SECTION 660:1-5-1. Procedures for appeals to the Commission

(a)   Scope. The provisions of this Section govern the procedures for appeals by a person aggrieved by a final order of the Administrator filed before the Commission. These procedures shall not be construed to extend or limit the jurisdiction of the Commission or the Administrator as established by law.

(b)   Appeal-how and when taken. In matters in which an appeal is permitted by law, the person appealing the order shall file with the Administrator a petition within fifteen (15) days after entry of the order. The Administrator shall submit the petition to the Commission at the next scheduled Commission meeting. The Petition shall specify the party or parties requesting the appeal; shall designate the order or part thereof appealed from; shall request a record on appeal be compiled; shall set forth appellant's agreement to pay for the preparation of the record on appeal; and shall be signed by the party or parties or counsel for the party or parties. For purposes of this subsection, the term "entry of the order" means the day the final order is mailed or personally delivered to the persons entitled to receive the order.

(c)   Record on appeal. Upon receipt of the petition of appeal, the Administrator shall direct the Department to compile the record on appeal. The record on appeal shall consist of the record upon which the final order was issued as described in 660:2-9-7. Upon completion of the record on appeal, the Administrator shall notify the appellant that the record has been completed. Upon payment of the costs of preparation of the record on appeal, copies of the record will be served upon the Commission and all parties to the appeal with a notice of the date that the record was served and the briefing schedule.

(d)   Briefing schedule and briefs. The appellant shall file six copies of his opening brief on appeal with the Administrator and serve one copy on all other parties to the appeal within fifteen (15) days of service of the record on appeal. The appellee shall file six copies of his opening brief on appeal with the Administrator and serve one copy on all other parties to the appeal within fifteen (15) days of receipt of the brief of appellant. The Chairperson of the Commission, or his designee, may, upon good cause shown, enlarge these periods as he deems appropriate.

(1)   Brief of appellant. The brief of the appellant shall contain under appropriate headings and in the order here indicated:

(A)   A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited.

(B)   A statement setting forth any objection to the jurisdiction of the Department and the grounds for such objection or a statement that no objection to jurisdiction is being made.

(C)   A statement of the issues presented for review.

(D)   A statement of the case. The statement shall first indicate briefly the nature of the case, the course of the proceedings, and its disposition with the Administrator. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record. No factual statements may be made in the brief unless asserted at the hearing before the Administrator and a citation to the record is included.

(E)   An argument. The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the issues presented and the reasons therefor, with citations to the authorities, statutes and parts of the record upon which the party is relying.

(F)   A short conclusion stating the precise relief sought.

(2)   Brief of appellee. The brief of the appellee shall conform to the requirements of (1)(A)-(F) of this paragraph, except that a statement of jurisdiction, of the issues or of the case need not be made unless the appellee is dissatisfied with the statement of the appellant.

(3)   Oral argument. All parties submitting briefs shall include, either on the cover of the brief or by separate document filed with the brief, a statement as to whether oral argument before the Commission is desired.

(4)   Length of briefs. Except by permission of the Chairperson of the Commission, or his designee, the briefs of the parties shall not exceed thirty (30) pages, exclusive of the table of contents, table of citations and appendix.

(5)   Appendix to brief. A party to an appeal may submit, contemporaneously with the filing and service of his brief, an appendix containing copies of material cited in the brief, such as cases, statutes, treatises, and other authorities or copies of portions of the record on appeal. Copies of authorities must reflect the official citation to the authority. Portions of the record must be accompanied by a citation to the exact location of the material in the official record on appeal. The appendix shall not contain any argument or material which should have been more appropriately included in the brief.

(6)   Appeal based on newly discovered evidence. Any appeal of a final order of the Administrator based in whole or in part on the grounds that newly discovered evidence has been obtained shall include in the brief a detailed description of the newly discovered evidence, a statement setting forth specifically how the new evidence is relevant, and a detailed explanation of why the evidence could not have been discovered in a timely fashion prior to the issuance of the final order by the Administrator. If the Commission determines the newly discovered evidence should be considered, it shall remand the matter to the Administrator with instruction to rehear the matter and consider the newly discovered evidence.

(e)   Stay pending review. The filing of an appeal with the Commission does not stay the order of the Administrator pending the appeal.

(1)   A party aggrieved by a final order of the Administrator may, upon filing a petition for appeal with the Commission, apply to the Administrator for a stay pending the appeal. The Administrator may stay the effect of his order pending the appeal upon such grounds or upon condition of such undertakings as he deems, in his discretion, to be appropriate.

(2)   If the Administrator denies the application for a stay, the party may file with the Administrator six copies of an application for stay to the Commission. The application for stay shall not be longer than five (5) pages and shall set forth any grounds upon which the stay is sought. The Administrator may file a statement in opposition to the application for stay. The Administrator shall forward copies of the application for stay and any statement in opposition to the Commission within five (5) days of receipt.

(3)   The filing of an application for a stay with the Administrator or the Commission shall not have the effect of staying the order of the Administrator. The order of the Administrator shall only be stayed upon order of the Administrator, the Commission or a court of appropriate jurisdiction.

(f)   Motions. All applications or motions made to the Commission in connection with an appeal properly filed before the Commission shall be filed with the Administrator and promptly submitted to the Chairperson of the Commission, or his designee and be promptly ruled upon by the Chairperson of the Commission, or his designee.

(g)   Executive session. Deliberations by the Commission may be held in executive session.

(h)   Order on appeal. The Order of the Commission on any appeal shall contain a concise statement of the facts as found by the Commission and a concise statement of the conclusions therefrom and the effective date of the Order.

[Source: Added at 15 Ok Reg 3409, eff 7-15-98]