Oklahoma § 63-3225 - Submission of certain contractual agreements to

§ 63-3225. Submission of certain contractual agreements to

Contingency Review Board - Declaratory judgment of Supreme Court of

Oklahoma.

A. Contingent upon the creation of the University Hospitals

Trust as provided in Section 3224 of this title, the Trust, prior to

acceptance, shall submit to the Contingency Review Board for review

the proposed agreement regarding the lease and operations of the

hospital or hospitals owned by the University Hospitals Authority to

any entity authorized to transact business in the state and an

independent statement as to the fairness of the proposed agreement

for this state. The Contingency Review Board shall upon receipt of

the proposed agreement meet within fifteen (15) business days to

review the proposed agreement; and unless the Contingency Review

Board disapproves the proposed agreement, the proposed agreement may

be executed, but no lease of the hospital or hospitals owned by the

University Hospitals Authority shall become effective until after

Supreme Court approval pursuant to subsection B of this section;

provided, any amendment to the provisions of this section shall not

be construed to affect or abrogate any agreement approved pursuant

Oklahoma Statutes - Title 63. Public Health and Safety

to the provisions of this section prior to the effective date of

such amendment.

B. 1. If a proposed agreement is not disapproved by the

Contingency Review Board pursuant to subsection A of this section,

the University Hospitals Authority and University Hospitals Trust,

within thirty (30) calendar days after the time for Contingency

Review Board action has expired, may file a petition with the

Supreme Court of Oklahoma for a declaratory judgment determining the

validity of the proposed agreement. The review of the Court shall

be based upon the exercise of any of the powers, rights, privileges,

and functions conferred upon the Authority or the University

Hospitals Trust, as applicable, under the University Hospitals

Authority Act and Oklahoma laws. Exclusive original jurisdiction is

conferred upon the Supreme Court to hear and determine such

petitions. The Supreme Court shall give such petitions precedence

over other business of the Court except habeas corpus proceedings.

2. Notice of the hearing of such a petition shall be given by a

notice published in a newspaper of general circulation in this state

that on a day specified the Supreme Court will hear the petition to

approve the proposed agreement and enter a declaratory judgment.

The notice shall be published one time not less than ten (10) days

prior to the date specified for the hearing. The notice shall

inform property owners, taxpayers, citizens, and all persons having

or claiming any right, title, or interest in the proposed agreement

or properties or funds to be affected by the implementation of the

proposed agreement, or affected in any way thereby, that they may

file protests against the approval of the proposed agreement, and be

present at the hearing to contest the legality of the proposed

agreement. The hearing may be adjourned from time to time at the

discretion of the Court.

3. If the Court is satisfied that the proposed agreement is in

accordance with the University Hospitals Authority Act and Oklahoma

laws, the Court shall enter a declaratory judgment approving and

declaring the proposed agreement to be valid and conclusive as to

the Authority, the Trust, and all other parties to the proposed

agreement; and, upon petition of the Authority, shall issue an order

permanently enjoining all persons described in the notice required

by this subsection from thereafter instituting any action or

proceeding contesting the validity of the proposed agreement. A

declaratory judgment rendered pursuant to this subsection shall have

the force and effect of a final judgment or decree and shall be

incontestable in any court in this state.

4. As used in the University Hospitals Authority Act, “proposed

agreement” means one or more contracts regarding the lease and

operations of the hospital or hospitals owned by the University

Hospitals Authority and all other agreements contemplated by or

referred to in the contract regarding such lease and operations.

Oklahoma Statutes - Title 63. Public Health and Safety

C. The procedure set forth in this section for review and

approval of agreements regarding the lease and operations of the

hospital or hospitals owned by the University Hospitals Authority

shall not be required for any amendment to an agreement which has

been so reviewed and approved which has the effect of increasing

payments due to the University Hospitals Authority or University

Hospitals Trust.

Added by Laws 1995, c. 263, § 4. Amended by Laws 1996, c. 321, § 6,

emerg. eff. June 12, 1996; Laws 1997, c. 174, § 5, emerg. eff. May

8, 1997; Laws 2023, c. 118, § 1, eff. Nov. 1, 2023.