Okla. Stat. tit. 36, § 36-1208
This is the official text of Okla. Stat. tit. 36, § 36-1208, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Judicial review of cease and desist orders
Official statutory text
A. Any person required by an order of the Insurance
Commissioner under Section 1207 of this title to cease and desist
from engaging in any unfair method of competition or any unfair or
deceptive act or practice defined in Section 1204 of this title may
Oklahoma Statutes - Title 36. Insurance Page 278
obtain a review of such order by filing in the district court of
Oklahoma County, or the county in which the order was served, within
thirty (30) days from the date of service of such order, a written
petition praying that the order of the Commissioner be set aside. A
copy of the petition shall be served upon the Commissioner, and
thereupon the Commissioner shall certify and file in such court a
transcript of the entire record in the proceeding, including all the
evidence taken and the report and order of the Commissioner. Upon
filing the petition and transcript, the court shall have
jurisdiction of the proceeding and of the question determined
therein, shall determine whether the filing of the petition shall
operate as a stay of the order of the Commissioner, and shall have
power to make and enter upon the pleadings, evidence, and
proceedings set forth in the transcript a decree modifying,
affirming or reversing the order of the Commissioner, in whole or in
part. The findings of the Commissioner as to the facts, if
supported by the evidence, shall be conclusive.
B. To the extent that the order of the Commissioner is
affirmed, the court shall thereupon issue its own order commanding
obedience to the terms of the order of the Commissioner. If either
party shall apply to the court for leave to adduce additional
evidence, and shall show to the satisfaction of the court that
additional evidence is material and that there were reasonable
grounds for the failure to adduce such evidence in the proceeding
before the Commissioner, the court may order additional evidence be
taken before the Commissioner, and to be adduced upon the hearing in
such manner and upon such terms and conditions as to the court may
seem proper. The Commissioner may modify findings of fact, or make
new findings by reason of the additional evidence so taken, and
shall file such modified or new findings which, if supported by the
evidence, shall be conclusive, and his recommendation, if any, for
the modification or setting aside of his original order, with the
return of such additional evidence. Appeal may be taken from the
district court as provided in other civil cases.
C. A cease and desist order issued by the Commissioner under
Section 1207 of this title shall become final:
1. Upon the expiration of the time allowed for filing a
petition for review if no such petition has been duly filed within
such time; except that the Commissioner may thereafter modify or set
aside an order to the extent provided in subsection B of Section
1207 of this title; or
2. Upon the final decision of the court if the court directs
that the order of the Commissioner be affirmed or the petition for
review dismissed.
D. No order of the Commissioner under this article or order of
a court to enforce the same shall in any way relieve or absolve any
Oklahoma Statutes - Title 36. Insurance Page 279
person affected by such order from any liability under any other
laws of this state.
Commissioner under Section 1207 of this title to cease and desist
from engaging in any unfair method of competition or any unfair or
deceptive act or practice defined in Section 1204 of this title may
Oklahoma Statutes - Title 36. Insurance Page 278
obtain a review of such order by filing in the district court of
Oklahoma County, or the county in which the order was served, within
thirty (30) days from the date of service of such order, a written
petition praying that the order of the Commissioner be set aside. A
copy of the petition shall be served upon the Commissioner, and
thereupon the Commissioner shall certify and file in such court a
transcript of the entire record in the proceeding, including all the
evidence taken and the report and order of the Commissioner. Upon
filing the petition and transcript, the court shall have
jurisdiction of the proceeding and of the question determined
therein, shall determine whether the filing of the petition shall
operate as a stay of the order of the Commissioner, and shall have
power to make and enter upon the pleadings, evidence, and
proceedings set forth in the transcript a decree modifying,
affirming or reversing the order of the Commissioner, in whole or in
part. The findings of the Commissioner as to the facts, if
supported by the evidence, shall be conclusive.
B. To the extent that the order of the Commissioner is
affirmed, the court shall thereupon issue its own order commanding
obedience to the terms of the order of the Commissioner. If either
party shall apply to the court for leave to adduce additional
evidence, and shall show to the satisfaction of the court that
additional evidence is material and that there were reasonable
grounds for the failure to adduce such evidence in the proceeding
before the Commissioner, the court may order additional evidence be
taken before the Commissioner, and to be adduced upon the hearing in
such manner and upon such terms and conditions as to the court may
seem proper. The Commissioner may modify findings of fact, or make
new findings by reason of the additional evidence so taken, and
shall file such modified or new findings which, if supported by the
evidence, shall be conclusive, and his recommendation, if any, for
the modification or setting aside of his original order, with the
return of such additional evidence. Appeal may be taken from the
district court as provided in other civil cases.
C. A cease and desist order issued by the Commissioner under
Section 1207 of this title shall become final:
1. Upon the expiration of the time allowed for filing a
petition for review if no such petition has been duly filed within
such time; except that the Commissioner may thereafter modify or set
aside an order to the extent provided in subsection B of Section
1207 of this title; or
2. Upon the final decision of the court if the court directs
that the order of the Commissioner be affirmed or the petition for
review dismissed.
D. No order of the Commissioner under this article or order of
a court to enforce the same shall in any way relieve or absolve any
Oklahoma Statutes - Title 36. Insurance Page 279
person affected by such order from any liability under any other
laws of this state.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.