Oklahoma § 59-1471 - Appeal to district court

§ 59-1471. Appeal to district court

Any person dissatisfied with the action of the Board in refusing

his application or suspending or revoking his license, or any other

action of the Board, may appeal the action of the Board by filing a

petition within thirty (30) days thereafter in the district court of

Oklahoma County, Oklahoma, and the court is vested with jurisdiction

and it shall be the duty of the court to set the matter for hearing

upon ten (10) days' written notice to the Council and the attorney

representing the Board. The court in which the petition of appeal

is filed shall determine whether or not a cancellation or suspension

of a license shall be abated until the hearing shall have been

consummated with final judgment thereon or whether any other action

of the Board should be suspended pending hearing, and enter its

order accordingly, which shall be operative when served upon the

Board, and the court shall provide the attorney representing the

Board with a copy of the petition and order. The Board and Council

shall be represented in such appeals by the Attorney General or any

of his assistants. The Board shall initially determine all facts,

but the court upon appeal may set aside the determination of the

Board if the Board's determination:

1. is not based upon substantial evidence determinable upon the

entire record;

2. is arbitrary or capricious;

3. is in violation of statutory requirements; or

4. was made without affording to licensee or applicant due

process of law.

Amended by Laws 1985, c. 189, § 14, operative July 1, 1985.