(1) The filing of a proceeding for review shall not stay enforcement of the agency decision; but the agency may do so, or the reviewing court may order a stay upon such terms as it deems proper, and shall do so whenever required by subsection (2) of this section.
(2) In every proceeding in any court for the review of an order of an agency, upon the filing of an application, supported by verified statements of material fact establishing that the enforcement of the order pending final decision would result in present, continuous and irreparable impairment of the constitutional rights of the applicant, a stay of the enforcement of such order and of the accrual of penalties thereunder shall be entered upon the condition that:
(a) injury to adverse parties or to the public, as the case may be, can be obviated through the furnishing of security adequate to compensate for any loss which may be suffered as a result of the stay in the event the order is affirmed, in whole or in part;
(b) a supersedeas bond, in the amount and with sureties prescribed and approved by the reviewing court, in its sound judicial discretion, as adequate to meet requirement (a), be filed with such court. If an application for supersedeas hereunder, accompanied by a proposal for a supersedeas bond, is not acted upon by the court within forty-five (45) days from the filing thereof, the order appealed from thereupon shall be automatically superseded and stayed, during the pendency of the appeal, upon the filing of the bond proposed in the application, provided, however, that the court thereafter may reasonably modify the terms of the supersedeas as to amount and surety whereupon the appellant shall comply with such modification in order to maintain the supersedeas in effect.
Laws 1963, c. 371, § 19.
Structure Oklahoma Statutes
Title 75. Statutes and Reports
§75-11a. Construction of statutes - Severability.
§75-11c. Local and special laws defined.
§75-12. Original acts shall govern.
§75-12a. Legislative bills and resolutions - Enrollment - Filing in Office of Secretary of State.
§75-22. Conflicting provisions.
§75-23.1. Merging different versions of statute.
§75-25. Emergency laws - Distribution to court clerks as soon as possible.
§75-26. Emergency laws - Binder for public examination - Duty of court clerks.
§75-26.1. Duty of Attorney General to construe certain acts upon request - Blank forms.
§75-26.2. Opinions and instructions to be distributed by State Auditor and Inspector.
§75-26.11. Prefiling of bills and resolutions.
§75-26.12. Manner and place of filing.
§75-26.14. Referring of bills upon convening of session - Introduction and reading.
§75-26.41. Submission of the question - Procedure.
§75-26.42. Expiration of approval - Rescission of ratification.
§75-30. Right to publish, edit or bind reports.
§75-250.1. Composition of act.
§75-250.2. Legislative intent.
§75-250.4. Compliance with act - Exemptions.
§75-250.4a. Exempt rules to be made for public inspection.
§75-250.5. Act not to apply to certain governments, authorities, etc.
§75-250.10. Request for agency review of rules.
§75-252. Filing as condition of validity - Notification of failure to comply.
§75-254. Attestation of rules - Proof of publication - Copies - Preservation.
§75-255. Publication of The Oklahoma Register - Publication of rules and regulations.
§75-256. Oklahoma Administrative Code - Publication - Task Force on Administrative Rules.
§75-256.3. Fees for copying, reproducing or certifying records.
§75-257. Implementation of Article I of Act - Legal assistance.
§75-303. Adoption, amendment or revocation of rule - Procedure.
§75-303a. Expedited rule repeal process.
§75-304. Filing of adopted rules - Effective date of adopted rule or Executive Order.
§75-305. Petition requesting promulgation, amendment or repeal of a rule - Form and procedure.
§75-307. Filing and disposition of petitions for declaratory rulings - Judicial review.
§75-307.1. Legislative rule review - Joint Committee on Administrative Rules.
§75-308. Review of proposed rules by Legislature - Approval or disapproval.
§75-308.1. Adoption of rule upon approval by Legislature and Governor - Submission for publication.
§75-308.3. Joint resolution of the Legislature.
§75-309. Individual proceedings - Notice - Hearing.
§75-310. Procedures before agency.
§75-311.1. Department of Health - Final agency orders - Authority.
§75-312. Final agency orders - Contents - Notification.
§75-313. Agency members not to communicate.
§75-314.1. Implementation of emergency action pending final outcome of proceedings.
§75-315.1. Public hearings - Fees.
§75-316. Disqualification of hearing examiner or agency member.
§75-317. Rehearing, reopening or reconsideration of agency decision.
§75-319. Staying enforcement of agency decision pending review.
§75-320. Transmission of record to reviewing court - Stipulations.
§75-321. Review without jury - Additional testimony.
§75-322. Setting aside, modifying or reversing of orders - Remand - Affirmance.
§75-323. Review of final judgment of a district or superior court by appeal to Supreme Court.
§75-504. Proposed permanent rules - Determination of impact on small business.
§75-505. Promulgated rules - Petition objecting to adverse effect on small business.
§75-506. Waiver of administrative penalties or fines.
§75-507. Compliance with act - Mandated rules identical to federal rules and regulations.