Okla. Stat. tit. 15, § 15-141.35
This is the official text of Okla. Stat. tit. 15, § 15-141.35, part of Oklahoma’s Stat. tit. 15, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 15,." Browse the sections below, each linked to its official government source.
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Cease and desist order – Procedure - Hearing
Official statutory text
A. Upon issuance of an emergency cease and desist order under
Section 4 of this act, the Insurance Commissioner shall serve on the
person affected by the order, by registered or certified mail,
return receipt requested, to the person's last-known address, or by
other lawful means, an order that contains a statement of the
charges and requires the person immediately to cease and desist from
the acts, methods or practices stated.
Oklahoma Statutes - Title 15. Contracts Page 58
B. 1. If a person affected by an emergency cease and desist
order seeks to contest that order, the person may request a hearing
before the Commissioner. The person affected must request the
hearing not later than thirty (30) days after the date on which the
person receives the order. A request to contest an order shall be
in writing and directed to the Commissioner and shall state the
grounds for the request to set aside or modify the order.
2. On receiving the request for a hearing, the Commissioner
shall serve notice of the time and place of the hearing at which the
person requesting the hearing shall have the opportunity to show
cause why the order should not be affirmed. The hearing shall be
held not later than ten (10) days after the date the Commissioner
receives the request for a hearing unless the parties mutually agree
to a later hearing date.
3. Pending the hearing, an emergency cease and desist order
shall continue in full force and effect unless the order is stayed
by the Commissioner.
4. The hearing on the order shall be conducted according to the
procedures for contested cases under the Administrative Procedures
Act.
5. At the hearing, the Commissioner shall affirm, modify or set
aside in whole or in part the emergency cease and desist order.
C. A person aggrieved by a final order and decision of the
Commissioner may seek judicial review pursuant to Section 318 of
Title 75 of the Oklahoma Statutes.
D. The Commissioner may recover reasonable attorney fees if
judicial action is necessary for enforcement of the order.
E. A cease and desist order is final thirty-one (31) days after
the date it is received if the person affected by the order does not
request a hearing as provided by subsection B of this section.
Section 4 of this act, the Insurance Commissioner shall serve on the
person affected by the order, by registered or certified mail,
return receipt requested, to the person's last-known address, or by
other lawful means, an order that contains a statement of the
charges and requires the person immediately to cease and desist from
the acts, methods or practices stated.
Oklahoma Statutes - Title 15. Contracts Page 58
B. 1. If a person affected by an emergency cease and desist
order seeks to contest that order, the person may request a hearing
before the Commissioner. The person affected must request the
hearing not later than thirty (30) days after the date on which the
person receives the order. A request to contest an order shall be
in writing and directed to the Commissioner and shall state the
grounds for the request to set aside or modify the order.
2. On receiving the request for a hearing, the Commissioner
shall serve notice of the time and place of the hearing at which the
person requesting the hearing shall have the opportunity to show
cause why the order should not be affirmed. The hearing shall be
held not later than ten (10) days after the date the Commissioner
receives the request for a hearing unless the parties mutually agree
to a later hearing date.
3. Pending the hearing, an emergency cease and desist order
shall continue in full force and effect unless the order is stayed
by the Commissioner.
4. The hearing on the order shall be conducted according to the
procedures for contested cases under the Administrative Procedures
Act.
5. At the hearing, the Commissioner shall affirm, modify or set
aside in whole or in part the emergency cease and desist order.
C. A person aggrieved by a final order and decision of the
Commissioner may seek judicial review pursuant to Section 318 of
Title 75 of the Oklahoma Statutes.
D. The Commissioner may recover reasonable attorney fees if
judicial action is necessary for enforcement of the order.
E. A cease and desist order is final thirty-one (31) days after
the date it is received if the person affected by the order does not
request a hearing as provided by subsection B of this section.
Status: in_force · Read it on the official government site
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