Okla. Stat. tit. 37A, § 37A-2-152: Appeal from order of Commission - District court appeal

- 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.