2015 Oklahoma Statutes
Title 37. Intoxicating Liquors
§37-531. Appeal to district court.

Within thirty (30) days after a final order of the Alcoholic Beverage Laws Enforcement Commission, pursuant to a hearing as provided in Section 530 of this title, 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 him. 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, Sections 301 through 326 of Title 75 of the Oklahoma Statutes. 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 berequired 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 his appeal, and the action of the ABLE Commission becomes final, such bond shall be forfeited tothe State of Oklahoma by the court considering such appeal if the court finds said appeal was frivolous or was filed for the purpose of delaying the effect of said order, and the Attorney General shall thereupon commence legal proceedings in the name of the State of Oklahoma to recover the amount of said bond, which money shall be placed to the credit of the General Revenue Fund of the state.

Amended by Laws 1985, c. 6, § 28, emerg. eff. March 14, 1985.