Okla. Stat. tit. 85A, § 85A-323
This is the official text of Okla. Stat. tit. 85A, § 85A-323, part of Oklahoma’s Stat. tit. 85A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 85A,." Browse the sections below, each linked to its official government source.
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Vacation of awards
Official statutory text
A. On an application and motion to the court by a party to an
arbitration proceeding, the Workers' Compensation Commission shall
vacate an award made in the arbitration proceeding if:
1. The award was procured by corruption, fraud, or other undue
means;
2. There was:
a. evident partiality by an arbitrator appointed as a
neutral arbitrator,
b. corruption by an arbitrator, or
c. misconduct by an arbitrator prejudicing the rights of
a party to the arbitration proceeding;
3. An arbitrator refused to postpone the hearing upon showing
of sufficient cause for postponement, refused to consider evidence
Oklahoma Statutes - Title 85A. Workers' Compensation Page 151
material to the controversy, or otherwise conducted the hearing
contrary to Section 315 of this title, so as to prejudice
substantially the rights of a party to the arbitration proceeding;
4. An arbitrator exceeded his or her powers under this act;
5. The arbitration was conducted without proper notice of the
initiation of an arbitration as required in Section 309 of this
title so as to prejudice substantially the rights of a party to the
arbitration proceeding; or
6. It is determined that an arbitrator did not disclose a
conflict under Section 312 of this title.
B. An application and motion under this section shall be filed
within thirty (30) days after the movant receives notice of the
award or within thirty (30) days after the movant receives notice of
a modified or corrected award, unless the movant alleges that the
award was procured by corruption, fraud, or other undue means, in
which case the motion shall be made within ninety (90) days after
the ground is known or by the exercise of reasonable care would have
been known by the movant.
C. If the Commission vacates an award it may order a rehearing.
If the award is vacated on a ground stated in paragraph 1, 2 or 6 of
subsection A of this section, the rehearing shall be before a new
arbitrator. If the award is vacated on a ground stated in paragraph
3, 4 or 5 of subsection A of this section, the rehearing may be
before the arbitrator who made the award or the arbitrator's
successor. The arbitrator shall render the decision in the
rehearing within the same time as that provided in subsection B of
Section 319 of this title for an award.
D. If the Commission denies a motion to vacate an award, it
shall confirm the award unless a motion to modify or correct the
award is pending.
arbitration proceeding, the Workers' Compensation Commission shall
vacate an award made in the arbitration proceeding if:
1. The award was procured by corruption, fraud, or other undue
means;
2. There was:
a. evident partiality by an arbitrator appointed as a
neutral arbitrator,
b. corruption by an arbitrator, or
c. misconduct by an arbitrator prejudicing the rights of
a party to the arbitration proceeding;
3. An arbitrator refused to postpone the hearing upon showing
of sufficient cause for postponement, refused to consider evidence
Oklahoma Statutes - Title 85A. Workers' Compensation Page 151
material to the controversy, or otherwise conducted the hearing
contrary to Section 315 of this title, so as to prejudice
substantially the rights of a party to the arbitration proceeding;
4. An arbitrator exceeded his or her powers under this act;
5. The arbitration was conducted without proper notice of the
initiation of an arbitration as required in Section 309 of this
title so as to prejudice substantially the rights of a party to the
arbitration proceeding; or
6. It is determined that an arbitrator did not disclose a
conflict under Section 312 of this title.
B. An application and motion under this section shall be filed
within thirty (30) days after the movant receives notice of the
award or within thirty (30) days after the movant receives notice of
a modified or corrected award, unless the movant alleges that the
award was procured by corruption, fraud, or other undue means, in
which case the motion shall be made within ninety (90) days after
the ground is known or by the exercise of reasonable care would have
been known by the movant.
C. If the Commission vacates an award it may order a rehearing.
If the award is vacated on a ground stated in paragraph 1, 2 or 6 of
subsection A of this section, the rehearing shall be before a new
arbitrator. If the award is vacated on a ground stated in paragraph
3, 4 or 5 of subsection A of this section, the rehearing may be
before the arbitrator who made the award or the arbitrator's
successor. The arbitrator shall render the decision in the
rehearing within the same time as that provided in subsection B of
Section 319 of this title for an award.
D. If the Commission denies a motion to vacate an award, it
shall confirm the award unless a motion to modify or correct the
award is pending.
Status: in_force · Read it on the official government site
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