SECTION 120:10-13-17. Appeal to the Commission

(a)   Appeals to the Commission may be taken by any person or entity aggrieved by an officer, department, board or agency of the State of Oklahoma, who is affected by any decision of the Commission's Administration. Appeals shall be filed within 30 days from the date of the decision. A notice of appeal specifying the ground shall be filed with the Chairman of the Commission. The Director shall transmit to the Chairman all documents constituting the record of the decision being appealed. An appeal stays all proceedings in the action being appealed, unless the Director certifies to the Commission that in his or her opinion a stay will cause imminent peril to life and or property. In such cases, proceedings shall not be stayed other than by an injunction granted by a court of record on application and notice to the appealing party.

(b)   The Commission shall fix a reasonable time for a hearing of the appeal and within 10 days give public notice and notice by mail or personal service to affected parties. At the hearing, any party may appear in person or by agent or by attorney. The Commission shall keep minutes of its appeal proceeding showing the vote of each member on each question. The concurring vote of 6 members of the Commission will be necessary to reverse any order, requirement, decision or determination of the Director in favor of the applicant on any matter before the Commission.

[Source: Added at 27 Ok Reg 1733, eff 6-25-10]