Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 712 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to the Administrative Procedures Act;
7 amending 75 O.S. 2021, Section 318, which relates to
8 judicial review; requiring certain statutes and rules
8 to be interpreted in certain manner; updating
9 statutory language; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 75 O.S. 2021, Section 318, is
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14 amended to read as follows:
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15 Section 318. A. 1. Any party aggrieved by a final agency
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16 order in an individual proceeding is entitled to certain, speedy,
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17 adequate, and complete judicial review thereof pursuant to the
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18 provisions of this section and Sections 319, 320, 321, 322, and 323
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19 of this title.
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20 2. This section shall not prevent resort to other means of
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21 review, redress, relief, or trial de novo, available because of
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22 constitutional provisions.
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23 3. Neither a motion for new trial nor an application for
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24 rehearing shall be prerequisite to secure judicial review.
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1 4. In interpreting a statute or administrative rule, the
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2 reviewing court shall not defer to an administrative agency's
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3 interpretation of such statute or administrative rule and shall
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4 interpret such statute or agency rule de novo.
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5 B. 1. The judicial review prescribed by this section for final
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6 agency orders, as to agencies whose final agency orders are made
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7 subject to review, under constitutional or statutory provisions, by
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8 appellate proceedings in the Supreme Court of Oklahoma, shall be
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9 afforded by such proceedings taken in accordance with the procedure
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10 and under the conditions otherwise provided by law, but subject to
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11 the applicable provisions of Sections 319 through 324 of this title,
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12 and the rules of the Supreme Court.
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13 2. In all other instances, proceedings for review shall be
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14 instituted by filing a petition, in the district court of the county
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15 in which the party seeking review resides or at the option of such
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16 party where the property interest affected is situated, naming as
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17 respondents only the agency, such other party or parties in the
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18 administrative proceeding as may be named by the petitioner or as
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19 otherwise may be allowed by law, within thirty (30) days after the
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20 appellant is notified of the final agency order as provided in
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21 Section 312 of this title.
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22 C. Copies of the petition shall be delivered in person or
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23 mailed, postage prepaid, to the agency and all other parties of
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24 record, and proof of such delivery or mailing shall be filed in the
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1 court within ten (10) days after the filing of the petition. Any
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2 party not named as a respondent in the petition is entitled to
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3 respond within ten (10) days of receipt of service. The court, in
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4 its discretion, may permit other interested persons to intervene.
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5 D. In any proceedings for review brought by a party aggrieved
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6 by a final agency order:
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7 1. The agency whose final agency order was made subject to
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8 review may be entitled to recover against such aggrieved party any
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9 court costs, witness fees, and reasonable attorney fees if the court
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10 determines that the proceeding brought by the party is frivolous or
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11 was brought to delay the effect of said the final agency order.
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12 2. The party aggrieved by the final agency order may be
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13 entitled to recover against such agency any court costs, witness
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14 fees, and reasonable attorney fees if the court determines that the
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15 proceeding brought by the agency is frivolous.
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16 SECTION 2. This act shall become effective November 1, 2025.
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18 60-1-1450 RD 1/19/2025 5:41:50 AM
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Req. No. 1450 Page 3Every fact on this page links to its source, starting with the official bill record.