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§ 21. Supersedeas--Security--Accounts--Refunds--Precedence of appeals

Oklahoma Statutes AnnotatedConstitution of the State of Oklahoma [Annotated]

Oklahoma Statutes Annotated
Constitution of the State of Oklahoma [Annotated] (Refs & Annos)
Article. --Corporations (Refs & Annos)
Corporation Commission
OK Const. Art. 9, § 21
§ 21. Supersedeas--Security--Accounts--Refunds--Precedence of appeals
Upon the giving of notice of appeal from an order of the Corporation Commission, the Commission, if requested, shall suspend the effectiveness of the order complained of until the final disposition of the order appealed, and fix the amount of suspending or supersedeas bond. Such suspending or supersedeas bond shall be approved and filed with the Corporation Commission (or approved, on review, by the Supreme Court), and made payable to the State of Oklahoma; provided, however, that in all cases involving orders of the Corporation Commission affecting rates or charges, the suspending or supersedeas bond must be sufficient in amount and security to insure the prompt refunding, by the appealing party, to the parties entitled thereto, of all rates or charges which such appealing party may collect or receive, pending the appeal, in excess of those authorized by the order appealed from, in event such order is, by such court, affirmed on appeal. The Corporation Commission, upon the execution of such suspending or supersedeas bond, shall forthwith require the appealing party, under penalty of immediate enforcement (pending the appeal and notwithstanding any supersedeas), of the order appealed from, to keep such accounts, and make to the Corporation Commission, from time to time, such reports, verified by oath, as may, in the judgment of the Corporation Commission, suffice to show the amounts being charged or received by the appealing party, pending the appeal, in excess of the charge allowed by the order or action of the Corporation Commission appealed from, together with the names and addresses of the persons to whom such overcharges may be refundable, in case such charges made by the appealing party, pending the appeal, be not sustained on such appeal; and the Corporation Commission shall also, from time to time, require such appealing party, under like penalty, to give additional security, or to increase such suspending bond, whenever, in the opinion of the Corporation Commission, the same may be necessary to secure the prompt refunding of the overcharges aforesaid. Upon the final decision of the appeal, all amounts which the appealing party may have collected, pending the appeal, in excess of that authorized by such final decision, shall be promptly refunded by the appealing party to the parties entitled thereto, in such manner and through such method of distribution, as may be prescribed by the Corporation Commission, or by law. All such appeals, affecting the rates, charges, practices, rules or regulations of any public utility, or of any public service corporation, or any individual, person, firm, corporation, receiver or trustee engaged in the public utility business, shall have precedence upon the docket of the Supreme Court, irrespective of its place of session, next after habeas corpus cases, to the end that a plain, speedy and efficient remedy may be afforded the parties to such appeals.

Credits

Laws 1941, p. 545, § 2.
OK Const. Art. 9, § 21, OK CONST Art. 9, § 21
Current with amendments approved through June 30, 2020.
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