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Parodi v. Wyoming Dept. of Transp.11/7/1997
hin its lawful authority. See Wyo. Stat. § 16-3-101(b)(ii) and Amoco Production Co., 797 P.2d at 554. By the simplest of logic, what is beyond the lawful authority of the Department to accomplish is, a fortiori, equally beyond the authority of the hearing examiner to order the Department to accomplish.
Parodi's reading of Wyo. Stat. § 31-7-105(e) would impermissibly nullify the clear limits imposed upon modification of license suspensions by Wyo. Stat. § 31-7-105(f), rendering that subsection inoperative and superfluous. However, if Wyo. Stat. § 31-7-105(f) is read to limit the hearing examiner's discretion as well as the Department's, the two subsections may be given the simultaneous force and effect demanded by our rules of statutory construction. Furthermore, the potential for wildly disparate interpretations of "good cause" is avoided by reference to the limitations articulated in Wyo. Stat. § 31-7-105(f).
V. CONCLUSION
The limitations imposed on the Department by Wyo. Stat. § 31-7-105(f) circumscribe with equal force and effect the authority of the hearing examiner in contested case hearings brought pursuant to Wyo. Stat. § 31-7-105(b). To hold otherwise would be to eviscerate Wyo. Stat. § 31-7-105(f) and contravene our rule that doubts as to administrative authority will be construed against the existence of such authority.
The decision of the hearing examiner is affirmed.
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