Okla. Admin. Code § 325:70-1-27 - Temporary stay order
(a) The
Executive Director may, upon consultation with and the direction of a minimum
of three Commissioners, issue or deny a temporary stay order to stay execution
of any ruling, Order, or decision of the Stewards except Stewards' decisions
regarding disqualifications for interference during the running of a race. Any
application for a temporary stay shall be in writing, signed by the Appellant;
shall contain his/her full name, present mailing address and present phone
number; and shall set forth the facts and any evidence to justify the issuance
of the stay. The application for temporary stay shall be filed with the Office
of the Commission, as specified in
325:1-1-14,
no later than 5:00 p.m. on the third calendar day, excluding intermediate
Saturdays, Sundays, and legal holidays as defined by the Oklahoma Statutes or
any other day when the Commission office does not remain open for public
business until 5:00 p.m., from the date of the rendering of the decision of the
Stewards, excluding the date the decision was rendered unless the Commission
for good cause extends the time for filing not to exceed 30 days from said
rendering date. When the applicant is notified by mail of the Stewards'
decision, three (3) days shall be added to the time within which the
application for temporary stay order must be filed. The granting of a temporary
stay order shall carry no presumption that the stayed decision of the Stewards
is or may be invalid, and a temporary stay order may be dissolved at any time
by further order of the Executive Director upon consultation with and the
direction of a minimum of three Commissioners.
(b) If the appeal is dismissed or the
temporary stay order dissolved prior to being heard by the Commission,
regardless of whether the temporary stay order was issued by the Commission or
by a court of competent jurisdiction, then the Commission shall determine when
the remaining days of suspension, if any, will be served.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.