§47-6-211.

§47-6-211.
   
   A. Any person denied driving privileges, or whose driving privilege
   has been canceled, denied, suspended or revoked by the Department,
   except where such cancellation, denial, suspension or revocation is
   mandatory, under the provisions of Section 6-205 of this title, shall
   have the right of appeal to the district court as hereinafter
   provided. Proceedings before the district court shall be exempt from
   the provisions of the Oklahoma Pleading and Discovery codes, except
   that the appeal shall be by petition, without responsive pleadings.
   The district court is hereby vested with original jurisdiction to hear
   said petition.
   
   B. A person whose driving privilege is denied, canceled, revoked or
   suspended due to inability to meet standards prescribed by law, or due
   to an out-of-state conviction or violation, or due to an excessive
   point accumulation on the traffic record, or for an unlawful license
   issued, may appeal in the county in which the person resides.
   
   C. Any person whose driving privilege is canceled, denied, suspended
   or revoked may appeal to the district court in the county in which the
   offense was committed upon which the Department based its order.
   
   D. A person whose driving privilege is revoked or denied or who is
   denied a hearing pursuant to Section 753 or 754 of this title may
   appeal to the district court in the county in which the arrest
   occurred relating to the test refusal or test result, as shown by the
   records of the Department.
   
   E. The petition shall be filed within thirty (30) days after the order
   has been served upon the person, except a petition relating to an
   implied consent revocation shall be filed within thirty (30) days
   after the Department gives notice to the person that the revocation is
   sustained as provided in Section 754 of this title. It shall be the
   duty of the district court to enter an order setting the matter for
   hearing not less than fifteen (15) days and not more than thirty (30)
   days from the date the petition is filed. A certified copy of petition
   and order for hearing shall be served forthwith by the clerk of the
   court upon the Commissioner of Public Safety by certified mail at the
   Department of Public Safety, Oklahoma City, Oklahoma.
   
   F. At a hearing on a revocation by the Department pursuant to the
   implied consent laws as provided in Section 6-205.1, 753 and 754 of
   this title, the court shall not consider the merits of the revocation
   action unless a written request for an administrative hearing was
   timely submitted to the Department and the person actually exercised
   the opportunity to appear as provided in Section 754 of this title and
   the Department entered an order sustaining the revocation.
   
   G. Upon a hearing relating to a revocation pursuant to a conviction
   for an offense enumerated in Section 6-205 of this title, the court
   shall not consider the propriety or merits of the revocation action,
   except to correct the identity of the person convicted as shown by
   records of the Department.
   
   H. In the event the Department declines to modify a revocation order
   issued pursuant to Section 753, Section 754, paragraph 2 of subsection
   A of Section 6-205 or Section 6-205.1 of this title, a petition for
   modification may be included with the appeal or separately filed at
   any time, and the district court may, in its discretion, modify the
   revocation as provided for in Section 755 of this title.
   
   I. The court shall take testimony and examine the facts and
   circumstances, including all of the records on file in the office of
   the Department of Public Safety relative to the offense committed and
   the driving record of the person, and determine from the facts,
   circumstances, and records whether or not the petitioner is entitled
   to driving privileges or shall be subject to the order of denial,
   cancellation, suspension or revocation issued by the Department. The
   court may also determine whether or not, from the person's previous
   driving record, the order was for a longer period of time than such
   facts and circumstances warranted. In case the court finds that the
   order was not justified, the court may sustain the appeal, vacate the
   order of the Department and direct that driving privileges be restored
   to the petitioner, if otherwise eligible. The court may, in case it
   determines the order was justified, but that the period of the
   suspension or revocation was excessive, enter an order modifying the
   same as provided by law.
   
   J. The testimony of any hearing pursuant to this section shall be
   taken by the court stenographer and preserved for the purpose of
   appeal and, in case the Department files notice of appeal from the
   order of the court as provided herein, the court shall order and
   direct the court clerk to prepare and furnish a complete transcript of
   all pleadings and proceedings, together with a complete transcript
   taken at said hearing at no cost to the Department, except the cost of
   transcribing.
   
   K. In order to stay or supersede any order of the Department, the
   petitioner may execute and file a cash appeal bond in the sum of Two
   Hundred Fifty Dollars ($250.00) with the clerk of the court, to be
   approved by the court clerk. A certified copy of the bond endorsed
   with the approval of the court clerk shall be served along with the
   notice of hearing and petition.
   
   The bond shall be to the State of Oklahoma and conditioned that the
   petitioner will prosecute the appeal with due diligence and during
   pendency of the appeal abide by and not violate any of the laws of
   this state or any other state in the operation of a motor vehicle, and
   that the petitioner will abide by and perform the final judgment of
   the court therein, and in case the appeal is finally denied the
   appellant will pay all court costs incurred in the appeal in the
   district court. If the petitioner is convicted of a traffic offense
   during the pendency of the appeal or fails to prosecute the appeal
   with due diligence, the bond may be forfeited to the court fund upon
   application by the Department and after hearing before the court in
   which the appeal is pending.
   
   L. After filing and approval of the appeal bond and the furnishing
   thereof to the Department as hereby provided, the Department shall
   restore driving privileges to the person if otherwise eligible, and
   the person shall be permitted to operate a motor vehicle pending the
   appeal, under terms and conditions as prescribed in the bond which
   shall include the installation of an ignition interlock device on
   every motor vehicle operated by the person, if the person was denied
   modification pursuant to any provision of paragraph 2 of subsection A
   of Section 6-205 or Section 6-205.1, 753 or 754 of this title;
   provided, however, if the order of the Department is sustained in
   final judgment, the court shall, in such final judgment, enter an
   order extending the period of suspension or revocation for such time
   as the petitioner was permitted to operate motor vehicles under the
   provisions of an appeal bond, and the court shall also in such final
   judgment direct and require the immediate surrender of any driver
   license or licenses to the Department.
   
   M. An appeal may be taken by the person or by the Department from the
   order or judgment of the district court to the Supreme Court of the
   State of Oklahoma as otherwise provided by law.