Okla. Stat. tit. 63, § 63-3291: Submission of certain agreements to Contingency Review

Board - Declaratory judgment of validity by Supreme Court of

Oklahoma.

A. Contingent upon the creation of the Oklahoma State

University Medical Trust as provided in Section 20 of this act, the

Trust, prior to acceptance, shall submit to the Contingency Review

Board for review the proposed agreement regarding the lease and

operations of any hospital or hospitals owned by the Oklahoma State

University Medical Authority to any entity authorized to transact

business in the state and an independent statement as to the

fairness of said proposed agreement for the State of Oklahoma. The

Contingency Review Board shall upon receipt of the proposed

agreement meet within fifteen (15) business days to review the

proposed agreement; and unless the Contingency Review Board

disapproves the proposed agreement, the agreement may be executed

but no lease of the hospital or hospitals shall become effective

until after Supreme Court approval pursuant to subsection B of this

section.

B. 1. If a proposed agreement is not disapproved by the

Contingency Review Board pursuant to subsection A of this section,

the Oklahoma State University Medical Authority and Oklahoma State

University Medical Trust, within thirty (30) calendar days after the

time for Contingency Review Board action has expired, may file a

petition with the Supreme Court of Oklahoma for a declaratory

judgment determining the validity of the proposed agreement. The

review of the Court shall be based upon the exercise of any of the

powers, rights, privileges, and functions conferred upon the

authority or the Oklahoma State University Medical Trust, as

applicable, under the Oklahoma State University Medical Authority

Act and Oklahoma laws. Exclusive original jurisdiction is conferred

upon the Supreme Court to hear and determine such petitions. The

Supreme Court shall give such petitions precedence over other

business of the Court except habeas corpus proceedings.

2. Notice of the hearing of such a petition shall be given by a

notice published in a newspaper of general circulation in this state

that on a day specified the Supreme Court will hear the petition to

approve the proposed agreement and enter a declaratory judgment.

The notice shall be published one time not less than ten (10) days

prior the date specified for the hearing. The notice shall inform

property owners, taxpayers, citizens and all persons having or

claiming any right, title, or interest in the proposed agreement or

properties or funds to be affected by the implementation of the

proposed agreement, or affected in any way thereby, that they may

file protests against the approval of the proposed agreement, and be

present at the hearing to contest the legality of the proposed

agreement. The hearing may be adjourned from time to time at the

discretion of the Court.

3. If the Court is satisfied that the proposed agreement is in

accordance with the Oklahoma State University Medical Authority Act

and Oklahoma laws, the Court shall enter a declaratory judgment

approving and declaring the proposed agreement to be valid and

conclusive as to the Authority, the Trust, and all other parties to

the proposed agreement; and, upon petition of the Authority, shall

issue an order permanently enjoining all persons described in the

notice required by this subsection from thereafter instituting any

action or proceeding contesting the validity of the proposed

agreement. A declaratory judgment rendered pursuant to this

subsection shall have force and effect of a final judgment or decree

and shall be incontestable in any court in this state.

4. As used in the Oklahoma State University Medical Authority

Act, "proposed agreement" means one or more contracts regarding the

lease and operations of any hospital or hospitals owned by the

Oklahoma State University Medical Authority and all other agreements

to this

subsection shall have force and effect of a final judgment or decree

and shall be incontestable in any court in this state.

4. As used in the Oklahoma State University Medical Authority

Act, "proposed agreement" means one or more contracts regarding the

lease and operations of any hospital or hospitals owned by the

Oklahoma State University Medical Authority and all other agreements

contemplated by or referred to in the contract regarding such lease

and operations.