HB0120HS001

This amendment substantially revises the bill to shift jury trials from administrative contested case hearings to the district court level, changing the threshold for jury trial eligibility from $20 to $1,000 in sanctions and modifying judicial review procedures.

• Changes the title phrase from 'jury trial in' to 'jury trial for review of' to reflect that jury trials occur in district court review rather than in initial administrative proceedings. (Page 1, line 2)
• Deletes the original subsections (a) and (b) of W.S. 16-3-116 that authorized jury trials at the contested case hearing level with a presiding officer empaneling a six-person jury. (Page 1, lines 13-15)
• Deletes the original subsections (c) and (d) of W.S. 16-3-116 that specified jury trial procedures under the Code of Civil Procedure and made jury decisions final in contested cases. (Pages 2-4)
• Replaces the entire W.S. 16-3-116 with new language establishing that after a contested case, a person subject to a sanction of at least $1,000 (raised from $20), loss or deprivation of a significant liberty interest, or denial/suspension/revocation of a professional or occupational license may seek de novo review in district court and request a jury trial there. The district court must empanel a jury and conduct trial under the Code of Civil Procedure and Wyoming Rules of Civil Procedure. (Page 5, lines 1-3 and lines 7-26)
• Deletes conforming amendments to W.S. 16-3-114 subsection (d) that addressed judicial review of agency actions after jury trials. (Page 5, lines 12-23)
• Deletes conforming amendments to W.S. 16-3-115 regarding appeal procedures for jury trial cases. (Pages 6-10)
• Replaces W.S. 16-3-114(d) with language stating that the section does not apply to agency actions for which review is sought with a jury trial requested and completed under W.S. 16-3-116, and rewrites W.S. 16-3-115 to provide that aggrieved parties may appeal district court judgments to the supreme court, including those where a jury trial is held under W.S. 16-3-116. (Page 11, lines 1-2 and lines 32-39, and pages 11-12, lines 41-4)

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