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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 36. INSURANCE

  § 36-405. Emergency cease and desist order - Hearing - Judicial review - Attorneys fees.  

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  • 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.

    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.

Added by Laws 2008, c. 184, § 5, eff. July 1, 2008.