Oklahoma § 75-322 - Setting aside, modifying or reversing of orders - Remand Affirmance

§ 75-322. Setting aside, modifying or reversing of orders - Remand Affirmance

Oklahoma Statutes - Title 75. Statutes and Reports

(1) In any proceeding for the review of an agency order,

proceeding for the review of an agency order, the Supreme Court or

the district court, as the case may be, in the exercise of proper

judicial discretion or authority, may set aside or modify the order,

or reverse it and remand it to the agency for further proceedings,

if it determines that the substantial rights of the appellant or

petitioner for review have been prejudiced because the agency

findings, inferences, conclusions or decisions, are:

(a) in violation of constitutional provisions; or

(b) in excess of the statutory authority or jurisdiction of the

agency; or

(c) made upon unlawful procedure; or

(d) affected by other error of law; or

(e) clearly erroneous in view of the reliable, material,

probative and substantial competent evidence, as defined in Section

10 of this act, including matters properly noticed by the agency

upon examination and consideration of the entire record as

submitted; but without otherwise substituting its judgment as to the

weight of the evidence for that of the agency on question of fact;

or

(f) arbitrary or capricious; or

(g) because findings of fact, upon issues essential to the

decision were not made although requested.

(2) The reviewing court, also in the exercise of proper

judicial discretion or authority, may remand the case to the agency

for the taking and consideration of further evidence, if it is

deemed essential to a proper disposition of the issue.

(3) The reviewing court shall affirm the order and decision of

the agency, if it is found to be valid and the proceedings are free

from prejudicial error to the appellant.

Laws 1963, c. 371, § 22.