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Antelope Valley Improvement and Service District of Gillette v. State Board of Equalization for the State of Wyoming12/9/1999
reasonable mind might accept in support of an agency=s Conclusion so long as it is more than a mere scintilla of evidence. Cronk v. City of Cody, 897 P.2d 476, 478 (Wyo. 1995).
When reviewing an agency decision which has been considered by the district court, we give no deference to the district court=s determination. Squillace v. Wyo. State Employees= & Officials= Group Ins. Bd. of Admin., 933 P.2d 488, 490 (Wyo. 1997). Using the same evidentiary materials and the same standard of review as the district court, we inquire into the matter as if it had proceeded directly to us from the agency. Id. We review an agency=s Conclusions of law to determine whether they are in accordance with the law; if they are not, we correct the error in either stating or applying the law. Id. at 491. When the determination before us is a mixed question of fact and law, we defer to an agency=s findings of basic fact but correct misapplication of the law to those facts. Aanenson v. State ex rel. Wyo. Workers= Compensation Div., 842 P.2d 1077, 1080 (Wyo. 1992) (quoting Union Pacific R.R. Co. v. State Bd. of Equalization, 802 P.2d 856, 860-61 (Wyo. 1990)).
The Board=s Rule
Chapter 2, Section 5 (Section 5) of the Rules and Regulations of the Wyoming State Board of Equalization (1995) (Board Rule) establishes the time period for filing an appeal with the Board from a final administrative decision of the Department. Section 5 provides:
(a) Cases may be instituted by any petitioner who files a case notice for review of any final administrative decision of the Department with the Board c/o executive secretary . . . . Unless otherwise required by law, the case notice shall be filed with the Board within thirty (30) days of the date of the final administrative decision at issue.
(b) AComputation of Time@ - In computing the time period for filing a case notice, the period shall begin on the day after the date of the final administrative decision and shall conclude on the last day of such computed period, unless such day is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday.
(c) AFiled with the Board@ - The case shall be considered filed with the Board upon mailing of the case notice as evidenced by a postmark, or upon receipt by fax. Any case notice not timely filed shall be dismissed.
Subsection (c) of the Board Rule requires the Board to dismiss Aany case notice not timely filed,@ and the Board applied the rule when it determined it did not have jurisdiction to hear Antelope Valley=s appeal. Rules adopted pursuant to statutory authority and properly promulgated have the force and effect of law. Fullmer v. Employment Security Comm=n, 858 P.2d 1122, 1123-24 (Wyo. 1993). An administrative agency must follow its own rules and regulations. Id. at 1124. To determine if the case was not timely filed, we must interpret Section 5 of the Board Rules.
Rules of statutory interpretation apply to the interpretation of administrative rules and regulations. Glover v. State, 860 P.2d 1169, 1173 (Wyo. 1993). If the language of the rule communicates a plain meaning, that meaning will be applied. Zmijewski v. Wright, 809 P.2d 280, 282 (Wyo. 1991). Section 5(a) provides that a petitioner must file a case notice of appeal with the Board Awithin thirty (30) days of the date of the final administrative decision at issue.@ @ Board Rule, Ch. 2 ' 5 (1995). Section 5(b) provides that the time period shall begin on the day after the date of the final administrative decision. Id.
The unambiguous language of Section 5 dictates that the time period for f
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