Okla. Admin. Code § 810:10-5-19

Current through Vol. 42, No. 4, November 1, 2024

Section 810:10-5-19 - Pauper status

(a) A party may proceed without payment of fees and costs required under the AWCA or this Title upon a determination by the Commission or an Administrative Law Judge of the individual's pauper status. Any party making application to proceed as a pauper shall complete and file a CC-Form-99 with the Commission and serve a copy thereof on all other parties in the proceeding. The CC-Form-99 shall be prescribed by the Commission.

(b) The CC-Form-99 shall be set for prehearing conference before the assigned Administrative Law Judge before any hearing on the merits, with notice to all other parties in the proceeding. If filed at the time an appeal on an underlying issue is filed with the Commission en banc, the CC-Form-99 shall be addressed by the assigned Administrative Law Judge before the appeal is docketed for hearing.

(1) If the Administrative Law Judge denies the request for pauper status, the applicant may appeal the denial order to the Commission en banc within ten (10) days of its issuance as reflected by the file-stamped date on the order. The appeal to the Commission en banc shall be set on a priority basis. Payment of the cost of the appeal, including transcript costs and the filing fee, will be deferred pending resolution of the appeal.

(2) If the Commission en banc affirms the denial of pauper status, the applicant must either pay all of the deferred costs of the appeal or seek review of the Commission en banc's order by appealing it to the Supreme Court within twenty (20) days of when the Commission en banc's order was sent. Failure to do either shall result in dismissal of the underlying appeal to the Commission en banc upon motion of the opposing party. Only one appeal fee is due because the pauper status appeal is part of the original, underlying appeal.

(3) If pauper status is found by the Commission en banc, the deferred costs and fees shall be borne by the Commission, and the underlying appeal will be docketed for hearing.

Okla. Admin. Code § 810:10-5-19

Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015