Req. No. 8486 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3139 By: Humphrey
AS INTRODUCED
An Act relating to administrative law; creating the
Administrative Hearings Reform Act; amending 75 O.S.
2021, Sections 308a, 309, 310, 312, 315, 316, 317,
and 323, which relate to individual proceedings;
creating jurisdiction of district judges regarding
individual proceedings; prohibiting agencies from
conducting individual proceedings; preventing the
hiring of hearing officers and admi nistrative law
judges; disallowing individ ual proceedings at
executive sessions; eliminating recording
requirement; clarifying evidentiary procedures;
clarifying final order provisions; changing
production and subpoena language to provide for
district courts; changing disqualification language
from agencies to district judges; construing
rehearing, reopening , and reconsideration p rovisions
to apply to district judges; providing for stay of
order during rehearing, reopening, or reconsideration
under certain circumstances; clarifying review and
appeal language; repealing 75 O.S. 2021, Sections
311, 311.1, 311.2, as amended by Section 26, Chapter
243, O.S.L. 2022, 313, 318, 319, 320, 321, and 322
(75 O.S. Supp. 2023, Section 311.2) which relate to
individual proceedings; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
Req. No. 8486 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
This act shall be known and may be cited as the "Administrative
Hearings Reform Act".
SECTION 2. AMENDATORY 75 O.S. 2021, Section 308a, is
amended to read as follows:
Section 308a. The provisions of Article II of the
Administrative Procedures Act govern the hearing procedures of
agencies, and does not grant jurisdiction, n ot otherwise provided by
law. The Legislature reco gnizes that agencies take actions and make
decisions, other than by through the individual proceedings for
which the right to ju dicial review is intended to be exercised
pursuant to other laws process.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s Section 308b of Title 75, unless there
is created a duplication in numbe ring, reads as follows:
A. No agency shall conduct an individual proceeding, quasi-
judicial hearing, or other process of a judicial or quasi-judicial
nature to resolve complaints between parties, to review decisions
made by an agency against an individual , corporation, or entity, to
review pending applications of an individual, corporation, or
entity, or to hear evidence brought by affected parties to any
proposed applications. All complaints between an agency and another
party, or individual proceedings as prescribed by the Oklahoma
Statutes, shall be filed and adjudicated in the applicable district
court in accordance with the Oklahoma Statutes.
Req. No. 8486 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. All agencies are proh ibited from hiring administrative law
judges or hearing examiners to conduct proceedings and hearings as
described by this section or to resolve disputes between parties.
C. Oklahoma district courts shall have exclusive jurisdiction
over all disputes arising from or related to state agency actions.
D. Unless otherwise provided by law, individual proceedin gs or
other administrative disputes as described in this section shall be
filed in the district court of the county in which the alleged
decision, conduct, or violation occurred.
E. District courts shall issue final orders in accordance with
Section 312 of this title.
F. All parties involved in a n administrative dispute shall have
the right to present their case before a judge and seek remedies
available under applicable law.
G. Any administrative judges or hearing examiners currently
employed by state agencies shall b e reassigned to other roles within
the respective agencies or phased o ut in accordance with existing
employment policies.
SECTION 4. AMENDATORY 75 O.S. 2021, Section 309, is
amended to read as follows:
Section 309. A. In an individual procee ding, all parties shall
be afforded an opportunity for hearing after reasonable notice.
B. The notice shall include:
1. A statement of the time, place, and nature of the hear ing;
Req. No. 8486 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. A statement of the legal autho rity and jurisdiction under
which the hearing is to be held;
3. A reference to th e particular sections of the statutes and
rules involved; and
4. A short and plain statement of the matters asserted. If the
agency or other party is unable to state the ma tters in detail at
the time the notice is served, the initial notice may be limite d to
a statement of the issues involved. Thereafter u pon application a
more definite and detail ed statement shall be furnished.
C. Opportunity shall be afforded all parties to respond and
present evidence and argu ment on all issues involved.
D. Deliberations by administrative heads, hearing examiners,
and other persons authorized by law may be hel d in executive session
pursuant to paragraph 8 of subsection B of Section 307 of Title 25
of the Oklahoma Statutes.
E. Unless precluded by law, informal dispo sition may be made of
any individual proceeding by sti pulation, agreed settlement, consent
order, or default.
F. E. The record in an indiv idual proceeding shall include:
1. All pleadings, motions , and intermediate rulings;
2. Evidence received or consider ed at the individual
proceeding;
3. A statement of ma tters officially noticed;
Req. No. 8486 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. Questions and offers of proof, objections, and ruling s
thereon;
5. Proposed findings and exceptions;
6. Any decision, opinion, or report by the officer presiding at
the hearing or opinion of the district judg e; and
7. All other evidence or data submitted to the hearing examiner
or administrative head district judge in connection with their
consideration of the case, provided all parties have had access to
such evidence.
G. F. Oral proceedings shall be electronically recorded. Such
recordings shall be maintained for such time so as to protect the
record through judicial review. Copies of the recordings shall be
provided by the agenc y at the request of any party to the
proceeding. Costs of transcription of the recordings shal l be borne
by the party requesting the tra nscription. For judicial review,
electronic recordings of an individual proce eding, as certified by
the agency, may be submitted to the reviewing court by the agency as
part of the record of the proceedings under review without
transcription unless otherw ise required to be transcribed by the
reviewing court. In such case, the expe nse of transcriptions shall
be taxed and assessed against the nonprevailing party. Parties to
any proceeding may have the proceedings t ranscribed by a court
reporter at their ow n expense.
Req. No. 8486 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
H. G. Findings of fact shall be based exclusively on the
evidence received and on matters officially noticed in the
individual proceeding unless other wise agreed upon by the parties on
the record.
SECTION 5. AMENDATORY 75 O.S. 2021, Section 310 , is
amended to read as follows:
Section 310. In individual proceedings:
1. Agencies District judges may admit and give probative effect
to evidence which possesses probative value commonly accepted by
reasonably prudent persons in the conduct of their affairs . They
shall give effect to the rules of privilege recognized by law in
respect to: self-incrimination; confidential communications between
husband and wife during the subsistence of the marriage rela tion;
communication between attorney and client, made in that relation;
confessions made to a cl ergyman or priest in his or her professio nal
capacity in the course of discipline enjoined by the c hurch to which
he or she belongs; communications made by a pa tient to a licensed
practitioner of one of the healing arts with reference to any
physical or supposed physical disease or of knowledge g ained by a
practitioner through a physical examination of a patient made in a
professional capacity; records and files of any official or agency
of any state or of the Unite d States which, by any statute of a
state or of the United States are made confiden tial and privileged.
No greater exclusionary effect shall be given any such rule or
Req. No. 8486 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
privilege than would obtain in an action in court. Agencies
District judges may exclude incompetent, irrelevant, immaterial , and
unduly repetitious evidence. Objections to evidentiary offers may
be made and shall be noted in th e record. Subject to these
requirements, when a hearing will be expedited and the interests of
the parties will not be prejudiced substantially, any p art of the
evidence may be received in written form;
2. Documentary evide nce may be received in the form of copies
or excerpts, if the original is not readily availa ble. Upon
request, parties shall be given an opportun ity to compare the copy
with the original;
3. A party may conduct cross-examinations required for a full
and true disclosure of the facts;
4. Notice may be taken of judicially cognizable facts. In
addition, notice may be taken of generally recognized te chnical or
scientific facts within t he agency's specialized knowledge. Parties
shall be notified either befor e or during the hearing, or by
reference in preliminary reports or otherwise, of the materia l
noticed to be proposed for judicial notice , including any staff
memoranda or data, and they sh all be afforded an opportunity to
contest the material so if noticed. The agency's experience,
technical competence, and specialized knowledge may be utilized in
the evaluation of the evidence.
Req. No. 8486 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. Any party shall at all times have the right to counsel,
provided that such counsel must be duly licensed to practice law by
the Supreme Court of Oklahoma, a nd provided further that counsel
shall have the right to appe ar and act for and on behalf of the
party represented.
6. A party may request the exclusion of witnesses to the
extent and for the purposes stated in Section 2615 of Title 12 of
the Oklahoma Statutes. Exclusion of a witness shall not be a
violation of the Oklahoma Open Meeting Act.
SECTION 6. AMENDATORY 75 O.S. 2021, Section 312, is
amended to read as follows:
Section 312. A. A final agency order adverse to a party of
the district court on an individual proceeding or other hearing
under this act shall:
1. Be in writing; and
2. Include findings of fact and conclusions of law, separate ly
stated. Findings of fac t, if set forth in st atutory language, shall
be accompanied by a concise and explicit statem ent of the underlying
facts supporting the findings. If, in accordance with agency rules,
a party submitted proposed findings of fact, t he final agency order
shall include a ruling upo n each proposed finding.
B. Parties shall be notified either personall y or by certified
mail, return receipt re quested, of any final agency order. Upon
Req. No. 8486 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
request, a copy of the order shall be delivered or mai led forthwith
to each party and to his or her attorney of record.
C. When the district judge issues a final order, that order
shall be binding on all parties and becomes the final order of the
applicable agency without further proceeding unless there is a
request for rehearing, reo pening, or reconsider ation pursuant to
Section 317 of this title.
SECTION 7. AMENDATORY 75 O.S. 2021, Section 315, is
amended to read as follows:
Section 315. A. 1. The agency conducting any parties subject
to an individual proceeding or agency investigation shall have p ower
to require the furnishing of such information, th e attendance of
such witnesses, and the pr oduction of such books, records, papers o r
other objects as may be necessary and proper fo r the purposes of the
proceeding or investigation.
2. The agency, or any party to a proceeding before it, may take
the depositions of witnesses, within o r without the state, in the
same manner as is provided by law for the taking of depositions in
civil actions in courts o f record. Depositions so taken shall be
admissible in any procee ding affected by this act. P rovided,
however, all or any part of the d eposition may be objected to at
time of hearing, and may be received in evidence or excluded from
the evidence by the agency or individual conducting the hearin g
district court judge in accordance with the law with reference to
Req. No. 8486 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
evidence in this act o r with reference to evidence in courts of
record under the law of the State of Oklahoma.
B. In furtherance of the powers gran ted by subsection A of this
section, any agency, administrative h ead, hearing examiner or any
other duly authorized member or empl oyee thereof, upon its own
motion may, and upon the request of any party appearing in subject
to an individual proceeding , or district judge shall may:
1. Issue subpoenas for witnesses;
2. Issue subpoenas duces tecum t o compel the production of
books, records, papers or other objects, which may be served by the
marshal of the agency or by any person in any manner prescribed for
the service of a subpoena in a civil ac tion; or
3. C. Quash The district judge may quash a subpoena or
subpoenas duces tecum so issued; provided, prior to quashing a
subpoena or subpoenas duces tecum the agency court shall give notice
to all parties. A su bpoena or subpoenas duces tecum may not be
quashed if any party objects.
C. D. 1. In case of disobedience to any subpoena issued and
served under this section or to any lawful a gency requirement for
information, or of the refusal of any person to testify t o any
matter regarding which he or she m ay be interrogated la wfully in a
proceeding before an agency, the agency may apply t o the district or
superior court of the county of such person 's residence or to any
judge thereof for an order to compel compliance with the subpoena or
Req. No. 8486 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the furnishing of information or the giv ing of testimony.
Forthwith, the court or the judge shall cite the respondent to
appear and shall hear the matter as expeditious ly as possible.
2. If the disobedience or refusal is found to be unlawful, the
court, or the judge, shall enter an order requi ring compliance.
Disobedience of such an order shall be punish ed as contempt of court
in the same manner and by the same procedu re as is provided for like
conduct committed in the co urse of judicial proceedings.
SECTION 8. AMENDATORY 75 O.S. 2021, Section 316, is
amended to read as follows:
Section 316. A hearing examiner or agency member district
judge shall withdraw from any individual proceeding in which he
cannot accord a fair and impartial hearing or consideration. Any
party may request the disquali fication of a hearing examiner or
agency member district judge, on the ground of his or her inability
to give a fair and impartial hearing, by filing an affidavit a
motion, promptly upon discovery of the alleged disqualificati on,
stating with particularity the grounds upon which it is claimed that
a fair and impartial he aring cannot be accorded. The issue shall be
determined promptly by the administrative he ad of the agency, or, if
it affects a member or members of the agency, by the remaining
members thereof, if a quorum. Upon the entry of an order of
disqualification affecting a hearing examiner, the agency shall
assign another in his stead or shall conduc t the hearing itself.
Req. No. 8486 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Upon the disqualification of a member of an age ncy, the agency shall
proceed with the proceeding if a quorum remains. If a quorum no
longer exists, by virtue of the member's disqualification, the
Governor immediately shall appoint a member pro tempore to sit in
place of the disqualified member in that proceeding. In further
action, after the disqualific ation of a member of an agency, the
provisions of Section 311 of this title shall apply. The
disqualification shall be addressed in accordance with Rule 15 of
Title 12 of the Oklahoma Statutes.
SECTION 9. AMENDATORY 75 O.S. 20 21, Section 317, is
amended to read as follows:
Section 317. A. A final agency order issued by an
administrative head of a n agency a district judge for an individual
proceeding shall be subject to reh earing, reopening or
reconsideration by such administrative head district judge. Any
application or request for such rehearing, reopen ing or
reconsideration shall be made by an y party aggrieved by the final
agency order within ten (10) days from the date of the entry of such
final agency order and shall state the grounds for the requested
action. The grounds for such action shall be eit her:
1. Newly discovered or newly available evidence, relevant to
the issues;
2. Need for additional evidence adequatel y to develop the facts
essential to proper decision;
Req. No. 8486 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Probable error committed by the agency judge in the
proceeding or in its decis ion such as would be ground for reversal
on judicial review of the final agency order appeal of the final
order;
4. Need for further consideration of the issues and the
evidence in the public interest; or
5. A showing that issues not previously considere d ought to be
examined in order properly t o dispose of the matter.
B. The order of the agency court granting or denying 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 rehea ring, 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 testi mony or fictitious
evidence.
D. On reconsideration, reopening, or rehearing, t he matter may
be heard by the agency, or it may be referred to a hearing examiner
shall be heard by the district court judge who conduc ted the initial
proceedings. 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 a pplicable statute,
Req. No. 8486 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
must be sought, shall r un from the final disposition of such
application.
E. The filing of a proceedin g for reconsideration, reopening,
or rehearing shall not stay enforcement of the final order but the
court may order a stay upon such terms as it deems proper, and shall
do so whenever required by subsection F of this section.
F. In an individual proceeding in any court for the
reconsideration, reopening, or rehearing of a final order, upon the
filing of an applicat ion, supported by ver ified statements of
material fact establi shing that the enforcement of the order pending
review of the application would result in present, continuous, and
irreparable impairment of the constitutional rights of the
applicant, a stay of the enforce ment of such order and of the
accrual of penalties thereunder shall be entered upon the condition
that:
1. Injury to adverse parti es or to the public, as the case may
be, can be obviated through the furnishing of security ade quate to
compensate for any lo ss which may be suffered as a result of the
stay in the event the order is affirmed, in whole or in p art;
2. A supersedeas bond, in the amount and with sureties
prescribed and approved by the court, in its sound judicial
discretion, as adequate to meet requirement 1, be filed with such
court. If an application for supersedeas hereunder, accompanied by
a proposal for a supersedeas bond , is not acted upon by the court
Req. No. 8486 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
within forty-five (45) days from the filing thereof, the order
appealed from thereupon shall be aut omatically superseded and
stayed, during the pendency of the appeal, upon the filing of the
bond proposed in the application ; provided, however, that the court
thereafter may reasonably modify the terms of the supersede as as to
amount and surety whereupon the appellant shall comply with such
modification in order to maintain the supersedeas in effe ct.
SECTION 10. AMENDATORY 75 O.S. 2021, Section 323, is
amended to read as follows:
Section 323. An aggrieved party, or the agency, w ithout any
motion for a new trial, may secure a rev iew of any final order or
judgment of a district or superior court under this act by appeal to
the Supreme Court. Such appeal shall be taken in the manner and
time provided by law for appeal to the Suprem e Court from the
district court in civil actions. An agency taking an appeal shall
not be required to give bond.
SECTION 11. REPEALER 75 O.S. 2021, Section 311, is
hereby repealed.
SECTION 12. REPEALER 75 O.S. 2021, Section 311.1, is
hereby repealed.
SECTION 13. REPEALER 75 O.S. 2021, Section 311.2, as
last amended by Section 26, Chapter 243, O.S.L. 2022 (75 O.S. Supp.
2023, Section 311.2), is hereby repealed.
Req. No. 8486 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 14. REPEALER 75 O.S. 2021, Section 313, is
hereby repealed.
SECTION 15. REPEALER 75 O.S. 2021, Section 318, is
hereby repealed.
SECTION 16. REPEALER 75 O.S. 2021, Section 319, is
hereby repealed.
SECTION 17. REPEALER 75 O.S. 2021, Section 320, is
hereby repealed.
SECTION 18. REPEALER 75 O.S. 2021, Section 321, is
hereby repealed.
SECTION 19. REPEALER 75 O.S. 2021, Section 322, is
hereby repealed.
SECTION 20. This act shall become effective November 1, 2024.
59-2-8486 SW 01/16/24