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 819 By: Alvord
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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; providing for timing of accrual of
8 certain claim; requiring a court or an administrative
9 hearing officer to provide de novo interpretation of
9 statute, rule, or other document; establishing
10 guidelines for court interpretation of statute, rule,
10 or other document in certain actions; prohibiting
11 imposition of civil penalty in certain actions;
11 providing exceptions; providing for codification; and
12 providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 75 O.S. 2021, Section 318, is
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17 amended to read as follows:
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18 Section 318. A. 1. Any party aggrieved by a final agency
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19 order in an individual proceeding is entitled to certain, speedy,
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20 adequate and complete judicial review thereof pursuant to the
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21 provisions of this section and Sections 319, 320, 321, 322 and 323
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22 of this title.
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1 2. This section shall not prevent resort to other means of
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2 review, redress, relief or trial de novo, available because of
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3 constitutional provisions.
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4 3. Neither a motion for new trial nor an application for
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5 rehearing shall be prerequisite to secure judicial review.
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6 4. A claim under the Administrative Procedures Act accrues when
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7 any plaintiff properly joined in the action has the right to assert
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8 the claim in court, which at the earliest shall be the date the
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9 party is aggrieved by final agency action.
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10 B. 1. The judicial review prescribed by this section for final
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11 agency orders, as to agencies whose final agency orders are made
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12 subject to review, under constitutional or statutory provisions, by
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13 appellate proceedings in the Supreme Court of Oklahoma, shall be
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14 afforded by such proceedings taken in accordance with the procedure
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15 and under the conditions otherwise provided by law, but subject to
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16 the applicable provisions of Sections 319 through 324 of this title,
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17 and the rules of the Supreme Court.
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18 2. In all other instances, proceedings for review shall be
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19 instituted by filing a petition, in the district court of the county
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20 in which the party seeking review resides or at the option of such
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21 party where the property interest affected is situated, naming as
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22 respondents only the agency, such other party or parties in the
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23 administrative proceeding as may be named by the petitioner or as
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24 otherwise may be allowed by law, within thirty (30) days after the
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Req. No. 791 Page 2
1 appellant is notified of the final agency order as provided in
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2 Section 312 of this title.
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3 C. Copies of the petition shall be delivered in person or
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4 mailed, postage prepaid, to the agency and all other parties of
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5 record, and proof of such delivery or mailing shall be filed in the
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6 court within ten (10) days after the filing of the petition. Any
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7 party not named as a respondent in the petition is entitled to
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8 respond within ten (10) days of receipt of service. The court, in
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9 its discretion, may permit other interested persons to intervene.
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10 D. In any proceedings for review brought by a party aggrieved
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11 by a final agency order:
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12 1. The agency whose final agency order was made subject to
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13 review may be entitled to recover against such aggrieved party any
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14 court costs, witness fees and reasonable attorney fees if the court
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15 determines that the proceeding brought by the party is frivolous or
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16 was brought to delay the effect of said final agency order.; and
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17 2. The party aggrieved by the final agency order may be
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18 entitled to recover against such agency any court costs, witness
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19 fees, and reasonable attorney fees if the court determines that the
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20 proceeding brought by the agency is frivolous.
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21 SECTION 2. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 318.1 of Title 75, unless there
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23 is created a duplication in numbering, reads as follows:
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1 In the interpretation of a state statute, administrative rule,
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2 or other subregulatory document, a court of this state or an officer
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3 hearing an administrative action shall not defer to the
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4 interpretation of a state agency and shall interpret the meaning and
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5 effect de novo. In an action brought by or against a state agency,
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6 after applying all customary tools of interpretation, the court or
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7 hearing officer shall exercise any remaining doubt in favor of a
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8 reasonable interpretation which limits agency power and maximizes
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9 individual liberty.
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10 SECTION 3. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 321.1 of Title 75, unless there
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12 is created a duplication in numbering, reads as follows:
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13 A. No civil penalty may be awarded in an action brought by or
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14 on behalf of an administrative agency of this state against any
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15 person or legal entity for conduct that would also be the subject of
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16 a suit at common law in which the defendant would be entitled to
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17 trial by jury before a court established under the Oklahoma
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18 Constitution, except after a trial by jury before such court.
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19 B. The provisions of subsection A of this section shall not
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20 apply to a summary judgment rendered in compliance with Title 12 of
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21 the Oklahoma Statutes and any precedents establishing the standards
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22 for summary judgment. Such requirement shall not apply to a civil
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23 case in a court proceeding in equity jurisdiction that, prior to the
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1 passage of this act, did not involve a right to a trial by jury
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2 before a court established under the Oklahoma Constitution.
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3 SECTION 4. This act shall become effective November 1, 2025.
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5 60-1-791 TEK 1/19/2025 5:44:03 AM
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Req. No. 791 Page 5Every fact on this page links to its source, starting with the official bill record.