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Bill > SB542
OK SB542
OK SB542Administrative Procedures Act; modifying procedures for judicial review; adding grounds for disqualification of examiner or member; modifying certain hearing procedures. Effective date. Emergency.
summary
Introduced
02/03/2025
02/03/2025
In Committee
02/04/2025
02/04/2025
Crossed Over
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
An Act relating to the Administrative Procedures Act; amending 75 O.S. 2021, Sections 307, 309, 316, 318, and 320, which relate to judicial review and hearing procedures; imposing time limitation for issuance or refusal of certain ruling; requiring copy of notice be provided to all parties in certain proceedings; adding grounds for disqualification of certain examiner or member; increasing award of attorney fees in certain proceedings; imposing liability for treble attorney fees for failure to transmit certain record; making language gender neutral; updating statutory language; providing an effective date; and declaring an emergency.
AI Summary
This bill modifies several provisions of Oklahoma's Administrative Procedures Act to improve administrative hearing and judicial review processes. The bill requires agencies to issue or refuse declaratory rulings within 120 calendar days, mandates that all parties in a proceeding receive copies of notices, and expands grounds for disqualifying hearing examiners or agency members to include improper appointment or failure to take the constitutional oath of office. The legislation enhances judicial review procedures by allowing agencies to recover court costs and attorney fees if a review proceeding is deemed frivolous, and conversely allows aggrieved parties to recover treble (triple) attorney fees if an agency's proceeding is frivolous. Additionally, the bill imposes a penalty of treble attorney fees on agencies that fail to transmit the complete record of a proceeding within the required timeframe. The bill also makes various technical changes, such as updating gender-specific language to be gender-neutral, and includes provisions to ensure more transparent and fair administrative proceedings. The bill is set to become effective on July 1, 2025, with an emergency clause stating its immediate importance for public peace, health, and safety.
Committee Categories
Justice
Sponsors (1)
Last Action
Second Reading referred to Judiciary (on 02/04/2025)
Official Document
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