Oklahoma § 75-318 - Judicial review

§ 75-318. Judicial review

A. 1. Any party aggrieved by a final agency order in an

individual proceeding is entitled to certain, speedy, adequate, and

complete judicial review thereof pursuant to the provisions of this

section and Sections 319, 320, 321, 322, and 323 of this title.

2. This section shall not prevent resort to other means of

review, redress, relief, or trial de novo, available because of

constitutional provisions.

3. Neither a motion for new trial nor an application for

rehearing shall be prerequisite to secure judicial review.

4. A claim under the Administrative Procedures Act accrues when

any plaintiff properly joined in the action has the right to assert

the claim in court, which at the earliest shall be the date the

party is aggrieved by final agency action.

B. 1. The judicial review prescribed by this section for final

agency orders, as to agencies whose final agency orders are made

subject to review, under constitutional or statutory provisions, by

appellate proceedings in the Supreme Court, shall be afforded by

such proceedings taken in accordance with the procedure and under

the conditions otherwise provided by law, but subject to the

applicable provisions of Sections 250.5 and 319 through 323 of this

title, and the rules of the Supreme Court.

2. In all other instances, proceedings for review shall be

instituted by filing a petition, in the district court of the county

in which the party seeking review resides or at the option of such

party where the property interest affected is situated, naming as

respondents only the agency, such other party or parties in the

administrative proceeding as may be named by the petitioner or as

otherwise may be allowed by law, within thirty (30) days after the

appellant is notified of the final agency order as provided in

Section 312 of this title.

C. Copies of the petition shall be delivered in person or

mailed, postage prepaid, to the agency and all other parties of

record, and proof of such delivery or mailing shall be filed in the

court within ten (10) days after the filing of the petition. Any

party not named as a respondent in the petition is entitled to

respond within ten (10) days of receipt of service. The court, in

its discretion, may permit other interested persons to intervene.

D. In any proceedings for review brought by a party aggrieved

by a final agency order:

1. The agency whose final agency order was made subject to

review may be entitled to recover against such aggrieved party any

court costs, witness fees, and reasonable attorney fees if the court

Oklahoma Statutes - Title 75. Statutes and Reports

determines that the proceeding brought by the party is frivolous or

was brought to delay the effect of the final agency order.

2. The party aggrieved by the final agency order may be

entitled to recover against such agency any court costs, witness

fees, and reasonable attorney fees if the court determines that the

proceeding brought by the agency is frivolous.

E. In the interpretation of a state statute, administrative

rule, or other regulation, the reviewing court or officer hearing an

administrative action shall not defer to the interpretation of a

state agency and shall interpret the meaning and effect de novo. In

an action brought by or against a state agency, after applying all

customary tools of interpretation, the court or hearing officer

shall exercise any remaining doubt in favor of a reasonable

interpretation which limits agency power and maximizes individual

liberty.

Added by Laws 1963, c. 371, § 18. Amended by Laws 1977, c. 114, § 2,

eff. Oct. 1, 1977; Laws 1992, c. 310, § 14, eff. July 1, 1992; Laws

2011, c. 189, § 1, eff. Nov. 1, 2011; Laws 2025, c. 259, § 1, eff.

Nov. 1, 2025.