§ 36-6103.7. Cease and desist orders - Enforcement.

A.  1.  If the Insurance Commissioner reasonably believes that a person has violated a cease and desist order issued under Sections 6103.1 through 6103.11 of this title, the Commissioner may:

a.initiate individual proceedings under this section pursuant to the Administrative Procedures Act,

b.initiate proceedings to revoke the certificate of authority of the person affected by a ruling or action issued under Sections 6103.1 through 6103.11 of this title, or

c.pursue any other action the Commissioner deems appropriate under applicable law.

2.  In determining whether a cease and desist order has been violated, the Commissioner shall consider the maintenance of procedures reasonably adopted to ensure compliance with the order.  The hearing shall be conducted according to the procedure for contested cases under the Administrative Procedures Act.

B.  After a hearing, if the Commissioner determines that a cease and desist order has been violated, the Commissioner may:

1.  Impose a civil penalty of Twenty-five Thousand Dollars ($25,000.00) for each act of violation;

2.  Direct the person against whom the order was issued to make complete restitution, in the form and amount and within the period determined by the Commissioner, to all Oklahoma residents, Oklahoma insureds, and entities operating in Oklahoma damaged by the violation or failure to comply; or

3.  Both impose the penalty and direct restitution.

C.  A person aggrieved by a final order or decision of the Commissioner pursuant to Sections 6103.1 through 6103.11 of this title may seek judicial review pursuant to Section 318 of Title 75 of the Oklahoma Statutes.  The Commissioner may recover reasonable attorney's fees if judicial action is necessary to enforce an order.

Added by Laws 1994, c. 294, § 17, eff. Sept. 1, 1994.  Amended by Laws 1997, c. 418, § 108, eff. Nov. 1, 1997.