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SENATE FLOOR VERSION
February 19, 2025
SENATE BILL NO. 918 By: Bergstrom of the Senate
and
Kendrix of the House
An Act relating to the Administrative Procedures Act;
amending 75 O.S. 2021, Section 318, which relates to
judicial review; requirin g certain statutes and rules
to be interpreted in certain manner; updating
statutory language; and providing an effective date .
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 Sec tions 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 fo r
rehearing shall be prerequisite to secure judicial review.
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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, shall be
afforded by such proceedings taken in accordance with the p rocedure
and under the conditions otherwise provided by law, but subject to
the applicable provisions of Sections 319 through 324 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 mailin g shall be filed in the
court within ten (10) days after the filing of the petition. Any
party not named as a respondent in th e petition is entitled to
respond within ten (10) days of receipt of service. The court, in
its discretion, may permit other int erested persons to intervene.
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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 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 regulatio n, 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.
SECTION 2. This act shall become effective Novembe r 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 19, 2025 - DO PASS