Oklahoma § 56-240.3 - Appeals

§ 56-240.3. Appeals

A. 1. Final orders of the Office of Administrative Hearings:

Child Support (OAH) may be appealed to the district court pursuant

Oklahoma Statutes - Title 56. Poor Persons

to this section by any party directly affected and showing

aggrievement by the order, or by the Oklahoma Department of Human

Services.

2. An appeal shall be commenced by filing a petition in error

with the clerk of the district court in the county of the underlying

district court order, if any, or if there is no underlying district

court order filed in this state, the petition in error shall be

filed in the county of residence of the custodian of the child, or

if the custodian resides out-of-state, in the county of residence of

the obligor within thirty (30) days from the date the order is

either provided in person or mailed by OAH to all parties. The time

limit prescribed in this paragraph for filing the petition in error

shall not be extended. The petition in error shall be served by

certified mail on the district child support office. Further, a

copy of the petition in error shall be mailed by regular mail to the

Office of Administrative Hearings: Child Support.

3. A designation of record shall be filed prior to or

concurrently with the filing of the petition in error. The manner

of perfection of the record of the proceedings to be reviewed and

the time for its completion shall be in accordance with rules and

forms prescribed by the Oklahoma Supreme Court.

4. The appeal shall not stay the execution of any order of the

OAH unless the district court, for cause shown, shall order the

administrative order be stayed pending such appeal.

5. The district court may affirm the decision or remand the

case for further proceedings. Additionally, the district court may

set aside, reverse or modify the decision if substantial rights of

the appellant have been prejudiced because the findings, inferences,

conclusions or decisions are:

a.

in violation of constitutional provisions,

b.

in excess of the statutory authority or jurisdiction

of OAH,

c.

made upon unlawful procedure,

d.

affected by other error of law,

e.

clearly erroneous as not supported by substantial

evidence in the record,

f.

arbitrary or capricious, or

g.

made without findings of fact upon issues essential to

the decision, although such findings of fact were

requested.

B. The certified transcript, exhibits, pleadings, recordings of

the hearing and any written orders that pertain to the appealable

order under review may constitute the record on appeal to the

district court in compliance with rules prescribed by the Oklahoma

Supreme Court. OAH shall prepare or direct the preparation of the

official transcript by a licensed court reporter, if a transcript is

requested. The party seeking a copy of the transcript of the

Oklahoma Statutes - Title 56. Poor Persons

hearing shall prepay all costs of transcription and pay a reasonable

deposit or provide adequate indemnity prior to preparation of the

transcript. If a party is financially unable to pay the

transcription costs, the party shall provide OAH and the district

office with an in forma pauperis affidavit which verifies the

inability to pay. If OAH determines the party is financially unable

to pay transcription costs, a transcript will be provided by OAH.

The transcript shall not be provided prior to full payment, payment

of a deposit, provision of adequate indemnity for all transcription

costs, or an order finding OAH will bear the costs of transcription.

Added by Laws 1985, c. 297, § 25, operative Oct. 1, 1985. Amended

by Laws 1994, c. 365, § 8, eff. Sept. 1, 1994; Laws 1997, c. 403, §

19, eff. Nov. 1, 1997; Laws 2006, c. 219, § 4; Laws 2007, c. 140, §

5, eff. Nov. 1, 2007; Laws 2019, c. 32, § 1, eff. Nov. 1, 2019.