Oklahoma § 45-434 - Orders of Mining Inspector - Review

§ 45-434. Orders of Mining Inspector - Review

Any order made by the Mining Inspector under the provisions of

this or any other act pertaining to or affecting any mine or mines

Oklahoma Statutes - Title 45. Mines and Mining

or the operation thereof, wherein the issuance thereof is within the

discretion of the Mining Inspector and the doing or omitting of the

specific act required in said order is not by the provisions of law

made mandatory upon the operator of said mine or mines, may, upon

application by the operator of said mine or mines so affected, or

any other interested person, to the district court in the judicial

district in which the mine or mines affected may be located, be

reviewed, modified, affirmed, or canceled by said court or the judge

thereof in vacation upon a hearing being had thereon.

Said applicant for a review of said order shall file with the

clerk of said court a petition against said Inspector issuing said

order setting forth in concise language the order complained of and

the objections thereto. Upon the filing of said petition the clerk

of said court shall issue summons against said Mining Inspector as

in other civil actions except that same may be lawfully served and

jurisdiction obtained by service in any county of this state where

said mining inspector may be found. Jurisdiction of the person when

so served and subject matter is hereby conferred on said court.

Upon the district court acquiring jurisdiction, as aforesaid,

said court or the judge thereof in vacation shall proceed as in

other civil cases to hear and determine the controversy presented by

the order complained of, the objections set forth in the petition

and any answer filed thereto by said Mining Inspector. The burden

shall be on the applicant to show the order unreasonable or

unnecessary. Upon a hearing thereof, the said court or the judge

thereof from the evidence introduced shall enter a judgment

affirming, modifying or canceling said order as the reasonableness

of or necessity therefor may appear. Said district court or the

judge thereof, in vacation, may at the time of filing said petition

or subsequent thereto suspend the operation of said order complained

of pending final determination upon a showing of reasonable

necessity therefor and on such terms as said court or judge may

impose. Either party may appeal from the final judgment of said

court or judge to the Supreme Court of this state as in other civil

cases.

Laws 1929, c. 42, p. 53, § 24.