Okla. Stat. tit. 36, § 36-1938

personnel.

A. Upon written notice to the receiver, a person shall be

placed on the service list to receive notice of matters filed by the

receiver. It shall be the responsibility of the person requesting

notice to inform the receiver in writing of any changes to his or

her address, or to request that his or her name be deleted from the

service list. The receiver may require that the persons on the

service list provide confirmation that they wish to remain on the

service list. Any person who fails to confirm his or her intent to

remain on the service list may be purged from the service list.

Inclusion on the service list does not confer standing in the

delinquency proceeding to raise, appear, or be heard on any issue.

B. Except as otherwise provided by this act, notice and hearing

of any matter submitted by the receiver to the receivership court

for approval under this act shall be conducted as follows:

Oklahoma Statutes - Title 36. Insurance Page 567

1. The receiver shall file an application explaining the

proposed action and the basis therefor. The receiver may include

any evidence in support of the application. If the receiver

determines that any documents supporting the application are

confidential, the receiver may submit them to the receivership court

under seal for in-camera inspection;

2. The receiver shall provide notice of the application to all

persons on the service list and any other parties as determined by

the receiver. Notice may be provided by first-class mail, postage

paid, electronic mail, or facsimile transmission, at the receiver's

discretion. For purposes of this section, notice is deemed to be

given on the date that it is deposited with the U.S. Postmaster or

transmitted, as applicable, to the last-known address as shown on

the service list;

3. Any party in interest objecting to the application shall

file an objection specifying the grounds therefor within fourteen

(14) days or such longer time as the court may specify in the notice

of the filing of the application and shall serve copies on the

receiver and any other persons served with the application within

the same time period. An objecting party shall have the burden of

showing why the receivership court should not authorize the proposed

action;

4. If no objection to the application is timely filed, the

receivership court may enter an order approving the application

without a hearing or hold a hearing to determine if the receiver's

application should be approved. The receiver may request that the

receivership court enter an order or hold a hearing on an expedited

basis; and

5. If an objection is timely filed, the receivership court may

hold a hearing. If the receivership court approves the application

and, upon a motion by the receiver, determines that the objection

was frivolous or filed merely for delay or for other improper

purpose, the receivership court shall order the objecting party to

pay the receiver's reasonable costs and fees of defending the

action.

C. In any proceeding commenced against an insurer pursuant to

Article 18 by a judicial proceeding or Article 19 of this title for

the purpose of liquidating, rehabilitating, reorganizing or

conserving such insurer, hereinafter called delinquency proceeding,

the compensation of personnel employed or retained to assist the

Insurance Commissioner with the proceeding shall be approved by the

court before the compensation may be paid. The Insurance

Commissioner shall apply to the court for approval; provided, if any

board or association is authorized by the Commissioner to provide

assistance to the Commissioner, the board or association shall apply

to the court.

Oklahoma Statutes - Title 36. Insurance Page 568

D. Upon receiving the application for approval of compensation,

the party responsible for the filing of the application shall cause

notice in writing of the application, time to file objections, and
ard or association is authorized by the Commissioner to provide

assistance to the Commissioner, the board or association shall apply

to the court.

Oklahoma Statutes - Title 36. Insurance Page 568

D. Upon receiving the application for approval of compensation,

the party responsible for the filing of the application shall cause

notice in writing of the application, time to file objections, and

hearing if there are objections, to be served upon the following

persons not less than ten (10) days before the objection period

expires:

1. The persons or firms requesting the compensation;

2. The Commissioner, if not the applicant; and

3. Ten persons, or such lesser number as there may be, who hold

the largest number of shares in the insurance company involved in

the delinquency proceeding, as indicated by the company's stock

register as of the time that the company was placed under

supervision pursuant to Section 1804 of this title or at the time

that an application was filed with the court for the commencement of

a delinquency proceeding pursuant to Section 1903 of this title.

Said shareholders shall serve as representatives of the insurance

company.

E. The notice shall state the time to file objections and place

of the hearing if there are objections, the reasons for the hearing

and the following rights of any party served with notice:

1. To appear in person at the hearing or to be represented by

counsel;

2. To testify under oath, call witnesses to testify, and

furnish documentary evidence, relevant to the determination of the

compensation;

3. To cross-examine witnesses and have a reasonable opportunity

to inspect all documentary evidence; and

4. To subpoena witnesses and compel the production of testimony

and documents, relevant to the determination of the compensation.

The person making service shall make an affidavit of such service

and file the notice and affidavit with the court.

F. At the hearing, the court shall fully investigate the

compensation of persons employed or retained to assist the Insurance

Commissioner with the conduct of the delinquency proceeding. The

court shall not approve the compensation until it has been made to

appear to the satisfaction of the court, based upon competent

evidence, that such compensation is justified.