Oklahoma Code § 63-3291

Title 63. Public Health And Safety: Submission of certain agreements to Contingency Review
Open in Lexace · Ask the AI about this section
Board - Declaratory judgment of validity by Supreme Court of
Oklahoma.
A.  Contingent upon the creation of the Oklahoma State
University Medical Trust as provided in Section 20 of this act, the
Trust, prior to acceptance, shall submit to the Contingency Review
Board for review the proposed agreement regarding the lease and
operations of any hospital or hospitals owned by the Oklahoma State
University Medical Authority to any entity authorized to transact
business in the state and an independent statement as to the
fairness of said proposed agreement for the State of Oklahoma.  The
Contingency Review Board shall upon receipt of the proposed
agreement meet within fifteen (15) business days to review the
proposed agreement; and unless the Contingency Review Board
disapproves the proposed agreement, the agreement may be executed
but no lease of the hospital or hospitals shall become effective
until after Supreme Court approval pursuant to subsection B of this
section.
B.  1.  If a proposed agreement is not disapproved by the
Contingency Review Board pursuant to subsection A of this section,
the Oklahoma State University Medical Authority and Oklahoma State
University Medical Trust, within thirty (30) calendar days after the
time for Contingency Review Board action has expired, may file a
petition with the Supreme Court of Oklahoma for a declaratory
judgment determining the validity of the proposed agreement.  The
review of the Court shall be based upon the exercise of any of the
powers, rights, privileges, and functions conferred upon the
authority or the Oklahoma State University Medical Trust, as
applicable, under the Oklahoma State University Medical Authority
Act and Oklahoma laws.  Exclusive original jurisdiction is conferred
upon the Supreme Court to hear and determine such petitions.  The
Supreme Court shall give such petitions precedence over other
business of the Court except habeas corpus proceedings.
2.  Notice of the hearing of such a petition shall be given by a
notice published in a newspaper of general circulation in this state
that on a day specified the Supreme Court will hear the petition to
approve the proposed agreement and enter a declaratory judgment.
The notice shall be published one time not less than ten (10) days
prior the date specified for the hearing.  The notice shall inform
property owners, taxpayers, citizens and all persons having or
claiming any right, title, or interest in the proposed agreement or
properties or funds to be affected by the implementation of the
proposed agreement, or affected in any way thereby, that they may
file protests against the approval of the proposed agreement, and be
present at the hearing to contest the legality of the proposed
agreement.  The hearing may be adjourned from time to time at the
discretion of the Court.

3.  If the Court is satisfied that the proposed agreement is in
accordance with the Oklahoma State University Medical Authority Act
and Oklahoma laws, the Court shall enter a declaratory judgment
approving and declaring the proposed agreement to be valid and
conclusive as to the Authority, the Trust, and all other parties to
the proposed agreement; and, upon petition of the Authority, shall
issue an order permanently enjoining all persons described in the
notice required by this subsection from thereafter instituting any
action or proceeding contesting the validity of the proposed
agreement.  A declaratory judgment rendered pursuant to this
subsection shall have force and effect of a final judgment or decree
and shall be incontestable in any court in this state.
4.  As used in the Oklahoma State University Medical Authority
Act, "proposed agreement" means one or more contracts regarding the
lease and operations of any hospital or hospitals owned by the
Oklahoma State University Medical Authority and all other agreements
contemplated by or referred to in the contract regarding such lease
and operations.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.