Okla. Stat. tit. 36, § 36-405
This is the official text of Okla. Stat. tit. 36, § 36-405, 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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Emergency cease and desist order - Hearing - Judicial
Official statutory text
review - Attorneys fees.
A. On issuance of an emergency cease and desist order under
Section 3 of this act, the Insurance Commissioner shall serve on the
person affected by the order, by registered or certified mail,
return receipt requested, to the person's last-known address, or by
other lawful means, an order that contains a statement of the
charges and requires the person immediately to cease and desist from
the violation of subsection A of Section 2 of this act.
B. 1. If a person affected by an emergency cease and desist
order seeks to contest that order, the person may request a hearing
before the Insurance Commissioner. The person affected must request
the hearing not later than the thirtieth day after the date on which
the person receives the order. A request to contest an order must
be in writing and directed to the Insurance Commissioner and must
state the grounds for the request to set aside or modify the order.
2. On receiving the request for a hearing, the Insurance
Commissioner shall serve notice of the time and place of the hearing
at which the person requesting the hearing shall have the
opportunity to show cause why the order should not be affirmed. The
hearing is to be held not later than the tenth day after the date
the Insurance Commissioner receives the request for a hearing unless
the parties mutually agree to a later hearing date.
3. Pending the hearing, an emergency cease and desist order
continues in full force and effect unless the order is stayed by the
Insurance Commissioner.
4. The hearing on the order shall be conducted according to the
procedures for contested cases under the Administrative Procedures
Act.
5. At the hearing, the Insurance Commissioner shall affirm,
modify or set aside in whole or in part the emergency cease and
desist order.
C. A person aggrieved by a final order of the Insurance
Commissioner pursuant to the Crimes By or Affecting Persons Engaged
in the Business of Insurance Act may seek judicial review pursuant
to Section 318 of Title 75 of the Oklahoma Statutes.
D. The Insurance Commissioner may recover reasonable attorney
fees if judicial action is necessary for enforcement of the order.
Oklahoma Statutes - Title 36. Insurance Page 121
E. A cease and desist order is final thirty-one (31) days after
the date it is received if the person affected by the order does not
request a hearing as provided by subsection B of this section.
A. On issuance of an emergency cease and desist order under
Section 3 of this act, the Insurance Commissioner shall serve on the
person affected by the order, by registered or certified mail,
return receipt requested, to the person's last-known address, or by
other lawful means, an order that contains a statement of the
charges and requires the person immediately to cease and desist from
the violation of subsection A of Section 2 of this act.
B. 1. If a person affected by an emergency cease and desist
order seeks to contest that order, the person may request a hearing
before the Insurance Commissioner. The person affected must request
the hearing not later than the thirtieth day after the date on which
the person receives the order. A request to contest an order must
be in writing and directed to the Insurance Commissioner and must
state the grounds for the request to set aside or modify the order.
2. On receiving the request for a hearing, the Insurance
Commissioner shall serve notice of the time and place of the hearing
at which the person requesting the hearing shall have the
opportunity to show cause why the order should not be affirmed. The
hearing is to be held not later than the tenth day after the date
the Insurance Commissioner receives the request for a hearing unless
the parties mutually agree to a later hearing date.
3. Pending the hearing, an emergency cease and desist order
continues in full force and effect unless the order is stayed by the
Insurance Commissioner.
4. The hearing on the order shall be conducted according to the
procedures for contested cases under the Administrative Procedures
Act.
5. At the hearing, the Insurance Commissioner shall affirm,
modify or set aside in whole or in part the emergency cease and
desist order.
C. A person aggrieved by a final order of the Insurance
Commissioner pursuant to the Crimes By or Affecting Persons Engaged
in the Business of Insurance Act may seek judicial review pursuant
to Section 318 of Title 75 of the Oklahoma Statutes.
D. The Insurance Commissioner may recover reasonable attorney
fees if judicial action is necessary for enforcement of the order.
Oklahoma Statutes - Title 36. Insurance Page 121
E. A cease and desist order is final thirty-one (31) days after
the date it is received if the person affected by the order does not
request a hearing as provided by subsection B of this section.
Status: in_force · Read it on the official government site
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