Oklahoma § 75-317 - Rehearing, reopening or reconsideration of agency

§ 75-317. Rehearing, reopening or reconsideration of agency

decision.

A. A final agency order issued by an administrative head of an

agency shall be subject to rehearing, reopening or reconsideration

by such administrative head. Any application or request for such

rehearing, reopening or reconsideration shall be made by any party

aggrieved by the final agency order within ten (10) days from the

date of the entry of such final agency order. The grounds for such

action shall be either:

1. Newly discovered or newly available evidence, relevant to

the issues;

2. Need for additional evidence adequately to develop the facts

essential to proper decision;

3. Probable error committed by the agency in the proceeding or

in its decision such as would be ground for reversal on judicial

review of the final agency order;

4. Need for further consideration of the issues and the

evidence in the public interest; or

5. A showing that issues not previously considered ought to be

examined in order properly to dispose of the matter.

B. The order of the agency granting rehearing, reconsideration

or review, or the petition of a party therefor, shall set forth the

grounds which justify such action.

C. Nothing in this section shall prevent rehearing, reopening

or reconsideration of a matter by any agency in accordance with

other statutory provisions applicable to such agency, or, at any

time, on the ground of fraud practiced by the prevailing party or of

procurement of the order by perjured testimony or fictitious

evidence.

D. On reconsideration, reopening, or rehearing, the matter may

be heard by the agency, or it may be referred to a hearing examiner.

The hearing shall be confined to those grounds upon which the

reconsideration, reopening or rehearing was ordered.

E. If an application for rehearing shall be timely filed, the

period within which judicial review, under the applicable statute,

Oklahoma Statutes - Title 75. Statutes and Reports

must be sought, shall run from the final disposition of such

application.

Laws 1963, c. 371, § 17; Laws 1992, c. 310, § 13, eff. July 1, 1992.