{"data":{"id":"us-ok/okla.-stat.-tit.-75-75-322","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 75, § 75-322","heading":"Setting aside, modifying or reversing of orders - Remand -","body":"Affirmance.\n\n(1) In any proceeding for the review of an agency order,\n\nproceeding for the review of an agency order, the Supreme Court or\n\nthe district court, as the case may be, in the exercise of proper\n\njudicial discretion or authority, may set aside or modify the order,\n\nor reverse it and remand it to the agency for further proceedings,\n\nif it determines that the substantial rights of the appellant or\n\npetitioner for review have been prejudiced because the agency\n\nfindings, inferences, conclusions or decisions, are:\n\n(a) in violation of constitutional provisions; or\n\n(b) in excess of the statutory authority or jurisdiction of the\n\nagency; or\n\n(c) made upon unlawful procedure; or\n\n(d) affected by other error of law; or\n\n(e) clearly erroneous in view of the reliable, material,\n\nprobative and substantial competent evidence, as defined in Section\n\n10 of this act, including matters properly noticed by the agency\n\nupon examination and consideration of the entire record as\n\nsubmitted; but without otherwise substituting its judgment as to the\n\nweight of the evidence for that of the agency on question of fact;\n\nor\n\n(f) arbitrary or capricious; or\n\n(g) because findings of fact, upon issues essential to the\n\ndecision were not made although requested.\n\n(2) The reviewing court, also in the exercise of proper\n\njudicial discretion or authority, may remand the case to the agency\n\nfor the taking and consideration of further evidence, if it is\n\ndeemed essential to a proper disposition of the issue.\n\n(3) The reviewing court shall affirm the order and decision of\n\nthe agency, if it is found to be valid and the proceedings are free\n\nfrom prejudicial error to the appellant.","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":"85141a1fce5af7bbd24bfdefa8ec29de7e61108b76ff21d9034219a795c0b9b1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-75-75-321.1","next":"us-ok/okla.-stat.-tit.-75-75-323"},"notice":"GroundRules: Original legal text. Not legal advice."}