Okla. Stat. tit. 27A, § 27A-1-4-116

officials.

A. A court or administrative hearings official with competent

jurisdiction may require disclosure of a portion of an audit report

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 51

in a civil or administrative proceeding if the court or

administrative hearings official determines, after an in camera

review consistent with the appropriate rules of procedure, that:

1. The privilege is asserted for a fraudulent purpose;

2. The portion of the audit report is not subject to the

privilege under Section 8 of this act; or

3. The portion of the audit report shows evidence of

noncompliance with an environmental or health and safety law and

appropriate efforts to achieve compliance with the law were not

promptly initiated and pursued with reasonable diligence after

discovery of noncompliance.

B. A party seeking disclosure under this section has the burden

of proving that paragraph 1, 2 or 3 of subsection A of this section

applies.

C. Notwithstanding Section 250 et seq. of Title 75 of the

Oklahoma Statutes, a decision of an administrative hearings official

under paragraph 1, 2 or 3 of subsection A of this section is

directly appealable to a court of competent jurisdiction without

disclosure of the audit report to any person unless so ordered by

the court.

D. A person claiming the privilege is subject to sanctions as

provided by Section 3226.1 of Title 12 of the Oklahoma Statutes if

the court finds that the person willfully or knowingly claimed the

privilege for information as provided in Section 8 of this act.

E. A determination of a court under this section is subject to

interlocutory appeal to an appropriate appellate court.