§ 37A-2-152 — Appeal from order of Commission - District court appeal

Oklahoma § 37A-2-152

• Jurisdiction: Oklahoma
• Title 37A: Alcoholic Beverages

Text

- Supreme Court appeal. Within thirty (30) days after a final order of the ABLE Commission, pursuant to a hearing as provided in Section 62 of this act, an applicant or licensee may appeal from the order of the ABLE Commission to the district court of the county in which the premises licensed or sought to be licensed are located. At the time of filing such an appeal, the party appealing shall give bond for costs assessed against such party. The appeal shall be taken by filing with the clerk of the district court of the proper county a written notice stating that the party appeals from the action of the ABLE Commission and stating the pertinent grounds on which the appeal is founded. Such appeal shall consist of a hearing and review of the record only as set forth in the Administrative Procedures Act. The district court may affirm, reverse or modify the order of the ABLE Commission and shall issue its order within sixty (60) days after the appeal is heard. Appeals may be taken from a final order of the district court to the Supreme Court by the applicant, licensee or by the ABLE Commission. The ABLE Commission shall not be required to give bond on appeal. The licensee may file a supersedeas bond in an amount to be fixed by the ABLE Commission staying the order until the final determination of all issues on an appeal but the order of the ABLE Commission may not be stayed unless ordered by the judge of the district court. Permission to stay the order of the ABLE Commission shall not be granted by any court unless an application therefor be made in the written notice of the applicant's or licensee's intention to appeal from the order of the ABLE Commission, and then only after a hearing before the court upon notice to both parties wherein the court determines by a preponderance of the evidence that in denying a license or in ordering the suspension or a revocation of a license, the ABLE Commission acted without legal cause or upon insufficient evidence. Provided, that in all cases where the order of the ABLE Commission is stayed by a supersedeas bond and the licensee is unsuccessful in the appeal, and the action of the ABLE Commission becomes final, such bond shall be forfeited to the State of Oklahoma by the court considering such appeal if the court finds that the appeal was frivolous or was filed for the purpose of delaying the effect of the order. In such event, the Attorney General shall commence legal proceedings in the name of the State of Oklahoma to recover the amount of the bond, which money shall be placed to the credit of the General Revenue Fund of the state.

Legislative History

Added by Laws 2016, c. 366, § 64, eff. Oct. 1, 2018. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.