Okla. Stat. tit. 36, § 36-309.3
This is the official text of Okla. Stat. tit. 36, § 36-309.3, 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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Appointment of examiner - Compliance with examiner's
Official statutory text
requests - Powers of Commissioner.
A. Upon determining that an examination should be conducted,
the Insurance Commissioner shall issue an examination warrant
appointing one or more examiners to perform the examination and
instructing them as to the scope of the examination. In conducting
the examination, the examiner shall observe those guidelines and
procedures set forth in the Examiners' Handbook adopted by the
National Association of Insurance Commissioners as supplemented by
rules of the Commissioner. The Commissioner may also employ such
other guidelines or procedures as the Commissioner may deem
appropriate.
B. Every company or person from whom information is sought,
including all of its officers, directors, employees and agents,
shall provide to the Commissioner and examiners timely, convenient,
and free access at all reasonable hours at its offices to all books,
records, accounts, papers, documents, and any or all computer or
other recordings relating to the property, assets, business and
affairs of the company being examined. The officers, directors,
employees and agents of the company or person shall facilitate such
examination and aid in such examination so far as it is in their
power to do so. The refusal of any company, by its officers,
directors, employees or agents, to submit to examination or to
comply with any reasonable written request of the examiners shall be
grounds for suspension or refusal of, or nonrenewal of any license
or authority held by the company to engage in an insurance or other
business subject to the Commissioner's jurisdiction. Any such
proceedings for suspension, revocation or refusal of any license or
authority shall be conducted pursuant to Section 619 of this title.
C. The Commissioner or examiners shall have the power to issue
subpoenas, to administer oaths and to examine under oath any person
Oklahoma Statutes - Title 36. Insurance Page 64
as to any matter pertinent to the examination. Upon the failure or
refusal of any person to obey a subpoena, the Commissioner may
petition a court of competent jurisdiction, and upon proper showing,
the Court may enter any order compelling the witness to appear and
testify or produce documentary evidence. Failure to obey the court
order shall be punishable as contempt of court.
D. When making an examination under Sections 309.1 through
309.7 of this title, the Commissioner may retain attorneys,
appraisers, independent actuaries, independent certified public
accountants or an accounting firm or individual holding a permit to
practice public accounting, certified financial examiners or other
professionals and specialists as examiners, the cost of which shall
be borne by the company which is the subject of the examination.
E. Nothing contained in Sections 309.1 through 309.7 of this
title shall be construed to limit the Commissioner's authority to
terminate or suspend any examination in order to pursue other legal
or regulatory action pursuant to the insurance laws of this state.
Findings of fact and conclusions made in any examination report
shall be prima facie evidence in any legal or regulatory action.
F. Nothing contained in Sections 309.1 through 309.7 of this
title shall be construed to limit the Commissioner's authority to
use and, if appropriate, to make public any final or preliminary
examination report, any examiner or company workpapers or other
documents, or any other information discovered or developed during
the course of any examination in the furtherance of any legal or
regulatory action which the Commissioner may deem appropriate.
A. Upon determining that an examination should be conducted,
the Insurance Commissioner shall issue an examination warrant
appointing one or more examiners to perform the examination and
instructing them as to the scope of the examination. In conducting
the examination, the examiner shall observe those guidelines and
procedures set forth in the Examiners' Handbook adopted by the
National Association of Insurance Commissioners as supplemented by
rules of the Commissioner. The Commissioner may also employ such
other guidelines or procedures as the Commissioner may deem
appropriate.
B. Every company or person from whom information is sought,
including all of its officers, directors, employees and agents,
shall provide to the Commissioner and examiners timely, convenient,
and free access at all reasonable hours at its offices to all books,
records, accounts, papers, documents, and any or all computer or
other recordings relating to the property, assets, business and
affairs of the company being examined. The officers, directors,
employees and agents of the company or person shall facilitate such
examination and aid in such examination so far as it is in their
power to do so. The refusal of any company, by its officers,
directors, employees or agents, to submit to examination or to
comply with any reasonable written request of the examiners shall be
grounds for suspension or refusal of, or nonrenewal of any license
or authority held by the company to engage in an insurance or other
business subject to the Commissioner's jurisdiction. Any such
proceedings for suspension, revocation or refusal of any license or
authority shall be conducted pursuant to Section 619 of this title.
C. The Commissioner or examiners shall have the power to issue
subpoenas, to administer oaths and to examine under oath any person
Oklahoma Statutes - Title 36. Insurance Page 64
as to any matter pertinent to the examination. Upon the failure or
refusal of any person to obey a subpoena, the Commissioner may
petition a court of competent jurisdiction, and upon proper showing,
the Court may enter any order compelling the witness to appear and
testify or produce documentary evidence. Failure to obey the court
order shall be punishable as contempt of court.
D. When making an examination under Sections 309.1 through
309.7 of this title, the Commissioner may retain attorneys,
appraisers, independent actuaries, independent certified public
accountants or an accounting firm or individual holding a permit to
practice public accounting, certified financial examiners or other
professionals and specialists as examiners, the cost of which shall
be borne by the company which is the subject of the examination.
E. Nothing contained in Sections 309.1 through 309.7 of this
title shall be construed to limit the Commissioner's authority to
terminate or suspend any examination in order to pursue other legal
or regulatory action pursuant to the insurance laws of this state.
Findings of fact and conclusions made in any examination report
shall be prima facie evidence in any legal or regulatory action.
F. Nothing contained in Sections 309.1 through 309.7 of this
title shall be construed to limit the Commissioner's authority to
use and, if appropriate, to make public any final or preliminary
examination report, any examiner or company workpapers or other
documents, or any other information discovered or developed during
the course of any examination in the furtherance of any legal or
regulatory action which the Commissioner may deem appropriate.
Status: in_force · Read it on the official government site
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