Okla. Stat. tit. 36, § 36-6220

Grounds - Civil penalties - Surrender of license - Reinstatement.

A. The Commissioner may censure, suspend, revoke, or refuse to

issue or renew a license pursuant to the Insurance Adjusters

Licensing Act, levy a civil penalty in accordance with subsection B

of this section, or any combination of actions for any of the

following causes:

1. Material misrepresentation or fraud in obtaining an

adjuster’s license;

2. Any cause for which original issuance of a license could

have been refused;

3. Misappropriation, conversion to the personal use of the

licensee, or illegal withholding of monies required to be held by

the licensee in a fiduciary capacity;

4. Material misrepresentation of the terms and effect of any

insurance contract, with intent to deceive, or engaging in, or

attempting to engage in, any fraudulent transaction with respect to

a claim or loss that the licensee or the trainee is adjusting and,

in the case of a public adjuster, misrepresentation of the services

offered or the fees or commission to be charged;

5. Conviction of or pleading guilty or nolo contendere to a

felony pursuant to the laws of this state, any other state, the

United States, or any foreign country;

6. If in the conduct of business affairs, the licensee or

trainee has shown himself to be, and is so deemed by the

Commissioner, incompetent, untrustworthy or a source of injury to

the public;

Oklahoma Statutes - Title 36. Insurance Page 1178

7. Refusal to comply with any lawful order of the Commissioner;

8. Violation of any provision of the Insurance Adjusters

Licensing Act;

9. Adjusting losses or negotiating claim settlements arising

pursuant to provisions of insurance contracts on behalf of an

insurer or insured without proper licensing from the Commissioner

and authority from the licensed insurer or the insured party;

10. Failing to respond to any inquiry (including electronic

communications) from the Department within thirty (30) calendar days

of receipt of such inquiry;

11. Forging another’s name to any document;

12. Improperly using notes or any other reference material to

complete an examination for an insurance license;

13. Having admitted or been found to have committed any

insurance unfair trade practice or insurance fraud;

14. Having an insurance adjuster license or its equivalent

denied, suspended, censured, placed on probation or revoked in any

other state, province, district or territory;

15. Failing to inform the Department, by any means acceptable

to the Department, of a change of address, change of legal name or

change of information submitted on the application within thirty

(30) days of the change; or

16. Providing services as a public adjuster, company adjuster

or independent adjuster on the same claim.

B. In addition to or in lieu of any applicable denial,

suspension, or revocation of a license, any person violating the

provisions of the Insurance Adjusters Licensing Act may be subject

to a civil fine of not more than One Thousand Dollars ($1,000.00)

for each violation. This fine may be enforced in the same manner in

which civil judgment may be enforced.

C. The Commissioner shall not reinstate a license to any person

whose license has been suspended, revoked, or refused renewal until

the Commissioner determines that the cause or causes for the

suspension, revocation, or nonrenewal of the license no longer

exist.

D. The Department shall retain the authority to enforce the

provisions of and impose any penalty or remedy authorized by this

title against any person who is under investigation for or charged

with a violation even if the person’s license or registration has

been surrendered or has lapsed by operation of law.

E. It shall be unlawful for any person, firm, association,

company or corporation to act as an adjuster without first obtaining

a license pursuant to the Insurance Adjusters Licensing Act. Any
thorized by this

title against any person who is under investigation for or charged

with a violation even if the person’s license or registration has

been surrendered or has lapsed by operation of law.

E. It shall be unlawful for any person, firm, association,

company or corporation to act as an adjuster without first obtaining

a license pursuant to the Insurance Adjusters Licensing Act. Any

person convicted of violating the provisions of this subsection

shall be guilty of a misdemeanor and shall be punished as set forth

in Section 10 of Title 21 of the Oklahoma Statutes. The restriction

set forth in this subsection shall apply regardless of whether the

Oklahoma Statutes - Title 36. Insurance Page 1179

person, firm, association, company or corporation has obtained power

of attorney from an insurance claimant or has entered into any other

agreement with an insurance claimant to act on the behalf of the

claimant.