§ 36-1140. Definitions - Licensing - Application - Duration of license.

A.  “Advisory organization” means a corporation, an unincorporated association, a partnership or an individual, whether located inside or outside of this state, organized and licensed for the purpose of making rates, loss costs, rating plans, statistical collection, furnishing statistical data, policy forms and endorsements or rating systems.

B.  The term “advisory organization” shall be synonymous with the terms “bureau”, “statistical agent” and “rating organization”.

C.  No advisory organization shall provide any service relating to the loss costs, rates, rating plans, manual rules, rating systems or policy forms of any property and casualty insurance products subject to the provisions of the Oklahoma Insurance Code and no insurer shall utilize the services of such organization unless the organization has obtained a license.

D.  No advisory organization shall refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the usual compensation for the services.

E.  1.  An advisory organization applying for a license shall include with its application:

a.a copy of its constitution, charter, articles of organization, agreement, association or incorporation, and a copy of its bylaws, plan of operation and any other rules or regulations governing the conduct of its business,

b.a list of its members and subscribers,

c.the name and address of one or more residents of this state upon whom notices, process affecting it, or orders of the Insurance Commissioner may be served,

d.a statement showing its technical qualifications for acting in the capacity for which it seeks a license,

e.a biography of the ownership and management of the organization, and

f.any other relevant information and documents that the Commissioner may require.

2.  Every organization which has applied for a license shall notify the Commissioner of every material change in the facts or in the documents on which its application was based.  Any amendment to a document filed under this section shall be filed at least thirty (30) days before it becomes effective.

3.  If the Commissioner finds that the applicant and the natural persons through whom it acts are competent, trustworthy and technically qualified to provide the services proposed, and that all requirements of the law are met, the Commissioner shall issue a license specifying the authorized activity of the applicant.  The Commissioner shall not issue a license if the proposed activity would tend to create a monopoly or to substantially lessen the competition in the market.

4.  Licenses issued pursuant to this section shall remain in force for one (1) year unless suspended or revoked.  The Commissioner may at any time, after a hearing, revoke or suspend the license of any advisory organization that does not comply with the requirements and standards of the applicable provisions of the Insurance Code.

Added by Laws 2006, c. 264, § 30, eff. July 1, 2006.