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Oklahoma Statutes - Title 40. Labor Page 130 written notice, advise the employer of the date of the hearing, which shall not be less than ten (10) days from the date of the mailing of the written notice. At the discretion of the Commission, this hearing shall be conducted by the Commission, or by a representative appointed by the Commission for this purpose. The appealing party shall bear the initial burden of proof at the hearing. 5. Pursuant to the hearing, the Commission or its representative shall, as soon as practicable, make a written order setting forth its findings of fact and conclusions of law, and shall mail it to the employer at the employer's last-known address with the mailing date and appeal rights set out in the document. 6. The employer or the Commission may appeal the order to the district court of the county in which the employer has its principal place of business by filing a Petition for Review with the clerk of the court within thirty (30) days after the date the order was mailed to all parties. If the employer does not have a principal place of business in any county in this state, then the Petition for Review shall be filed with the Oklahoma County District Court. All appeals shall be governed by Part 4 of Article 3 of the Employment Security Act of 1980. If the employer fails to file an appeal to the district court within the time allowed, the order shall be final and no further appeal shall be allowed. C. Untimely requests for review and redetermination pursuant to paragraph 2 of subsection B of this section and written protests for appeals filed pursuant to paragraph 3 of subsection B of this section may be allowed for good cause shown, if the request for good cause is filed in writing with the Commission within one (1) year of the date of the determination or redetermination that is the basis of the request for untimely filing. Added by Laws 1997, c. 30, § 18, eff. July 1, 1997. Amended by Laws 2006, c. 176, § 19, eff. July 1, 2006; Laws 2007, c. 354, § 8, eff. Nov. 1, 2007; Laws 2012, c. 196, § 9, emerg. eff. May 8, 2012; Laws 2013, c. 71, § 12, eff. Nov. 1, 2013; Laws 2019, c. 251, § 9, eff. July 1, 2019; Laws 2022, c. 360, § 19, eff. Nov. 1, 2022.
§40-3-116. Reconsideration of determination. RECONSIDERATION OF DETERMINATION. A. The Oklahoma Employment Security Commission may reconsider a determination of the basis of: 1. An error in computation; 2. An error in identity; 3. Misrepresentation of material facts; 4. Mistake of material facts; 5. An error in interpretation or application of the law; or 6. A timely request made pursuant to paragraph 2 of subsection B of Section 3-115 of Title 40 of the Oklahoma Statutes.