Okla. Stat. tit. 36, § 36-937
This is the official text of Okla. Stat. tit. 36, § 36-937, 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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Hearing on order or decision by Commission made without a
Official statutory text
hearing - Appeal to Supreme Court.
A. Any insurer or advisory organization aggrieved by any order
or decision of the Insurance Commissioner, made without a hearing,
may, within thirty (30) days after notice of the order to the
insurer or organization, make written request to the Commissioner
for a hearing thereon. The Commissioner shall hear such party or
parties within twenty (20) days after receipt of such request and
shall give not less than ten (10) days' written notice of the time
and place of the hearing. Within fifteen (15) days after such
hearing, the Commissioner shall affirm, reverse or modify the
previous action of the Commissioner, specifying its reasons
therefor. Pending such hearing and decision thereon, the
Commissioner may suspend or postpone the effective date of the
previous action of the Commissioner.
B. Nothing contained in this act shall require the observance
at any hearing, of formal rules of pleading or evidence.
C. Except as otherwise provided in this act, any order or
decision of the Commissioner made pursuant to this act shall be
subject to review by appeal to the Supreme Court of Oklahoma at the
instance of any party in interest. Such party in interest may
appeal from such order or decision by filing with the Clerk of the
Supreme Court, within thirty (30) days from the date of such order
or decision, a petition in error with a copy of the order or
decision appealed from. The time limit prescribed herein for filing
the petition in error may not be extended. The Supreme Court shall
prescribe, by rule, the manner in which the record of the
proceedings, sought to be reviewed, shall be perfected and the time
for its completion. The appeal shall not stay the execution of any
Oklahoma Statutes - Title 36. Insurance Page 210
order or decision of the Commissioner unless the Supreme Court
shall, for cause shown, order that said decision or order be stayed
pending such appeal, in which event the Court shall determine the
terms and conditions upon which the same shall be stayed; provided,
premiums collected prior to the effective date of the order of the
Court imposing a stay shall be retained by the insurer unless the
Court finds that such premiums were obtained by fraud, or unless
otherwise ordered by the Court.
The Court may, in disposing of the issue before it, determine
all issues of law and fact, and may modify, affirm or reverse the
order or decisions of the Commissioner in whole or in part.
A. Any insurer or advisory organization aggrieved by any order
or decision of the Insurance Commissioner, made without a hearing,
may, within thirty (30) days after notice of the order to the
insurer or organization, make written request to the Commissioner
for a hearing thereon. The Commissioner shall hear such party or
parties within twenty (20) days after receipt of such request and
shall give not less than ten (10) days' written notice of the time
and place of the hearing. Within fifteen (15) days after such
hearing, the Commissioner shall affirm, reverse or modify the
previous action of the Commissioner, specifying its reasons
therefor. Pending such hearing and decision thereon, the
Commissioner may suspend or postpone the effective date of the
previous action of the Commissioner.
B. Nothing contained in this act shall require the observance
at any hearing, of formal rules of pleading or evidence.
C. Except as otherwise provided in this act, any order or
decision of the Commissioner made pursuant to this act shall be
subject to review by appeal to the Supreme Court of Oklahoma at the
instance of any party in interest. Such party in interest may
appeal from such order or decision by filing with the Clerk of the
Supreme Court, within thirty (30) days from the date of such order
or decision, a petition in error with a copy of the order or
decision appealed from. The time limit prescribed herein for filing
the petition in error may not be extended. The Supreme Court shall
prescribe, by rule, the manner in which the record of the
proceedings, sought to be reviewed, shall be perfected and the time
for its completion. The appeal shall not stay the execution of any
Oklahoma Statutes - Title 36. Insurance Page 210
order or decision of the Commissioner unless the Supreme Court
shall, for cause shown, order that said decision or order be stayed
pending such appeal, in which event the Court shall determine the
terms and conditions upon which the same shall be stayed; provided,
premiums collected prior to the effective date of the order of the
Court imposing a stay shall be retained by the insurer unless the
Court finds that such premiums were obtained by fraud, or unless
otherwise ordered by the Court.
The Court may, in disposing of the issue before it, determine
all issues of law and fact, and may modify, affirm or reverse the
order or decisions of the Commissioner in whole or in part.
Status: in_force · Read it on the official government site
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