Okla. Stat. tit. 6, § 6-207
This is the official text of Okla. Stat. tit. 6, § 6-207, part of Oklahoma’s Stat. tit. 6, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 6,." Browse the sections below, each linked to its official government source.
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Judicial review of orders of the Board or Commissioner
Official statutory text
A. Final orders of the Board or the State Banking Commissioner
may be appealed to the Supreme Court of Oklahoma by any party
directly affected and showing aggrievement by the order. A mere
increase in competition resulting from the order shall not
constitute aggrievement.
B. An appeal shall be commenced by filing with the clerk of the
Supreme Court, within thirty (30) days from the date of the order or
decision, a petition in error with a copy of the order or decision
appealed from. The time limit prescribed herein for filing the
petition in error may not be extended. The manner of perfection of
the record of the proceedings to be reviewed and the time for its
completion shall be in accordance with rules prescribed by the
Supreme Court.
C. 1. A necessary jurisdictional prerequisite to the
acceptance of the appeal by the Supreme Court shall include an
affirmative showing of aggrievement from the record, by reference in
the petition in error, which cannot be a mere increase in
competition.
2. The appeal must be perfected by the posting of a bond by the
appellant in a reasonable amount not to exceed the amount of
reasonably projected gross income for four (4) years in the case of
a branch, relocation, merger or acquisition, or an amount equal to
the capital, surplus and undivided profits required to be paid in
the case of a new charter. When the order being appealed is that of
the Banking Board, the Board, in its sole discretion, shall set the
amount of the bond. When the order being appealed is that of the
Commissioner, the Commissioner, in the sole discretion of the
Commissioner, shall set the amount of the bond. It is the
obligation of the appellant to request that a bond amount be set and
such request shall not postpone or extend the time period in which
an appeal must be filed with the Oklahoma Supreme Court.
3. In the event the appellant is not the prevailing party in
the appeal, the prevailing party may apply for an order assessing
the bond in the amount demonstrated by such party to have been lost
by reason of the delay caused by the appeal. The amount shall be
based on the income projections in the original proceeding found to
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 26
have been reasonable. The prevailing party shall make such
application to the Board if the original order was issued by the
Board or shall make such application to the Commissioner if the
original order was issued by the Commissioner.
D. The Court shall give great weight to findings made and
inferences drawn by the Board or Commissioner on questions of fact.
The Court may affirm the decision or remand the case for further
proceedings. Additionally, the Court may reverse or modify the
decision if substantial rights of the appellant have been prejudiced
because the findings, inferences or conclusions are not supported by
substantial evidence in the record.
may be appealed to the Supreme Court of Oklahoma by any party
directly affected and showing aggrievement by the order. A mere
increase in competition resulting from the order shall not
constitute aggrievement.
B. An appeal shall be commenced by filing with the clerk of the
Supreme Court, within thirty (30) days from the date of the order or
decision, a petition in error with a copy of the order or decision
appealed from. The time limit prescribed herein for filing the
petition in error may not be extended. The manner of perfection of
the record of the proceedings to be reviewed and the time for its
completion shall be in accordance with rules prescribed by the
Supreme Court.
C. 1. A necessary jurisdictional prerequisite to the
acceptance of the appeal by the Supreme Court shall include an
affirmative showing of aggrievement from the record, by reference in
the petition in error, which cannot be a mere increase in
competition.
2. The appeal must be perfected by the posting of a bond by the
appellant in a reasonable amount not to exceed the amount of
reasonably projected gross income for four (4) years in the case of
a branch, relocation, merger or acquisition, or an amount equal to
the capital, surplus and undivided profits required to be paid in
the case of a new charter. When the order being appealed is that of
the Banking Board, the Board, in its sole discretion, shall set the
amount of the bond. When the order being appealed is that of the
Commissioner, the Commissioner, in the sole discretion of the
Commissioner, shall set the amount of the bond. It is the
obligation of the appellant to request that a bond amount be set and
such request shall not postpone or extend the time period in which
an appeal must be filed with the Oklahoma Supreme Court.
3. In the event the appellant is not the prevailing party in
the appeal, the prevailing party may apply for an order assessing
the bond in the amount demonstrated by such party to have been lost
by reason of the delay caused by the appeal. The amount shall be
based on the income projections in the original proceeding found to
Oklahoma Statutes - Title 6. Banks and Trust Companies Page 26
have been reasonable. The prevailing party shall make such
application to the Board if the original order was issued by the
Board or shall make such application to the Commissioner if the
original order was issued by the Commissioner.
D. The Court shall give great weight to findings made and
inferences drawn by the Board or Commissioner on questions of fact.
The Court may affirm the decision or remand the case for further
proceedings. Additionally, the Court may reverse or modify the
decision if substantial rights of the appellant have been prejudiced
because the findings, inferences or conclusions are not supported by
substantial evidence in the record.
Status: in_force · Read it on the official government site
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