Okla. Admin. Code § 810:10-5-66

Current through Vol. 42, No. 4, November 1, 2024

Section 810:10-5-66 - Appeal of Commission Administrative Law Judge order

(a)Request for Review. Any party aggrieved by a judgment or award of an Administrative Law Judge, which party for purposes of this Section shall be known as the "appellant", may appeal the order to the Commission en banc by filing an original and three (3) copies of a Request for Review with the Commission within ten (10) days of when the order was issued as reflected by the file-stamped date on the order. The Request for Review shall:

(1) be in writing;

(2) include a copy of the order being appealed;

(3) clearly and concisely rebut each issue in the Administrative Law Judge's order that the appellant wants reviewed, and state the relief sought. General allegations of error do not suffice. Allegations of error concerning matters not included in a timely filed Request for Review shall be deemed waived;

(4) be served on all other parties of record, which for purposes of this Section shall be known as the "respondents";

(5) have a certificate of service setting forth the manner of such service as required by 810:10-1-7;

(6) be accompanied by a designation of record filed by the appealing party and a copy submitted to the Commission reporter and all parties in the case concurrently with or before filing a Request for Review in all actions which are appealed to the Commission en banc. The cost of preparing the transcript shall be advanced immediately by the designating party. The transcript shall be prepared and sent to all parties to the appeal within thirty (30) days from the date the designation of record is filed; and

(7) be accompanied by a non-refundable filing fee in the sum of One Hundred Seventy-five Dollars ($175.00) pursuant to 85A O.S. § 78(B).

(b)Timeliness of filings. The timeliness of the filing of a Request for Review is governed by 810:10-1-13. Untimely Requests for Review do not invoke the jurisdiction of the Commission en banc and will not be reviewed by the Commission en banc.

(c)Oral argument. Oral argument before the Commission en banc shall be limited to ten (10) minutes per side, unless the time is enlarged by leave of the Commission en banc. Any party failing to appear when the appeal is called for oral argument shall be deemed to have waived the right to argue the case, and the Commission en banc may hear argument on behalf of the present party and decide the appeal on the briefs and argument heard. A party who fails to appear for oral argument without seeking leave of the Commission may be found to be in contempt of the Commission and may be subject to a fine pursuant to 85A O.S. § 73. If no party appears, the appeal shall be considered as submitted on the record.

(d)Written argument. In any case pending on a Request for Review, the parties of record shall submit written arguments, including a statement of facts and legal authority for their respective positions, as an aid to the Commission en banc. The written argument shall not exceed five (5) pages in length, and shall be double spaced and prepared in at least ten point font size on 8 1/2" x 11" paper with one inch margins. No appendix or other documents shall be attached to the written argument. Appellants and cross-appellants have forty-five (45) days after the filing of the designation of record within which to file an original and three (3) copies of the written argument with the Commission, with a copy served on all opposing parties. The opposing parties shall have ten (10) days within which to submit a response. When submitted, the original and three (3) copies of the response shall be filed with the Commission and a copy served on the appellant or cross-appellant.

(1) Extensions of time for the filing of written arguments shall be granted only for cause.

(2) The failure of any party to timely file a written argument under this section may result in the striking of that party's brief from consideration, or if the untimely brief is that of an appellant or cross-appellant, in the dismissal of the appellant's or cross-appellant's appeal.

(e)Motions. For the purposes of this Section, "motion" means a formal request or application by a party for specific action by the Chair or Commission en banc, which is made orally, in the presence of all other parties, or in writing, served on all other parties.

(1) Prior to filing any motion, the movant shall personally confer with the opposing party or parties or, if represented, their attorneys of record to attempt to amicably resolve the subject matter of the motion. All motions shall include a statement that the movant has personally conferred or has used good-faith efforts to confer with all other parties and, if known, shall state whether any party has an objection to the motion. Any document referenced in the motion shall be attached to the motion.

(2) Written motions shall have a title describing the relief requested and be served on all other parties, or if represented, the attorneys of record. Any party may respond to a motion within ten (10) days, unless otherwise specified by the Chair or the Commission en banc. Hearings on motions will not be set unless a hearing is specifically requested and good cause is shown in the motion or response.

(3) No continuance of an appeal scheduled for review by the Commission en banc is permitted before the date of an oral argument without approval of the Commission Chair. Continuances requested on the date of the oral argument will be granted only upon a majority vote of the Commission en banc.

(4) Except for the time periods in subsection (a), the Chair or Commission en banc may order time periods or procedures that differ from those specified in this Section. The Chair may rule on procedural motions and shall issue written notice of any change ordered under this subsection to the parties to any appeal affected by the change.

(f)Voluntary dismissals. A request for review by the Commission en banc may be dismissed upon the agreement of all parties to the review. If a settlement is reached, the appellant shall promptly notify the Commission en banc.

(g)Description of appeal proceeding.

(1) In appeals pursuant to this Section, the Commission en banc may:

(A) modify the decision of the Administrative Law Judge;

(B) reverse the decision of the Administrative Law Judge and render a new decision;

(C) reverse the decision of the Administrative Law Judge and remand the matter to the Administrative Law Judge with instructions or for a new administrative hearing; or

(D) affirm the decision of the Administrative Law Judge; or

(E) remand for further proceedings and appropriate action with or without relinquishing the Commission's jurisdiction of the appeal.

(2) The Commission en banc may reverse or modify the decision of an Administrative Law Judge only if it determines that the decision was against the clear weight of the evidence or was contrary to law. Any judgment of the Commission en banc which reverses a decision of the Administrative Law Judge shall contain specific findings relating to the reversal. In any case in which it appears that a prior controlling appellate decision is dispositive of the appeal, the Commission may summarily affirm or reverse, citing in its order this Section and the controlling decision.

(3) All proceedings of the Commission en banc shall be recorded by a court reporter, if requested by a party. Any party requesting a transcript of the proceedings shall bear the costs associated with its preparation. During the pendency of an appeal to the Commission en banc, the Administrative Law Judge shall retain jurisdiction over any issue not affected by the eventual ruling of the appellate body.

(h)Appeal to Supreme Court. An order of the Commission en banc may be appealed to the Oklahoma Supreme Court, as provided in 85A O.S. § 78, within twenty (20) days of being sent to the parties as reflected by the file-stamped date on the order.

Okla. Admin. Code § 810:10-5-66

Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/12/2016

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/13/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020