SECTION 240:15-3-3. Review of Appeal Tribunal decision

(a)   Any interested party desiring to appeal the decision of the Appeal Tribunal shall file an appeal with the Board of Review. Any legible document that reflects the appealing party's desire to appeal and bears the party's signature and date shall constitute the appeal document. The appealing party shall state the reasons for the appeal in the appeal document. The appeal documents shall be filed with the Board of Review at its office in Oklahoma City, Oklahoma, within ten (10) days of the certified mailing of the Appeal Tribunal decision. Filing may be accomplished in any manner set out in 40 O.S. Section 1-224. The certificate of mailing on the Appeal Tribunal decision shall constitute prima facie evidence of mailing and create the presumption of receipt of the decision. The Clerk of the Board of Review shall notify the nonappealing party that an appeal has been filed. No response to the appeal shall be necessary by the nonappealing party. If the appeal is to be submitted on the record, the case shall be assigned for review and decision.

(b)   On appeal, the Board of Review shall have access to all documents submitted by the Commission to the Appeal Tribunal, all testimony and exhibits introduced at the Appeal Tribunal hearing, motions made by the parties and rulings thereon, and the decision of the Appeal Tribunal. After reviewing all documents and the record of the case, if the Board of Review finds that a document of the Commission is relevant and should be considered in deciding the case, although it was not introduced or entered into evidence at the original Appeal Tribunal hearing, then the Board of Review may remand the case to the Appeal Tribunal for further hearing. At the hearing, the Appeal Tribunal shall move to admit the document in question into evidence. Each party shall be given the opportunity to state its objection to the document. After hearing all objections, the Appeal Tribunal shall rule on whether the document in question should be admitted into evidence. After the hearing is closed, the Appeal Tribunal shall issue a new decision.

(c)   If, at the original Appeal Tribunal hearing, any documents, exhibits, testimony or evidence of any kind was, or could have been, in the possession of the propounding party, but the propounding party failed to introduce it at the hearing and it was not included in the documents of the Commission, then it shall not be considered or made part of the record by the Board of Review, or the Appeal Tribunal on remand.

(d)   If new or additional information is discovered by a party after the original Appeal Tribunal hearing and the information could not have been produced or discovered by the party before the original hearing, the Board of Review may admit the new or additional information into evidence and remand the case to the Appeal Tribunal for further hearing and a new decision in light of the new evidence. The proponent of the new or additional information shall bear the burden of proving, by a preponderance of the evidence, that the information was not, and could not have been, obtained by the propounding party before the original Appeal Tribunal hearing. The propounding party shall present his or her arguments and evidence concerning this issue in the form of a brief filed with the Board of Review. If the opposing party objects to the inclusion of the new or additional information into the evidence of the case, the objection shall be set out in a brief in response. Briefing times shall be set by order of the Board of Review.

[Source: Amended at 15 Ok Reg 1503, eff 5-11-98; Amended at 16 Ok Reg 1183, eff 5-13-99]