Right of review and exceptions.
Tulsa Revised Ordinances tit. 17, § 718
in effectSection 718. - Right of review and exceptions.
There is hereby created an Environmental Review Board ("Review Board") composed of five (5) members. One member shall be selected by the Environmental Advisory Council from its membership. Four (4) members shall be appointed by the Board. The Review Board shall select annually a Chairman from among its members. Meetings shall be called by the Chairman. Three (3) members shall constitute a quorum.
A. When, in the opinion of the Director, a violation of this Clean Air Code ("the Code") exists, he may by conference, conciliation and persuasion, endeavor to the fullest extent possible to eliminate such violation. In case of the failure by conference, conciliation and persuasion to correct or remedy any claimed violation, the Director may cause to have issued and served personally or by certified mail a written order upon the person complained against. The order shall specify the provisions of the Code alleged to constitute a violation thereof and shall order that the necessary corrective action be taken within a reasonable time to be prescribed in such order. Any such order shall become final and enforceable, unless the person or persons named therein request in writing a hearing before the Review Board no later than fifteen (15) days after the date such order is served. The notice of hearing shall be delivered in person or by certified mail to the alleged violator or violators not less than ten (10) days before the time set for hearing. Provided, however, that the aforementioned right of review shall not preclude the issuing of code citations or the filing of criminal charges.
B. The respondent to the order may file a written answer thereto and may appear at such hearing in person or by representative, with or without counsel, and may make oral argument, offer testimony or cross examine witnesses in support of the complaint, or take any combination of such actions. In all proceedings before the Review Board, with respect to any alleged violation of the Code, the burden of proof shall be upon the Director.
C. The Review Board shall make such final determination as it shall deem appropriate under the circumstances and it shall request the Director of Health to issue a final order in accordance with its findings. The Director shall notify the respondent thereof in writing by certified mail.
D. The Review Board may appoint such hearing officers, review panels or technical advisers as it deems necessary to assist it in the hearings herein authorized; provided, however, that if a hearing officer or review panel is appointed to take testimony and evidence, a written transcript of the record shall be made and the hearing officer or review panel shall make written findings of fact, conclusions of law and recommended action to the Review Board. The review panel shall be confined to the factual record made at the hearing. The Review Board shall reverse or remand the order of the Director only if it finds that the order is not supported by reliable probative and substantial evidence in the whole record or that the order is legally incorrect. The final determination of the Board shall be in writing and shall contain findings of fact and conclusions of law.
E. Either party may appeal an adverse ruling by the Review Board to the City Council of the City of Tulsa by filing a written notice of appeal with the City Clerk within forty-eight (48) hours. Such appeal shall be heard by the City Council at the next available meeting following the filing of such appeal. Any appeal heard by the City Council shall be confined to the factual record made at the hearing of the Review Board or hearing officer.
Source: City of Tulsa, Revised Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/tulsa/codes/code_of_ordinances?nodeId=COOR_TIT17HERE_CH7CLAICO_S718RIREEXFetched: 10/28/2026