Butts v. Wyoming State Bd. of Architects, No. 95-106

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtBefore GOLDEN; GOLDEN
Citation911 P.2d 1062
Docket NumberNo. 95-106
Decision Date26 February 1996
PartiesKenneth Leroy BUTTS, Appellant (Petitioner), v. WYOMING STATE BOARD OF ARCHITECTS, Appellee (Respondent).

Page 1062

911 P.2d 1062
Kenneth Leroy BUTTS, Appellant (Petitioner),
v.
WYOMING STATE BOARD OF ARCHITECTS, Appellee (Respondent).
No. 95-106.
Supreme Court of Wyoming.
Feb. 26, 1996.

Kathy Karpan of Karpan & White Law Offices, L.C., and William D. Bagley, Cheyenne, for appellant.

William U. Hill, Attorney General, Bill G. Hibbler, Sr. Assistant Attorney General, John S. Burbridge, Assistant Attorney General, Cheyenne, for appellee.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

GOLDEN, Chief Justice.

Kenneth L. Butts (Butts) appeals the Wyoming State Board of Architects and Landscape Architects (Board) decision to suspend his Wyoming architect license for a violation of WYO.STAT. § 33-4-115(a)(vii). The decision was based on the lifetime suspension of Butts' architect license by the state of Kentucky pursuant to a settlement agreement between Butts and the state of Kentucky.

We affirm.

ISSUES

Butts presents the following issues:

1. Whether the Wyoming Statutes and Board rules provided sufficient due process notice concerning the nature and elements of the offense of "plan stamping."

2. Was it arbitrary, capricious and an abuse of discretion for the Wyoming board to rubber stamp the Kentucky result without determining whether the same conduct violates the Wyoming statute and rules.

3. Whether the Board order is supported by substantial evidence.

The Board reiterates the issues recited by the district court in its Order Certifying Case to the Wyoming Supreme Court, taken from Butts' Petition for Review. We accepted and certified this case based upon that order. 1

I. Whether the Board abused its discretion by following the mandatory provisions of its rules, Chapter XIII, Section 12.

II. Whether the Board's decision is supported by substantial evidence.

III. Whether the Wyoming Architect and Landscape Architect Practice Act, W.S. § 33-4-101, et seq., and board rules, provide due process notice that a settlement agreement and order entered in another state might result in the loss of licensure to practice in Wyoming.

Page 1064

FACTS

Butts was previously licensed to practice architecture in all fifty states. He made his living reviewing architectural plans for stores in malls across the country and reviewing plans for prototypical buildings erected by major franchises.

Butts faced disciplinary action in Kentucky before the Kentucky Board of Examiners and Registration of Architects (Kentucky Board) for "plan stamping" in violation of K.R.S. 323.120(1)(f). Butts and the Kentucky Board entered into a settlement agreement and order in November, 1993. Butts did not admit or deny the truthfulness of the allegations or that his conduct was inappropriate in the settlement agreement and order. However, Butts agreed to suspension of his license until the end of his current licensure period, which ended June 30, 1994, agreed not to attempt to renew his license in Kentucky, and was fined one thousand dollars.

The National Council of Architectural Registration Boards revoked its certification of Butts due to the Kentucky suspension and notified the Wyoming Board's administrator of the disciplinary action taken in Kentucky. Having heard of the Kentucky action, the administrator asked for and obtained certified copies of the notice of hearing, investigation memorandum and the settlement agreement and order for the Kentucky action. Based on the information from Kentucky, the Board filed a formal complaint against Butts, charging him with violating WYO.STAT. § 33-4-115(a)(v) and (vii). 2 The Board noticed and held a hearing based on the charges against Butts in Wyoming. The Board received into evidence a certified copy of the Kentucky settlement and order, an investigation memorandum from Kentucky, several exhibits presented by Butts in mitigation of the Kentucky "plan stamping" charge and testimony from Butts and one of his colleagues in Kentucky.

The Board suspended Butts' architect license in Wyoming until December 31, 1995, and ordered that his license not be considered for reinstatement for a minimum of three years from that date. The Board based the suspension on a violation of WYO.STAT. § 33-4-115(a)(vii) and Board Rules, Chapter XI, Section 1(g), 3 because the Kentucky settlement agreement and order suspended his license in Kentucky. Butts filed a petition for review to the district court. The district court certified the issues to this Court pursuant to WYO.R.APP.P. 12.09(b).

STANDARD OF REVIEW

WYO.STAT. § 33-4-108 (Supp.1995) provides: "All decisions of the board involving the granting, denial, renewal, revocation, suspension or withdrawal of a license shall be conducted pursuant to the provisions of the Wyoming Administrative Procedure Act." Therefore, judicial review of the actions of the Board is made pursuant to the Wyoming Administrative Procedure Act. In Devous v. Board of Medical Examiners, 845 P.2d 408 (Wyo.1993), we described the scope of appellate review for agency actions conducted pursuant to the Wyoming Administrative Procedure Act. We began by quoting the statutory language of WYO.STAT. § 16-3-114(c) (1990):

To the extent necessary to make a decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory

Page 1065

provisions, and determine the meaning or applicability of the terms of an agency action. In making the following determinations, the court shall review the whole record or those parts of it cited by a party and due account shall be taken of the rule of prejudicial error. The reviewing court shall:

(i) Compel agency action unlawfully withheld or unreasonably delayed; and

(ii) Hold unlawful and set aside agency action, findings and conclusions found to be:

(A) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;

(B) Contrary to constitutional right, power, privilege or immunity;

(C) In excess of statutory jurisdiction, authority or limitations or lacking statutory right;

(D) Without observance of procedure required by law; or

(E) Unsupported by substantial evidence in a case...

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26 practice notes
  • Khan v. State Bd. of Auctioneer Examiners
    • United States
    • United States State Supreme Court of Pennsylvania
    • 20 Febrero 2004
    ...of Columbia Bd. of Med., 727 A.2d 302 (D.C.1999) (reciprocal discipline applied to acupuncturist); Butts v. State Bd. of Architects, 911 P.2d 1062 (Wyo.1996) (imposing reciprocal discipline on architect based on settlement agreement in Kentucky); Marek v. Bd. of Podiatric Med., 16 Cal.App.4......
  • The Board of County Commissioners of the County of Laramie v. City of Cheyenne, No. 03-50 (Wyo. 3/3/2004), No. 03-50.
    • United States
    • United States State Supreme Court of Wyoming
    • 3 Marzo 2004
    ...78 P.3d 241, 246 (Wyo. 2003). "An issue of statutory interpretation presents a question of law. Butts v. Wyoming State Bd. of Architects, 911 P.2d 1062, 1065 (Wyo.1996); Parker Land & Cattle Co. v. Wyo. Game and Fish Comm'n, 845 P.2d 1040, 1042 (Wyo.1993). In interpreting statutes, we prima......
  • Anusavice v. Board of Regis. in Dentistry, SJC-09970
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 11 Julio 2008
    ...practices in [this State] and thus avoid review of their medical practices by any licensing agency"); Butts v. State Bd. of Architects, 911 P.2d 1062, 1066 (Wyo. 1996) (reciprocal discipline appropriately imposed based on settlement agreement in foreign jurisdiction; nothing required board ......
  • Yeager v. Forbes, No. 02-167.
    • United States
    • United States State Supreme Court of Wyoming
    • 24 Octubre 2003
    ...do not resort to the rules of statutory construction. Tietema v. State, 926 P.2d 952, 954 (Wyo.1996); Butts v. State Board of Architects, 911 P.2d 1062, 1065 (Wyo.1996). Instead, our inquiry revolves around the ordinary and obvious meaning of the words employed according to their arrangemen......
  • Request a trial to view additional results
26 cases
  • Khan v. State Bd. of Auctioneer Examiners
    • United States
    • United States State Supreme Court of Pennsylvania
    • 20 Febrero 2004
    ...of Columbia Bd. of Med., 727 A.2d 302 (D.C.1999) (reciprocal discipline applied to acupuncturist); Butts v. State Bd. of Architects, 911 P.2d 1062 (Wyo.1996) (imposing reciprocal discipline on architect based on settlement agreement in Kentucky); Marek v. Bd. of Podiatric Med., 16 Cal.App.4......
  • The Board of County Commissioners of the County of Laramie v. City of Cheyenne, No. 03-50 (Wyo. 3/3/2004), No. 03-50.
    • United States
    • United States State Supreme Court of Wyoming
    • 3 Marzo 2004
    ...78 P.3d 241, 246 (Wyo. 2003). "An issue of statutory interpretation presents a question of law. Butts v. Wyoming State Bd. of Architects, 911 P.2d 1062, 1065 (Wyo.1996); Parker Land & Cattle Co. v. Wyo. Game and Fish Comm'n, 845 P.2d 1040, 1042 (Wyo.1993). In interpreting statutes, we prima......
  • Anusavice v. Board of Regis. in Dentistry, SJC-09970
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 11 Julio 2008
    ...practices in [this State] and thus avoid review of their medical practices by any licensing agency"); Butts v. State Bd. of Architects, 911 P.2d 1062, 1066 (Wyo. 1996) (reciprocal discipline appropriately imposed based on settlement agreement in foreign jurisdiction; nothing required board ......
  • Yeager v. Forbes, No. 02-167.
    • United States
    • United States State Supreme Court of Wyoming
    • 24 Octubre 2003
    ...do not resort to the rules of statutory construction. Tietema v. State, 926 P.2d 952, 954 (Wyo.1996); Butts v. State Board of Architects, 911 P.2d 1062, 1065 (Wyo.1996). Instead, our inquiry revolves around the ordinary and obvious meaning of the words employed according to their arrangemen......
  • Request a trial to view additional results

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