§75-318. Judicial review.
624 words·~3 min read·
/ok/title-75-statutes-and-reports/75-318·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. 1. Any party aggrieved by a final agency order in an individual proceeding is entitled to certain, speedy, adequate, and complete judicial review thereof pursuant to the provisions of this section and Sections 319, 320, 321, 322, and 323 of this title.
2. This section shall not prevent resort to other means of review, redress, relief, or trial de novo, available because of constitutional provisions.
3. Neither a motion for new trial nor an application for rehearing shall be prerequisite to secure judicial review.
4. A claim under the Administrative Procedures Act accrues when any plaintiff properly joined in the action has the right to assert the claim in court, which at the earliest shall be the date the party is aggrieved by final agency action.
B. 1. The judicial review prescribed by this section for final agency orders, as to agencies whose final agency orders are made subject to review, under constitutional or statutory provisions, by appellate proceedings in the Supreme Court, shall be afforded by such proceedings taken in accordance with the procedure and under the conditions otherwise provided by law, but subject to the applicable provisions of Sections 250.5 and 319 through 323 of this title, and the rules of the Supreme Court.
2. In all other instances, proceedings for review shall be instituted by filing a petition, in the district court of the county in which the party seeking review resides or at the option of such party where the property interest affected is situated, naming as respondents only the agency, such other party or parties in the administrative proceeding as may be named by the petitioner or as otherwise may be allowed by law, within thirty
(30)days after the appellant is notified of the final agency order as provided in Section 312 of this title.
C. Copies of the petition shall be delivered in person or mailed, postage prepaid, to the agency and all other parties of record, and proof of such delivery or mailing shall be filed in the court within ten
(10)days after the filing of the petition. Any party not named as a respondent in the petition is entitled to respond within ten
(10)days of receipt of service. The court, in its discretion, may permit other interested persons to intervene.
D. In any proceedings for review brought by a party aggrieved by a final agency order:
1. The agency whose final agency order was made subject to review may be entitled to recover against such aggrieved party any court costs, witness fees, and reasonable attorney fees if the court
determines that the proceeding brought by the party is frivolous or was brought to delay the effect of the final agency order.
2. The party aggrieved by the final agency order may be entitled to recover against such agency any court costs, witness fees, and reasonable attorney fees if the court determines that the proceeding brought by the agency is frivolous.
E. In the interpretation of a state statute, administrative rule, or other regulation, the reviewing court or officer hearing an administrative action shall not defer to the interpretation of a state agency and shall interpret the meaning and effect de novo. In an action brought by or against a state agency, after applying all customary tools of interpretation, the court or hearing officer shall exercise any remaining doubt in favor of a reasonable interpretation which limits agency power and maximizes individual liberty.
Added by Laws 1963, c. 371, § 18. Amended by Laws 1977, c. 114, § 2, eff. Oct. 1, 1977; Laws 1992, c. 310, § 14, eff. July 1, 1992; Laws 2011, c. 189, § 1, eff. Nov. 1, 2011; Laws 2025, c. 259, § 1, eff. Nov. 1, 2025.