Okla. Admin. Code § 455:10-3-20

Current through Vol. 42, No. 8, January 2, 2025

Section 455:10-3-20 - Petitions to rehear, reopen or reconsider cases

(a)General. A party adversely affected by the final decision of a presiding official or the Executive Director may petition the Commissioners to order rehearing, reopening or reconsideration of the decision.

(b)Filing. A petition to rehear, reopen or reconsider shall be filed within 10 calendar days after the issue date of the final decision and shall include an affidavit of service to all other parties. Any response to the petition shall be filed within 10 calendar days after the file date of the petition and shall include an affidavit of service to all other parties. The time limit for filing a petition is statutory ( Section 317 of Title 75 of the Oklahoma Statutes) and may not be extended. The Executive Director may extend the time limit for filing a response for good cause shown.

(c)Grounds. A petition shall specify the grounds upon which the request is made as specified in Section 317 of Title 75 of the Oklahoma Statutes. Such grounds are:

(1) newly discovered or newly available evidence relevant to the issues. The request shall include the new evidence and verification that such evidence is true.

(2) need for additional evidence to adequately develop the facts essential to proper decision.

(3) probable error committed by the Commission in the proceeding or in its decision such as would be grounds for reversal on judicial review of the order. The request shall identify the probable error committed.

(4) need for further consideration of the issues and the evidence in the public interest.

(5) a showing that issues not previously considered ought to be examined in order to properly dispose of the matter.

(d)Rejection. The Commission shall reject petitions and responses which are not timely filed.

(e)Scheduling. The matter shall be scheduled for consideration by the Commissioners on the earliest possible date and parties shall be notified of the date, time and location.

(f)Commissioners action. The Commissioners may permit oral arguments and may request information or ask questions of any party or other persons. The Commissioners shall rule on petitions by a majority vote of the Commissioners present at the meeting. If granted, the grounds shall be stated on the record and the Commissioners may order:

(1) the matter referred to any presiding official;

(2) the matter referred to the same presiding official for further consideration of the matter on those grounds upon which the petition was granted;

(3) the matter referred to the Executive Director for further action;

(4) the decision to be modified or amended; or

(5) any other relief the Commissioners determine just and appropriate.

(g)Continuance. A request for continuance shall be filed in accordance with OAC 455:10-3-17 and shall be ruled on by the Executive Director.

(h)Judicial review.Within 30 calendar days after exhausting all remedies under the Administrative Procedures Act, either party may appeal to a higher court. The State of Oklahoma or any agency of the state shall not be allowed to appeal to the district court unless the employee is continued on full pay in the same status of employment existing prior to suspension or discharge [74:840-6.5].

Okla. Admin. Code § 455:10-3-20

Amended and renumbered from 455:10-5-11 at 13 Ok Reg 3025, eff 7-15-96