Legal Opinion · Dissent

State ex rel. Board of Regents ex rel. Campus Disciplinary Council v. Lucas

Supreme Court of Oklahoma

Decided March 5, 2013No. 110,283Published

1Dissent

KAUGER, J.,

with whom COLBERT C.J., and REIF, J., join dissenting:

T1 The district court seeks an answer to the following question:

Does it have jurisdiction to review a University Disciplinary Council proceeding brought against a student?

The answer is:

Yes, but not under the review proceeding provided for in the Administrative Procedure Act (APA), 75 0.8.2011 §§ 250 et seq.

T2 Article II of the APA concerns individual proceedings.1 The APA defines individual proceedings as: "the formal process employed by an agency having jurisdiction by law to resolve issues of law or fact between parties and…

2Cases cited19 opinions

  1. Cleavinger v. SaxnerSupreme Court of the United States · 1985
  2. Miklosy v. Regents of the University of CaliforniaCalifornia Supreme Court · 2008
  3. Jackson v. Independent School District No. 16Supreme Court of Oklahoma · 1982
  4. DuLaney v. Oklahoma State Department of HealthSupreme Court of Oklahoma · 1993
  5. Oklahoma Department of Public Safety v. McCradySupreme Court of Oklahoma · 2007

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