Oklahoma § 75-319 - Staying enforcement of agency decision pending review

§ 75-319. Staying enforcement of agency decision pending review

(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the order appealed from thereupon shall be automatically superseded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

as to amount and surety whereupon the appellant shall comply with

such modification in order to maintain the supersedeas in effect.

Laws 1963, c. 371, § 19.