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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 71. SECURITIES

  § 71-409. Repealed by Laws 2003, c. 347, § 53, eff. July 1, 2004.  

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  • NOTE:  Prior to repeal, this section was amended to read as follows:

    (a)  Any person aggrieved by a final order of the Administrator may obtain a review by the Commission by filing with the Administrator, within fifteen (15) days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part and stating the person's specific grounds therefor.  The petition; the record upon which the final order was issued; and written briefs submitted by the appealing parties and the Administrator shall be reviewed by the Commission.  The costs of preparing the record of the administrative hearing shall be borne by the appealing parties.  Oral argument by all parties may be heard by the Commission en banc if requested by an appealing party.  Other than newly discovered evidence, additional evidence may only be presented by the appealing party and/or the Administrator on the request of the Commission.  Upon the written request of the party on whose behalf the appeal is brought, or upon the party's own motion, the Administrator shall cause complete stenographic notes to be taken of the proceeding before the Commission.  If requested by the appealing party, the cost of taking and transcribing such notes shall be borne by the said appealing party.  If such notes are taken upon the motion of the Administrator, the cost shall be borne by the Department.  The Commission or a majority thereof shall make such order as is deemed proper, just, and equitable within sixty (60) days of receipt by the Administrator of the written petition of the appealing party or at such later time as agreed to by all parties.

    (b)  Appeals by any person aggrieved by a final order of the Commission, except a final order of the Commission to cease and desist as provided for in paragraph (1) of subsection (a) of Section 406 of this title, shall be taken to the Supreme Court of Oklahoma within thirty (30) days of the date that a copy of the order is mailed to the person, as shown by the certificate of mailing attached to the order.  Any person aggrieved by a final order of the Commission to cease and desist as provided for in paragraph (1) of subsection (a) of Section 406 of this title shall be taken to the district court of Oklahoma County within thirty (30) days of the date that a copy of the order is mailed to the person, as shown by the certificate of mailing attached to the order.  The proceedings for review shall be as now prescribed by law and by rules of the reviewing court, subject to the power of the reviewing court to make other and further rules with reference thereto.

    (c)  The commencement of proceedings under this section before the Commission shall not operate as a stay of the Administrator's order, unless so ordered by the Commission.  The commencement of proceedings under this section before the Supreme Court shall not operate as a stay of the Commission's order, unless so ordered by the Court.

Added by Laws 1959, p. 345, § 409, eff. July 1, 1959.  Amended by Laws 1961, p. 586, § 1; Laws 1984, c. 130, § 2, operative Nov. 1, 1984; Laws 1990, c. 71, § 5, eff. Sept. 1, 1990; Laws 1992, c. 241, § 17, eff. July 1, 1992; Laws 1998, c. 152, § 11, eff. July 1, 1998; Laws 2003, c. 493, § 8, eff. Nov. 1, 2003.