Oklahoma Administrative Code
Title 158 - Construction Industries Board
Chapter 1 - Procedures of the Oklahoma Construction Industries Board
Subchapter 5 - Procedure in Individual Proceedings
Section 158:1-5-13.1 - Appeals

(a) Any person subject to an administrative fine, penalty or fee shall have all rights to appeal according to the Administrative Procedures Act once a final order is authorized by the Board. A person may appeal a proposed order to the Board, and any final order by the Board may be appealed to the district court of Oklahoma County.

(b) In order to appeal the Administrative Law Judge's proposed order, the person must file with the Board a written Request for Appeal and brief within ten (10) business days of the issuance of the Administrative Law Judge's proposed order by delivering or mailing the written request and brief to the principal office of the Board during regular office hours as provided in this chapter. The request and brief must be legible, on standard paper size of 8.5" x 11", and contain the Respondent's full name, citation number, mailing address, telephone number, and a complete detailed description of the reason for the appeal. The Request for Appeal and brief shall be no more than fifteen (15) pages and the person shall set forth a summary of the exceptions with the Administrative Law Judge's proposed order. The attorney for the Board may issue a brief in response no less than two (2) weeks before the Board meeting to consider the appeal. The person will then be notified of the date and time of the appropriate Board meeting regarding the appeal.

(c) A request for oral arguments shall be made at the time the Request for Appeal is filed with the Board. Oral arguments will be limited to no more than ten minutes (10) for each side. Briefs and oral arguments shall not include any new factual information.

(d) The Board may affirm the proposed order, deny the proposed order, or remand the case to the hearing officer, with or without instructions.