Okla. Stat. tit. 75, § 75-319
This is the official text of Okla. Stat. tit. 75, § 75-319, part of Oklahoma’s Stat. tit. 75, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 75,." Browse the sections below, each linked to its official government source.
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Staying enforcement of agency decision pending review
Official statutory text
(1) The filing of a proceeding for review shall not stay
enforcement of the agency decision; but the agency may do so, or the
reviewing court may order a stay upon such terms as it deems proper,
and shall do so whenever required by subsection (2) of this section.
(2) In every proceeding in any court for the review of an order
of an agency, upon the filing of an application, supported by
verified statements of material fact establishing that the
enforcement of the order pending final decision would result in
present, continuous and irreparable impairment of the constitutional
rights of the applicant, a stay of the enforcement of such order and
of the accrual of penalties thereunder shall be entered upon the
condition that:
(a) injury to adverse parties or to the public, as the case may
be, can be obviated through the furnishing of security adequate to
compensate for any loss which may be suffered as a result of the
stay in the event the order is affirmed, in whole or in part;
(b) a supersedeas bond, in the amount and with sureties
prescribed and approved by the reviewing court, in its sound
judicial discretion, as adequate to meet requirement (a), be filed
with such court. If an application for supersedeas hereunder,
accompanied by a proposal for a supersedeas bond, is not acted upon
by the court within forty-five (45) days from the filing thereof,
the order appealed from thereupon shall be automatically superseded
and stayed, during the pendency of the appeal, upon the filing of
the bond proposed in the application, provided, however, that the
court thereafter may reasonably modify the terms of the supersedeas
Oklahoma Statutes - Title 75. Statutes and Reports Page 82
as to amount and surety whereupon the appellant shall comply with
such modification in order to maintain the supersedeas in effect.
enforcement of the agency decision; but the agency may do so, or the
reviewing court may order a stay upon such terms as it deems proper,
and shall do so whenever required by subsection (2) of this section.
(2) In every proceeding in any court for the review of an order
of an agency, upon the filing of an application, supported by
verified statements of material fact establishing that the
enforcement of the order pending final decision would result in
present, continuous and irreparable impairment of the constitutional
rights of the applicant, a stay of the enforcement of such order and
of the accrual of penalties thereunder shall be entered upon the
condition that:
(a) injury to adverse parties or to the public, as the case may
be, can be obviated through the furnishing of security adequate to
compensate for any loss which may be suffered as a result of the
stay in the event the order is affirmed, in whole or in part;
(b) a supersedeas bond, in the amount and with sureties
prescribed and approved by the reviewing court, in its sound
judicial discretion, as adequate to meet requirement (a), be filed
with such court. If an application for supersedeas hereunder,
accompanied by a proposal for a supersedeas bond, is not acted upon
by the court within forty-five (45) days from the filing thereof,
the order appealed from thereupon shall be automatically superseded
and stayed, during the pendency of the appeal, upon the filing of
the bond proposed in the application, provided, however, that the
court thereafter may reasonably modify the terms of the supersedeas
Oklahoma Statutes - Title 75. Statutes and Reports Page 82
as to amount and surety whereupon the appellant shall comply with
such modification in order to maintain the supersedeas in effect.
Status: in_force · Read it on the official government site
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