Okla. Stat. tit. 59, § 59-1471
This is the official text of Okla. Stat. tit. 59, § 59-1471, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Appeal to district court
Official statutory text
Any person dissatisfied with the action of the Board in refusing
his application or suspending or revoking his license, or any other
action of the Board, may appeal the action of the Board by filing a
petition within thirty (30) days thereafter in the district court of
Oklahoma County, Oklahoma, and the court is vested with jurisdiction
and it shall be the duty of the court to set the matter for hearing
upon ten (10) days' written notice to the Council and the attorney
representing the Board. The court in which the petition of appeal
is filed shall determine whether or not a cancellation or suspension
of a license shall be abated until the hearing shall have been
consummated with final judgment thereon or whether any other action
of the Board should be suspended pending hearing, and enter its
order accordingly, which shall be operative when served upon the
Board, and the court shall provide the attorney representing the
Board with a copy of the petition and order. The Board and Council
shall be represented in such appeals by the Attorney General or any
of his assistants. The Board shall initially determine all facts,
but the court upon appeal may set aside the determination of the
Board if the Board's determination:
1. is not based upon substantial evidence determinable upon the
entire record;
2. is arbitrary or capricious;
3. is in violation of statutory requirements; or
4. was made without affording to licensee or applicant due
process of law.
his application or suspending or revoking his license, or any other
action of the Board, may appeal the action of the Board by filing a
petition within thirty (30) days thereafter in the district court of
Oklahoma County, Oklahoma, and the court is vested with jurisdiction
and it shall be the duty of the court to set the matter for hearing
upon ten (10) days' written notice to the Council and the attorney
representing the Board. The court in which the petition of appeal
is filed shall determine whether or not a cancellation or suspension
of a license shall be abated until the hearing shall have been
consummated with final judgment thereon or whether any other action
of the Board should be suspended pending hearing, and enter its
order accordingly, which shall be operative when served upon the
Board, and the court shall provide the attorney representing the
Board with a copy of the petition and order. The Board and Council
shall be represented in such appeals by the Attorney General or any
of his assistants. The Board shall initially determine all facts,
but the court upon appeal may set aside the determination of the
Board if the Board's determination:
1. is not based upon substantial evidence determinable upon the
entire record;
2. is arbitrary or capricious;
3. is in violation of statutory requirements; or
4. was made without affording to licensee or applicant due
process of law.
Status: in_force · Read it on the official government site
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