Okla. Stat. tit. 37A, § 37A-2-152
This is the official text of Okla. Stat. tit. 37A, § 37A-2-152, part of Oklahoma’s Stat. tit. 37A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 37A,." Browse the sections below, each linked to its official government source.
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Appeal from order of Commission - District court appeal
Official statutory text
- Supreme Court appeal.
Within thirty (30) days after a final order of the ABLE
Commission, pursuant to a hearing as provided in Section 62 of this
act, an applicant or licensee may appeal from the order of the ABLE
Commission to the district court of the county in which the premises
licensed or sought to be licensed are located. At the time of
filing such an appeal, the party appealing shall give bond for costs
assessed against such party. The appeal shall be taken by filing
with the clerk of the district court of the proper county a written
notice stating that the party appeals from the action of the ABLE
Commission and stating the pertinent grounds on which the appeal is
founded. Such appeal shall consist of a hearing and review of the
record only as set forth in the Administrative Procedures Act. The
district court may affirm, reverse or modify the order of the ABLE
Commission and shall issue its order within sixty (60) days after
the appeal is heard. Appeals may be taken from a final order of the
district court to the Supreme Court by the applicant, licensee or by
the ABLE Commission. The ABLE Commission shall not be required to
give bond on appeal. The licensee may file a supersedeas bond in an
amount to be fixed by the ABLE Commission staying the order until
the final determination of all issues on an appeal but the order of
the ABLE Commission may not be stayed unless ordered by the judge of
the district court. Permission to stay the order of the ABLE
Commission shall not be granted by any court unless an application
therefor be made in the written notice of the applicant's or
licensee's intention to appeal from the order of the ABLE
Commission, and then only after a hearing before the court upon
notice to both parties wherein the court determines by a
preponderance of the evidence that in denying a license or in
ordering the suspension or a revocation of a license, the ABLE
Commission acted without legal cause or upon insufficient evidence.
Provided, that in all cases where the order of the ABLE Commission
is stayed by a supersedeas bond and the licensee is unsuccessful in
the appeal, and the action of the ABLE Commission becomes final,
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 86
such bond shall be forfeited to the State of Oklahoma by the court
considering such appeal if the court finds that the appeal was
frivolous or was filed for the purpose of delaying the effect of the
order. In such event, the Attorney General shall commence legal
proceedings in the name of the State of Oklahoma to recover the
amount of the bond, which money shall be placed to the credit of the
General Revenue Fund of the state.
Within thirty (30) days after a final order of the ABLE
Commission, pursuant to a hearing as provided in Section 62 of this
act, an applicant or licensee may appeal from the order of the ABLE
Commission to the district court of the county in which the premises
licensed or sought to be licensed are located. At the time of
filing such an appeal, the party appealing shall give bond for costs
assessed against such party. The appeal shall be taken by filing
with the clerk of the district court of the proper county a written
notice stating that the party appeals from the action of the ABLE
Commission and stating the pertinent grounds on which the appeal is
founded. Such appeal shall consist of a hearing and review of the
record only as set forth in the Administrative Procedures Act. The
district court may affirm, reverse or modify the order of the ABLE
Commission and shall issue its order within sixty (60) days after
the appeal is heard. Appeals may be taken from a final order of the
district court to the Supreme Court by the applicant, licensee or by
the ABLE Commission. The ABLE Commission shall not be required to
give bond on appeal. The licensee may file a supersedeas bond in an
amount to be fixed by the ABLE Commission staying the order until
the final determination of all issues on an appeal but the order of
the ABLE Commission may not be stayed unless ordered by the judge of
the district court. Permission to stay the order of the ABLE
Commission shall not be granted by any court unless an application
therefor be made in the written notice of the applicant's or
licensee's intention to appeal from the order of the ABLE
Commission, and then only after a hearing before the court upon
notice to both parties wherein the court determines by a
preponderance of the evidence that in denying a license or in
ordering the suspension or a revocation of a license, the ABLE
Commission acted without legal cause or upon insufficient evidence.
Provided, that in all cases where the order of the ABLE Commission
is stayed by a supersedeas bond and the licensee is unsuccessful in
the appeal, and the action of the ABLE Commission becomes final,
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 86
such bond shall be forfeited to the State of Oklahoma by the court
considering such appeal if the court finds that the appeal was
frivolous or was filed for the purpose of delaying the effect of the
order. In such event, the Attorney General shall commence legal
proceedings in the name of the State of Oklahoma to recover the
amount of the bond, which money shall be placed to the credit of the
General Revenue Fund of the state.
Status: in_force · Read it on the official government site
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