Holloway v. Wyoming Game & Fish Commission

Citations: 122 P.3d 959; 2005 WY 144; 2005 Wyo. LEXIS 171; 2005 WL 3076953Docket: No. 05-52

Court: Wyoming Supreme Court; November 17, 2005; Wyoming; State Supreme Court

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Cleveland Holloway received a permit in 2003 to hunt bighorn sheep in area 23 of western Wyoming but was unable to hunt due to a forest fire and a decline in the sheep population. After the hunting season, he requested a refund for his license fee and restoration of his preference points, which the License Review Board denied. Holloway appealed this decision to the Game and Fish Commission, which upheld the denial, and subsequently sought district court review, which also affirmed the Board's decision. Holloway, representing himself, raised two issues on appeal: whether the district court erred in finding his refund request was untimely and whether it was correct in concluding he hunted in area 23 during the 2003 season. The Commission contended that its decision to deny Holloway’s requests was not arbitrary or capricious. 

Key facts reveal that a fire in early August led to the closure of certain trails in area 23. Holloway attended a Commission meeting in November 2003 to discuss his concerns and was advised to submit a formal request, which he did on November 8, 2003. The Board denied his request, stating that a majority of area 23 remained accessible for hunting despite the fire, thus not qualifying for a refund under the applicable rules. Additionally, the request was deemed late as it was not submitted by the regulatory deadline. Holloway maintained that access to the majority of the area was lost due to the fire, justifying his appeal for the restoration of preference points.

Mr. Holloway's claim was heard by the Commission on February 13, 2004, where both Mr. Holloway and the department presented evidence. The majority of the commissioners voted to uphold the Board’s decision to deny Mr. Holloway’s request. Following this, he filed a complaint for review in district court on March 12, 2004, claiming inadequate use of his bighorn sheep hunting license due to land burned by fire and a low success rate for hunters in the remaining areas. He filed a brief on July 8, 2004, contesting the Commission’s decision, and for the first time cited injury and illness as reasons for not using the license. 

On January 5, 2005, the district court affirmed the Commission’s decision, stating it was supported by substantial evidence and not arbitrary or capricious. Mr. Holloway had hunted in area 23 and failed to file his refund request timely. The standard of review, as outlined, focuses on whether substantial evidence supports the agency's findings. The court noted that Mr. Holloway's appeal included reasons for not hunting, such as area closures due to fire, refusal of his outfitter to enter closed areas, and medical issues. However, only the closure reason was presented to the Commission, and new claims raised on appeal cannot be considered, limiting the review to Mr. Holloway's argument regarding the U.S. Forest Service's restrictions.

Chapter 44.22(e) outlines the process for obtaining a license fee refund and restoration of preference points for bighorn sheep hunting licenses. A license holder may request a 50% refund if a majority of hunting opportunities are lost due to natural disasters affecting public access. If 100% of access is lost, a full refund may be requested. Refund requests must be submitted in writing, along with the unused license, by 5:00 p.m. on the fifth business day following the regular hunting season's opening date. Requests are denied if the holder has hunted using the license after the season's start.

Mr. Holloway's request was denied because the Board determined that a majority of the hunt area remained open during the season, and his refund request was not submitted by the deadline of September 8, 2003. The district court upheld this decision, finding substantial evidence that Mr. Holloway hunted during the season and submitted his request on November 12, 2003, which was untimely. Holloway claimed he was unaware of the deadline and alleged fraud regarding the rules, but since these arguments were raised for the first time on appeal without sufficient support, they were not considered.

Mr. Holloway contends that the circumstances surrounding his bighorn sheep license were unfair, as he waited years to obtain it only to have his hunting plans disrupted. He argues he deserves a "rain check" or special pass due to these circumstances but fails to provide legal authority or a strong argument for his claims. The record indicates he had researched the hunting area prior to a fire and faced weather issues in another area. However, evidence shows that he considered returning his license for a refund before the fire and was aware of the fire's onset nearly a month before the hunting season began. His assertion of ignorance regarding the refund request deadline is contradicted by his own reference to the relevant provision in his correspondence with the Board. He had ample opportunity to request a refund by the September 8 deadline but chose not to. The Commission's decision was backed by substantial evidence and was affirmed. The preference point system, as stipulated in state law, allows license points to accumulate for applicants who have unsuccessfully applied for years, with a lottery system for issuing licenses. Once a license is drawn, preference points are erased, and the holder cannot reapply for five years. The Commission minutes reflect a dissenting vote based on uncertainty about the fire's impact on the hunt area. An appeal from agency decisions is treated as a petition for review, despite being misnamed by Mr. Holloway. Recent regulatory changes require refund requests to be made within the calendar year and stipulate conditions for refunds due to natural disasters, allowing them only when 100% of access is closed. There is no right of appeal from department decisions under the relevant regulations.