Campbell County, Application of, 86-80

• Decision Date: 27 January 1987
• Docket Number: No. 86-80,86-80
• Parties: 37 Ed. Law Rep. 375 In the Matter of the Application of CAMPBELL COUNTY, Wyoming, To Establish a Community College District. CAMPBELL COUNTY, Wyoming, Petitioner, v. WYOMING COMMUNITY COLLEGE COMMISSION, Respondent.
• Court: Wyoming Supreme Court

Page 1174

731 P.2d 1174

37 Ed. Law Rep. 375

In the Matter of the Application of CAMPBELL COUNTY, Wyoming, To Establish a Community College District.

CAMPBELL COUNTY, Wyoming, Petitioner, v. WYOMING COMMUNITY COLLEGE COMMISSION, Respondent.

No. 86-80.

Supreme Court of Wyoming.

Jan. 27, 1987.

Thomas D. Roberts, Morgan, Brorby, Price & Roberts, Gillette, for petitioner.

A.G. McClintock, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., Mary B. Guthrie, Sr. Asst. Atty. Gen., and Donna Rice McCrea, Asst. Atty. Gen., for respondent.

Before BROWN, C.J., THOMAS, CARDINE, and MACY, JJ., and HANSCUM, District Judge.

HANSCUM, District Judge.

Campbell County, Wyoming, applied to the Community College Commission of the State of Wyoming ("Commission") seeking to form a community college district.

The Commission is entrusted by statute with the responsibility to approve or disapprove the formation of any new community college districts in the state. The Commission is charged with scrutinizing a variety of statutory criteria, including the financial and educational needs of the state as a whole. After hearings, the Commission issued "Findings of Fact, Conclusions of Law, Decision and Order" disapproving the application for a community college district as filed by Campbell County, Wyoming. Campbell County filed a Petition for Review in the district court. This case was subsequently certified to this Court under an Order of Certification entered by the district judge.

Acting in conformity with well-known standards of appellate review of administrative action, this Court concludes that the Commission's action resulting in the disapproval of Campbell County's application is supported by substantial evidence, is not arbitrary and is otherwise consistent with the statutory and procedural authority vested in the Commission for reviewing applications for community colleges. Accordingly, this Court affirms the Commission's action. To sum it up, it seems that unfortunate timing and attendant temporal and environmental circumstances created the legal rationale for the Commission justifiably to disapprove the formation of a community college at Gillette at this time.

Initially, on certification to this Court from the district court, we must review the decision of the Commission under the appellate standards applicable to a reviewing court of the first instance. Mountain Fuel Supply Co. v. Public Service Commission, 662 P.2d 878 (Wyo.1983). Those standards are well-known ¹ and do not require detailed recital. Suffice it to say, this appeal involves both evidentiary sufficiency and legal compliance, requiring appellate review of the record at the administrative level and analysis of the pertinent statutory framework empowering the Commission to exercise its responsibilities.

Considering an application for a community college district, the law requires the Commission to examine four criteria:

1. the need for a community college in the proposed district;

2. the need for the community college in the state;

3. the financial ability of the proposed district to support a college; and

4. the educational soundness of the proposed community college plan. (W.S. 21-18-312, 1977, as amended).

While the law structuring and empowering the Commission changed at about the time Campbell County's application was under review, the criteria for examination did not change. Under the "new" law, the Commission was granted rule-making authority. The rules implemented and provided a procedural framework for the new law. Campbell County argues that the rules were retroactively applied to its application, which was filed prior to the effective date of the rules. This Court is unable to understand how Campbell County could be prejudiced by this alleged retroactive application of rules or law because we have reviewed both the old law and new law and find that the standards for approval under both laws are the same. Campbell County cannot complain that any prejudice could arise out of application of the same standards, whether under the old or new law or rules and regulations. We find no prejudice.

Campbell County also complains of procedural defects in the hearing process, i.e. early adjournment of one of the two required hearings, the one in Rawlins which was the non-petitioning county site. Though there is no statutory requirement for a public hearing, the rules so prescribe, although no detailed guidelines are offered for the conduct of the hearings. Advertisement was accomplished and notice was given. The Commission appeared, convening the hearing at the appointed time. Two persons also appeared to give testimony. After completing the offered testimony, the Commission waited another one-half hour and adjourned after posting a notice on the meeting room door that written comments would still be accepted. To do otherwise would have been an exercise of futility and a waste of time. Finally, written comments were solicited and permitted post-hearing. Campbell County has not argued that any one appeared after adjournment to give oral testimony but declined to submit written comments. Campbell County's argument has no merit whatsoever.

Turning to a detailed review of the record, the sufficiency of evidence premising the Commission's decision to disapprove the application is unquestionable. The Commission received information from three sources: information obtained by the "Commission" from state agencies; information submitted by Campbell County via a report and study entitled "Campbell County Community College: A Report to the Wyoming Community College Commission"; and, finally, from public input.

Rather than address the alleged deficiencies at the administrative level in the sequence presented by the petitioners, we have arranged them according to the four categories of information the Commission must consider. While we do find sufficient evidence to support the Commissioner's decision, we do note that it is not a model of precision. Section 16-3-110, W.S. 1977, requires that: "Findings of fact if set forth in the statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings...." This court has repeatedly emphasized that the basic findings of fact must be made on all material issues and ultimate facts. Pan American Petroleum Corporation v. Wyoming Oil & Gas Conservation Commission, 446 P.2d 550 (Wyo.1968); Powell v. Board of Trustees, 550 P.2d 1112 (Wyo.1976); Larsen v. Oil and Gas Conservation Commission, 569 P.2d 87 (Wyo.1977); Foremost Life Insurance Company v. Langdon, 633 P.2d 938 (Wyo.1981); Mountain Fuel Supply Company v. Public Service Commission, 662 P.2d 878 (Wyo.1983).

In spite of these requirements, the burden of proving a lack of substantial evidence is on the party appealing the agency's determination. Western Radio, Inc. v. Two-Way Radio Services, Inc., 718 P.2d 15 (Wyo.1986) Mountain Fuel Supply Company v. Public Service Commission, 662 P.2d 878, 883 (Wyo.1983). It is a burden which Campbell County has not carried. With these preliminaries resolved, we turn to an evaluation of the various criteria the commission actually considered.

THE NEED FOR THE COLLEGE IN THE PROPOSED DISTRICT

The Commission found that the median age in Campbell County was 25, as opposed to 46 for the state, but refused to equate a young population "with the need for a new community college district." Campbell County argues on appeal only that "The arbitrary nature of such a decision is so obvious it does not need further comment. Quite obviously, the overall age of a community should be considered with regards [sic] to the need of a community college in a specific locale."

The minutes of the Commission meeting on August 18, and 19, 1985, reflect a concern with more than age in considering need; for example, enrollment projections and alternative services were evaluated. The Commission did, however, go on to find that "Campbell County needs the services of a community college. The need for educational services may be greater than what is presently offered." The Commission further found "that a new community college will not meet the needs of many potential students who need graduate and upper division courses." The Commission found that needs which existed could be met by other programs.

The Commission said need could be met by expanding the Sheridan College Gillette Campus program in academic transfer areas, and that strengthening the Sheridan College program would promote course continuity. Campbell County complains on appeal that the record is "totally devoid of any evidence whatsoever" of a guarantee that Sheridan College (Northern Wyoming Community College) would do so or that additional state funding would be provided. Campbell County argues that the Commission reached an ultimate fact without benefit of any basic facts to support it.

While the record does not contain an expressed guarantee that Sheridan College would provide services to Gillette at current levels in the future, the Commission staff rendered the following advice: "Sheridan College has made every attempt, within their resources and capabilities, to provide the services necessary and we have no reason to believe that this would not continue." Presumably, acting on this advice and the evidence, the Commission so found.

The Commission also found that the presence of a community college in Gillette would enhance cultural and artistic opportunities in the community but that such was not a prime consideration in the formation of a district. Campbell County contends on appeal that "... the Commission rather cavalierly dismisses any idea that enhancement of cultural and artistic opportunities are [sic] to be of a prime concern...." The Commission's rules require the proposed district to submit an educational plan, which includes "community service programs." Campbell County made such a submission and the Commission agreed...