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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1720 By: Dahm
AS INTRODUCED
An Act relating to the Administrative Proced ures Act;
amending 75 O.S. 2021, Sectio n 318, which relates to
judicial review; requiring a court or an
administrative hearing officer to provide de novo
interpretation of statute, rule, or other regulation;
establishing guidelines for court interpretation o f
statute, rule, or other regulation in certain
actions; updating statutory reference; updating
statutory language; and providing an effective d ate.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 75 O.S. 2021, Section 318, is
amended to read as follows:
Section 318. 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.
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2. This section shall not prevent resort to other means of
review, redress, relie f 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.
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 of Oklahoma, s hall be
afforded by such proceedings taken in accordance with the proced ure
and under the conditions otherwise provided by law, but subject to
the applicable provisions of Sections 319 through 324 323 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
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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
determines that the proceeding brought by the party is frivolous or
was brought to delay the effect of said such final agency order.
2. The party aggrieved by the final agency order may be
entitled to recover a gainst 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, a court of this state or an 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 tool s of interpretation, the court or
hearing officer shall exercise any remaining doubt in favor of a
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reasonable interpretation which lim its agency power and maximizes
individual liberty.
SECTION 2. This act shall become effective November 1, 2024.
59-2-3352 TEK 1/16/2024 5:57:06 PM