Oklahoma Code § 36-6103.4

Title 36. Insurance: Hearing
Open in Lexace · Ask the AI about this section
A.  1.  If the Insurance Commissioner has reason to believe or
it appears that a person or insurer has violated or is threatening
to violate the provisions of Sections 6103.1 through 6103.11 of this
title or a rule promulgated pursuant thereto, or that a person or
insurer acting in violation of Sections 6103.1 through 6103.11 of
this title has engaged in or is threatening to engage in an unfair
method of competition or an unfair or deceptive act or practice as
defined in Section 1201 et seq. of this title or a rule promulgated
pursuant thereto, the Commissioner may set a hearing and shall serve
on that person or insurer allegations of fact and a notice of
hearing, in conformance with the Administrative Procedures Act and
the Oklahoma Insurance Code, and the applicable rules thereof.
2.  The hearing must be held not earlier than the 5th day or
later than the 30th day after the date of service of the statement
and notice unless the parties, with prior written approval of the
Commissioner, mutually agree to some other arrangements.  Process
may be served by registered mail, return receipt requested, to the
person's last-known address.
3.  The hearing shall be conducted in the manner provided for
contested cases under the Administrative Procedures Act and the
Oklahoma Insurance Code, and the applicable rules thereof.
B.  1.  After the hearing, the Commissioner may issue an order
against the person or insurer charged with a violation requiring
that the person or insurer immediately cease and desist from the
violation.
2.  A person aggrieved by a final order or decision of the
Insurance Commissioner pursuant to Sections 6103.1 through 6103.11
of this title may seek judicial review pursuant to Section 318 of
Title 75 of the Oklahoma Statutes.

C.  The Insurance Commissioner may promulgate reasonable rules
necessary to carry out this section.
D.  The Insurance Commissioner may proceed under Sections 6103.1
through 6103.11 of this title or under any other applicable law
without regard to prior proceedings.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.