be

Wyoming Rules of Appellate Procedure

Rule: 12.08

Jurisdiction: WY

Bluebook Citation: Wyo. R. App. P. 12.08

recalled by the remanding court, as necessary, upon its own motion. (c) Any record which fails to comply with Rule 12.07(a) may be returned to the agency by the district court or Supreme Court for compliance. History: Amended May 4, 1999, effective October 1, 1999amended December 11, 2024, effective March 1, 2025; amended April 6, 2015, effective July 1, 2015; amended April 30, 2019,effective August 1, 2019. Comment. — The addition is to require agencies to provide the record in a more man- ageable form, that permits the parties and the reviewing courts to make citations to the re- cord. Source. — Former Rule 72.1(g), W.R.C.P. — with last sentence added. Meaningful review requires adequate record. — Meaningful review of administra- tive actions requires that an adequate record of the proceedings be made before the administra- tive agency. Board of County Comm’rs v. Teton County Youth Servs., 652 P.2d 400, 1982 Wyo. LEXIS 393 (Wyo. 1982). Record of variance proceeding was suf- ficient. — Pursuant to Wyo. R. App. P. 12.07(b), an appellate court had a sufficient record con- sisting of the appropriate documents relating to a board of county commissioners’ action in denying a property owner’s variance request; in the owner’s briefing, there were several in- stances in which the owner’s counsel inserted counsel’s recollection of the discussions of some board members. Gilbert v. Bd. of County Comm’rs, 2010 WY 68, 232 P.3d 17, 2010 Wyo. LEXIS 71 (Wyo. 2010). Responsibility to transmit entire re- cord. — Because the Board of County Commis- sioners, not appellants, had the responsibility to transmit the entire record to the district court, it was an abuse of discretion to dismiss appellants’ petition for review. Depiero v. Bd. of Cty. Comm’rs, 2022 WY 42, 506 P.3d 771, 2022 Wyo. LEXIS 42 (Wyo. 2022). Law reviews. — For article, “Administra- tive Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983). For comment, “Education for Handicapped Children in Wyoming: What Constitutes a Free Appropriate Public Education and Other Ad- ministrative Hurdles,” see XIX Land & Water L. Rev. 225 (1984).

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