{"data":{"id":"us-ok/okla.-stat.-tit.-75-75-318","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 75, § 75-318","heading":"Judicial review","body":"A. 1. Any party aggrieved by a final agency order in an\n\nindividual proceeding is entitled to certain, speedy, adequate, and\n\ncomplete judicial review thereof pursuant to the provisions of this\n\nsection and Sections 319, 320, 321, 322, and 323 of this title.\n\n2. This section shall not prevent resort to other means of\n\nreview, redress, relief, or trial de novo, available because of\n\nconstitutional provisions.\n\n3. Neither a motion for new trial nor an application for\n\nrehearing shall be prerequisite to secure judicial review.\n\n4. A claim under the Administrative Procedures Act accrues when\n\nany plaintiff properly joined in the action has the right to assert\n\nthe claim in court, which at the earliest shall be the date the\n\nparty is aggrieved by final agency action.\n\nB. 1. The judicial review prescribed by this section for final\n\nagency orders, as to agencies whose final agency orders are made\n\nsubject to review, under constitutional or statutory provisions, by\n\nappellate proceedings in the Supreme Court, shall be afforded by\n\nsuch proceedings taken in accordance with the procedure and under\n\nthe conditions otherwise provided by law, but subject to the\n\napplicable provisions of Sections 250.5 and 319 through 323 of this\n\ntitle, and the rules of the Supreme Court.\n\n2. In all other instances, proceedings for review shall be\n\ninstituted by filing a petition, in the district court of the county\n\nin which the party seeking review resides or at the option of such\n\nparty where the property interest affected is situated, naming as\n\nrespondents only the agency, such other party or parties in the\n\nadministrative proceeding as may be named by the petitioner or as\n\notherwise may be allowed by law, within thirty (30) days after the\n\nappellant is notified of the final agency order as provided in\n\nSection 312 of this title.\n\nC. Copies of the petition shall be delivered in person or\n\nmailed, postage prepaid, to the agency and all other parties of\n\nrecord, and proof of such delivery or mailing shall be filed in the\n\ncourt within ten (10) days after the filing of the petition. Any\n\nparty not named as a respondent in the petition is entitled to\n\nrespond within ten (10) days of receipt of service. The court, in\n\nits discretion, may permit other interested persons to intervene.\n\nD. In any proceedings for review brought by a party aggrieved\n\nby a final agency order:\n\n1. The agency whose final agency order was made subject to\n\nreview may be entitled to recover against such aggrieved party any\n\ncourt costs, witness fees, and reasonable attorney fees if the court\n\ndetermines that the proceeding brought by the party is frivolous or\n\nwas brought to delay the effect of the final agency order.\n\n2. The party aggrieved by the final agency order may be\n\nentitled to recover against such agency any court costs, witness\n\nfees, and reasonable attorney fees if the court determines that the\n\nproceeding brought by the agency is frivolous.\n\nE. In the interpretation of a state statute, administrative\n\nrule, or other regulation, the reviewing court or officer hearing an\n\nadministrative action shall not defer to the interpretation of a\n\nstate agency and shall interpret the meaning and effect de novo. In\n\nan action brought by or against a state agency, after applying all\n\ncustomary tools of interpretation, the court or hearing officer\n\nshall exercise any remaining doubt in favor of a reasonable\n\ninterpretation which limits agency power and maximizes individual\n\nliberty.","path":["OK Code","Title 75"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os75.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7d837708ee7681930880bcb8341a2b6d83ba48f5b89c6c9efb2164ec75618a11","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-75-75-317","next":"us-ok/okla.-stat.-tit.-75-75-319"},"notice":"GroundRules: Original legal text. Not legal advice."}