Okla. Stat. tit. 36, § 36-1525
This is the official text of Okla. Stat. tit. 36, § 36-1525, 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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Regulatory Action Level Event
Official statutory text
A. "Regulatory Action Level Event" means, with respect to any
insurer, any of the following events:
1. The filing of an RBC Report by the insurer which indicates
that the insurer's Total Adjusted Capital is greater than or equal
to its Authorized Control Level RBC but less than its Regulatory
Action Level RBC;
2. The notification by the Insurance Commissioner to an insurer
of an Adjusted RBC Report that indicates the event described in
paragraph 1 of this subsection, provided the insurer does not
challenge the Adjusted RBC Report under Section 9 of this act;
3. If, pursuant to Section 9 of this act, the insurer
challenges an Adjusted RBC Report that indicates the event described
in paragraph 1 of this subsection, the notification by the
Commissioner to the insurer that the Commissioner has, after
opportunity for a hearing, rejected the insurer's challenge;
4. The failure of the insurer to file an RBC Report by the
filing date, unless the insurer has provided an explanation for such
failure in writing prior to the filing date which is satisfactory to
the Commissioner, and has cured the failure within such time as may
be allowed by the Commissioner;
5. The failure of the insurer to submit an RBC Plan to the
Commissioner within the time period set forth in subsection C of
Section 5 of this act;
6. Notification by the Commissioner to the insurer that:
Oklahoma Statutes - Title 36. Insurance Page 417
a. the RBC Plan or Revised RBC Plan submitted by the
insurer is, in the judgment of the Commissioner,
unsatisfactory, and
b. such notification constitutes a Regulatory Action
Level Event with respect to the insurer, provided the
insurer has not challenged the determination under
Section 9 of this act;
7. If, pursuant to Section 9 of this act, the insurer
challenges a determination by the Commissioner under paragraph 6 of
this subsection, the notification by the Commissioner to the insurer
that the Commissioner has, after opportunity for a hearing, rejected
such challenge;
8. Notification by the Commissioner to the insurer that the
insurer has failed to adhere to its RBC Plan or Revised RBC Plan,
but only if the failure has a substantial adverse effect on the
ability of the insurer to eliminate the Company Action Level Event
in accordance with the RBC Plan or Revised RBC Plan and the
Commissioner has so stated in the notification, provided the insurer
has not challenged the determination under Section 9 of this act; or
9. If, pursuant to Section 9 of this act, the insurer
challenges a determination by the Commissioner under paragraph 8 of
this subsection, the notification by the Commissioner to the insurer
that the Commissioner has, after opportunity for a hearing, rejected
the challenge.
B. In the event of a Regulatory Action Level Event:
1. The insurer shall, unless otherwise directed by the
Commissioner, prepare and submit an RBC Plan or, if applicable, a
Revised RBC Plan;
2. The Commissioner may perform such examination or analysis as
the Commissioner deems necessary of the assets, liabilities, and
operations of the insurer including a review of its RBC Plan or
Revised RBC Plan; and
3. Subsequent to the examination or analysis, the Commissioner
may issue a corrective order specifying the corrective actions which
the Commissioner determines are required.
C. In determining corrective actions, the Commissioner may take
into account the factors deemed relevant with respect to the insurer
based upon the Commissioner's examination or analysis of the assets,
liabilities, and operations of the insurer, including, but not
limited to, the results of any sensitivity tests undertaken pursuant
to the RBC Instructions. The RBC Plan or Revised RBC Plan shall be
submitted:
1. Within forty-five (45) days after the occurrence of the
Regulatory Action Level Event;
2. If the insurer challenges an Adjusted RBC Report pursuant to
on or analysis of the assets,
liabilities, and operations of the insurer, including, but not
limited to, the results of any sensitivity tests undertaken pursuant
to the RBC Instructions. The RBC Plan or Revised RBC Plan shall be
submitted:
1. Within forty-five (45) days after the occurrence of the
Regulatory Action Level Event;
2. If the insurer challenges an Adjusted RBC Report pursuant to
Section 9 of this act, within forty-five (45) days after the
Oklahoma Statutes - Title 36. Insurance Page 418
notification to the insurer that the Commissioner has, after
opportunity for a hearing, rejected the insurer's challenge; or
3. If the insurer challenges a Revised RBC Plan pursuant to
Section 9 of this act, within forty-five (45) days after the
notification to the insurer that the Commissioner has, after
opportunity for a hearing, rejected the insurer's challenge.
D. The Commissioner may retain actuaries and investment experts
and other consultants as may be necessary in the judgment of the
Commissioner to review the insurer's RBC Plan or Revised RBC Plan,
examine or analyze the assets, liabilities, and operations of the
insurer, and formulate a corrective order with respect to the
insurer. The fees, costs, and expenses relating to consultants
shall be borne by the affected insurer or such other party as
directed by the Commissioner.
insurer, any of the following events:
1. The filing of an RBC Report by the insurer which indicates
that the insurer's Total Adjusted Capital is greater than or equal
to its Authorized Control Level RBC but less than its Regulatory
Action Level RBC;
2. The notification by the Insurance Commissioner to an insurer
of an Adjusted RBC Report that indicates the event described in
paragraph 1 of this subsection, provided the insurer does not
challenge the Adjusted RBC Report under Section 9 of this act;
3. If, pursuant to Section 9 of this act, the insurer
challenges an Adjusted RBC Report that indicates the event described
in paragraph 1 of this subsection, the notification by the
Commissioner to the insurer that the Commissioner has, after
opportunity for a hearing, rejected the insurer's challenge;
4. The failure of the insurer to file an RBC Report by the
filing date, unless the insurer has provided an explanation for such
failure in writing prior to the filing date which is satisfactory to
the Commissioner, and has cured the failure within such time as may
be allowed by the Commissioner;
5. The failure of the insurer to submit an RBC Plan to the
Commissioner within the time period set forth in subsection C of
Section 5 of this act;
6. Notification by the Commissioner to the insurer that:
Oklahoma Statutes - Title 36. Insurance Page 417
a. the RBC Plan or Revised RBC Plan submitted by the
insurer is, in the judgment of the Commissioner,
unsatisfactory, and
b. such notification constitutes a Regulatory Action
Level Event with respect to the insurer, provided the
insurer has not challenged the determination under
Section 9 of this act;
7. If, pursuant to Section 9 of this act, the insurer
challenges a determination by the Commissioner under paragraph 6 of
this subsection, the notification by the Commissioner to the insurer
that the Commissioner has, after opportunity for a hearing, rejected
such challenge;
8. Notification by the Commissioner to the insurer that the
insurer has failed to adhere to its RBC Plan or Revised RBC Plan,
but only if the failure has a substantial adverse effect on the
ability of the insurer to eliminate the Company Action Level Event
in accordance with the RBC Plan or Revised RBC Plan and the
Commissioner has so stated in the notification, provided the insurer
has not challenged the determination under Section 9 of this act; or
9. If, pursuant to Section 9 of this act, the insurer
challenges a determination by the Commissioner under paragraph 8 of
this subsection, the notification by the Commissioner to the insurer
that the Commissioner has, after opportunity for a hearing, rejected
the challenge.
B. In the event of a Regulatory Action Level Event:
1. The insurer shall, unless otherwise directed by the
Commissioner, prepare and submit an RBC Plan or, if applicable, a
Revised RBC Plan;
2. The Commissioner may perform such examination or analysis as
the Commissioner deems necessary of the assets, liabilities, and
operations of the insurer including a review of its RBC Plan or
Revised RBC Plan; and
3. Subsequent to the examination or analysis, the Commissioner
may issue a corrective order specifying the corrective actions which
the Commissioner determines are required.
C. In determining corrective actions, the Commissioner may take
into account the factors deemed relevant with respect to the insurer
based upon the Commissioner's examination or analysis of the assets,
liabilities, and operations of the insurer, including, but not
limited to, the results of any sensitivity tests undertaken pursuant
to the RBC Instructions. The RBC Plan or Revised RBC Plan shall be
submitted:
1. Within forty-five (45) days after the occurrence of the
Regulatory Action Level Event;
2. If the insurer challenges an Adjusted RBC Report pursuant to
on or analysis of the assets,
liabilities, and operations of the insurer, including, but not
limited to, the results of any sensitivity tests undertaken pursuant
to the RBC Instructions. The RBC Plan or Revised RBC Plan shall be
submitted:
1. Within forty-five (45) days after the occurrence of the
Regulatory Action Level Event;
2. If the insurer challenges an Adjusted RBC Report pursuant to
Section 9 of this act, within forty-five (45) days after the
Oklahoma Statutes - Title 36. Insurance Page 418
notification to the insurer that the Commissioner has, after
opportunity for a hearing, rejected the insurer's challenge; or
3. If the insurer challenges a Revised RBC Plan pursuant to
Section 9 of this act, within forty-five (45) days after the
notification to the insurer that the Commissioner has, after
opportunity for a hearing, rejected the insurer's challenge.
D. The Commissioner may retain actuaries and investment experts
and other consultants as may be necessary in the judgment of the
Commissioner to review the insurer's RBC Plan or Revised RBC Plan,
examine or analyze the assets, liabilities, and operations of the
insurer, and formulate a corrective order with respect to the
insurer. The fees, costs, and expenses relating to consultants
shall be borne by the affected insurer or such other party as
directed by the Commissioner.
Status: in_force · Read it on the official government site
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