{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-323","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-323","heading":"Vacation of awards","body":"A. On an application and motion to the court by a party to an\n\narbitration proceeding, the Workers' Compensation Commission shall\n\nvacate an award made in the arbitration proceeding if:\n\n1. The award was procured by corruption, fraud, or other undue\n\nmeans;\n\n2. There was:\n\na. evident partiality by an arbitrator appointed as a\n\nneutral arbitrator,\n\nb. corruption by an arbitrator, or\n\nc. misconduct by an arbitrator prejudicing the rights of\n\na party to the arbitration proceeding;\n\n3. An arbitrator refused to postpone the hearing upon showing\n\nof sufficient cause for postponement, refused to consider evidence\n\nmaterial to the controversy, or otherwise conducted the hearing\n\ncontrary to Section 315 of this title, so as to prejudice\n\nsubstantially the rights of a party to the arbitration proceeding;\n\n4. An arbitrator exceeded his or her powers under this act;\n\n5. The arbitration was conducted without proper notice of the\n\ninitiation of an arbitration as required in Section 309 of this\n\ntitle so as to prejudice substantially the rights of a party to the\n\narbitration proceeding; or\n\n6. It is determined that an arbitrator did not disclose a\n\nconflict under Section 312 of this title.\n\nB. An application and motion under this section shall be filed\n\nwithin thirty (30) days after the movant receives notice of the\n\naward or within thirty (30) days after the movant receives notice of\n\na modified or corrected award, unless the movant alleges that the\n\naward was procured by corruption, fraud, or other undue means, in\n\nwhich case the motion shall be made within ninety (90) days after\n\nthe ground is known or by the exercise of reasonable care would have\n\nbeen known by the movant.\n\nC. If the Commission vacates an award it may order a rehearing.\n\nIf the award is vacated on a ground stated in paragraph 1, 2 or 6 of\n\nsubsection A of this section, the rehearing shall be before a new\n\narbitrator. If the award is vacated on a ground stated in paragraph\n\n3, 4 or 5 of subsection A of this section, the rehearing may be\n\nbefore the arbitrator who made the award or the arbitrator's\n\nsuccessor. The arbitrator shall render the decision in the\n\nrehearing within the same time as that provided in subsection B of\n\nSection 319 of this title for an award.\n\nD. If the Commission denies a motion to vacate an award, it\n\nshall confirm the award unless a motion to modify or correct the\n\naward is pending.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0fa1382c1074bedd45e05f66c028dbf71a0c5de90029f6b635a80bc330bdc2e0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-322","next":"us-ok/okla.-stat.-tit.-85a-85a-324"},"notice":"GroundRules: Original legal text. Not legal advice."}