Any person dissatisfied with the action of the Board in refusing his application or suspending or revoking his license, or any other action of the Board, may appeal the action of the Board by filing a petition within thirty (30) days thereafter in the district court of Oklahoma County, Oklahoma, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon ten (10) days' written notice to the Council and the attorney representing the Board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the Board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the Board, and the court shall provide the attorney representing the Board with a copy of the petition and order. The Board and Council shall be represented in such appeals by the Attorney General or any of his assistants. The Board shall initially determine all facts, but the court upon appeal may set aside the determination of the Board if the Board's determination:
1. is not based upon substantial evidence determinable upon the entire record;
2. is arbitrary or capricious;
3. is in violation of statutory requirements; or
4. was made without affording to licensee or applicant due process of law.
Amended by Laws 1985, c. 189, § 14, operative July 1, 1985.
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