Okla. Stat. tit. 36, § 36-1209
This is the official text of Okla. Stat. tit. 36, § 36-1209, 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.
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Procedure as to unfair methods of competition and unfair
Official statutory text
or deceptive acts or practices which are not defined.
A. Whenever the Insurance Commissioner shall have reason to
believe that any person engaged in the business of insurance is
engaging in this state in any method of competition or in any act or
practice in the conduct of such business which is not defined in
Section 1204 of this title, that the method of competition is unfair
or that the act or practice is unfair or deceptive and that an
administrative proceeding in respect thereto would be to the
interest of the public, the Commissioner may issue and serve such
person a statement of the charges in that respect and a notice in
accordance with the Administrative Procedures Act. The Commissioner
shall, after a hearing or waiver of the right to a hearing, make a
report in writing stating findings as to the facts and serve a copy
thereof upon such person.
B. If such report charges a violation of this article and if
such method of competition, act or practice has not been
discontinued, the Commissioner may cause a petition to be filed in
the district court of Oklahoma County or the district court of this
state within the district wherein the person resides or has his or
her principal place of business, to enjoin and restrain such person
from engaging in such method, act or practice. The Commissioner may
request the Attorney General to appear in the name of the state by
relation of the Commissioner. The court shall have jurisdiction of
the proceeding and shall have power to make and enter appropriate
orders in connection therewith and to issue such writs as are
ancillary to its jurisdiction or are necessary in its judgment to
prevent injury to the public pendente lite.
C. A transcript of the proceedings before the Commissioner
including all evidence taken and the report and findings shall be
filed with such petition. 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
there were reasonable grounds for the failure to adduce evidence in
the proceeding before the Commissioner, the court may order
additional evidence to 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 he shall file such modified or new
findings with the return of such additional evidence.
Oklahoma Statutes - Title 36. Insurance Page 280
D. If the court finds that the method of competition complained
of is unfair or that the act or practice complained of is unfair or
deceptive, that the proceeding by the Commissioner with respect
thereto is to the interest of the public and that the findings of
the Commissioner are supported by the weight of the evidence, it
shall issue its order enjoining and restraining the continuance of
such method of competition, act or practice.
A. Whenever the Insurance Commissioner shall have reason to
believe that any person engaged in the business of insurance is
engaging in this state in any method of competition or in any act or
practice in the conduct of such business which is not defined in
Section 1204 of this title, that the method of competition is unfair
or that the act or practice is unfair or deceptive and that an
administrative proceeding in respect thereto would be to the
interest of the public, the Commissioner may issue and serve such
person a statement of the charges in that respect and a notice in
accordance with the Administrative Procedures Act. The Commissioner
shall, after a hearing or waiver of the right to a hearing, make a
report in writing stating findings as to the facts and serve a copy
thereof upon such person.
B. If such report charges a violation of this article and if
such method of competition, act or practice has not been
discontinued, the Commissioner may cause a petition to be filed in
the district court of Oklahoma County or the district court of this
state within the district wherein the person resides or has his or
her principal place of business, to enjoin and restrain such person
from engaging in such method, act or practice. The Commissioner may
request the Attorney General to appear in the name of the state by
relation of the Commissioner. The court shall have jurisdiction of
the proceeding and shall have power to make and enter appropriate
orders in connection therewith and to issue such writs as are
ancillary to its jurisdiction or are necessary in its judgment to
prevent injury to the public pendente lite.
C. A transcript of the proceedings before the Commissioner
including all evidence taken and the report and findings shall be
filed with such petition. 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
there were reasonable grounds for the failure to adduce evidence in
the proceeding before the Commissioner, the court may order
additional evidence to 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 he shall file such modified or new
findings with the return of such additional evidence.
Oklahoma Statutes - Title 36. Insurance Page 280
D. If the court finds that the method of competition complained
of is unfair or that the act or practice complained of is unfair or
deceptive, that the proceeding by the Commissioner with respect
thereto is to the interest of the public and that the findings of
the Commissioner are supported by the weight of the evidence, it
shall issue its order enjoining and restraining the continuance of
such method of competition, act or practice.
Status: in_force · Read it on the official government site
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