Oklahoma § 71-815 - Review of orders

§ 71-815. Review of orders

A. Any person aggrieved by a final order of the Administrator

may obtain a review by the Oklahoma Securities Commission by filing

with the Oklahoma Securities Commission at the offices of the

Department of Securities, 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 ground therefor.

The petition, the record upon which the final order was issued, and

written briefs submitted by the appealing parties and the

Administrator shall be reviewed by the Oklahoma Securities

Commission. The cost of preparing the record of the administrative

hearing shall be borne by the appealing parties. Oral argument by

all parties shall be heard by the Oklahoma Securities Commission en

banc unless waived by the 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 Oklahoma

Securities Commission. Upon the written request of the party on

Oklahoma Statutes - Title 71. Securities

whose behalf the appeal is brought, or upon his own motion, the

Administrator shall cause complete stenographic notes to be taken of

the proceeding before the Oklahoma Securities 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 Oklahoma Securities

Commission or a majority thereof shall make such order as is deemed

proper, just and equitable within sixty (60) days of receipt by the

Oklahoma Securities Commission of the written petition of the

appealing party or at such later time as agreed to in writing by all

parties.

B. Any person aggrieved by a final order of the Oklahoma

Securities Commission may obtain a review of the order by the

Supreme Court of Oklahoma. The proceedings for review shall be as

now prescribed by law and by rules of the reviewing court, subject

to the power of the other court to make other and further rules with

reference thereto.

C. The commencement of proceedings under this section before

the Oklahoma Securities Commission shall not operate as a stay of

the Administrator's order, unless so ordered by the Oklahoma

Securities Commission. The commencement of proceedings under this

section before the Supreme Court shall not operate as a stay of the

Oklahoma Securities Commission's order, unless so ordered by the

Court.

Added by Laws 1985, c. 157, § 15, eff. Nov. 1, 1985. Amended by

Laws 1991, c. 79, § 5, eff. Sept. 1, 1991; Laws 1992, c. 169, § 6,

eff. Sept. 1, 1992; Laws 1997, c. 279, § 28, eff. July 1, 1997; Laws

1999, c. 109, § 20, eff. July 1, 1999.