Oklahoma § 71-409 - Repealed by Laws 2003, c. 347, § 53, eff. July 1, 2004

§ 71-409. Repealed by Laws 2003, c. 347, § 53, eff. July 1, 2004

NOTE: Prior to repeal, this section was amended to read as follows:

(a) Any person aggrieved by a final order of the Administrator

may obtain a review by the Commission by filing with the

Administrator, within fifteen (15) days after the entry of the

order, a written petition praying that the order be modified or set

aside in whole or in part and stating the person's specific grounds

therefor. The petition; the record upon which the final order was

Oklahoma Statutes - Title 71. Securities

issued; and written briefs submitted by the appealing parties and

the Administrator shall be reviewed by the Commission. The costs of

preparing the record of the administrative hearing shall be borne by

the appealing parties. Oral argument by all parties may be heard by

the Commission en banc if requested by an appealing party. Other

than newly discovered evidence, additional evidence may only be

presented by the appealing party and/or the Administrator on the

request of the Commission. Upon the written request of the party on

whose behalf the appeal is brought, or upon the party's own motion,

the Administrator shall cause complete stenographic notes to be

taken of the proceeding before the Commission. If requested by the

appealing party, the cost of taking and transcribing such notes

shall be borne by the said appealing party. If such notes are taken

upon the motion of the Administrator, the cost shall be borne by the

Department. The Commission or a majority thereof shall make such

order as is deemed proper, just, and equitable within sixty (60)

days of receipt by the Administrator of the written petition of the

appealing party or at such later time as agreed to by all parties.

(b) Appeals by any person aggrieved by a final order of the

Commission, except a final order of the Commission to cease and

desist as provided for in paragraph (1) of subsection (a) of Section

406 of this title, shall be taken to the Supreme Court of Oklahoma

within thirty (30) days of the date that a copy of the order is

mailed to the person, as shown by the certificate of mailing

attached to the order. Any person aggrieved by a final order of the

Commission to cease and desist as provided for in paragraph (1) of

subsection (a) of Section 406 of this title shall be taken to the

district court of Oklahoma County within thirty (30) days of the

date that a copy of the order is mailed to the person, as shown by

the certificate of mailing attached to the order. The proceedings

for review shall be as now prescribed by law and by rules of the

reviewing court, subject to the power of the reviewing court to make

other and further rules with reference thereto.

(c) The commencement of proceedings under this section before

the Commission shall not operate as a stay of the Administrator's

order, unless so ordered by the Commission. The commencement of

proceedings under this section before the Supreme Court shall not

operate as a stay of the Commission's order, unless so ordered by

the Court.

Added by Laws 1959, p. 345, § 409, eff. July 1, 1959. Amended by

Laws 1961, p. 586, § 1; Laws 1984, c. 130, § 2, operative Nov. 1,

1984; Laws 1990, c. 71, § 5, eff. Sept. 1, 1990; Laws 1992, c. 241,

§ 17, eff. July 1, 1992; Laws 1998, c. 152, § 11, eff. July 1, 1998;

Laws 2003, c. 493, § 8, eff. Nov. 1, 2003.