Oklahoma § 36-361

§ 36-361.

records

Anti-Fraud Unit - Investigations - Confidentiality of

Oklahoma Statutes - Title 36. Insurance

A. There is hereby created within the Insurance Department,

under the control and direction of the Insurance Commissioner, an

"Anti-Fraud Unit" within the Legal and Investigation Division of the

Insurance Department.

B. Violations of any statute or administrative rule of this

state pertaining to suspected insurance fraud or pertaining to any

insurance product, insurance organization, or licensee under the

regulation or authority of the Commissioner may be investigated by

the Anti-Fraud Unit. Whenever the Unit determines that a violation

of any criminal law of this state may have occurred, it may refer

the matter to the Oklahoma State Bureau of Investigation for further

investigation pursuant to Section 150.5 of Title 74 of the Oklahoma

Statutes or the Attorney General pursuant to Section 18b of Title 74

of the Oklahoma Statutes. The Insurance Department shall retain the

authority to initiate and prosecute any administrative or civil

action it deems necessary or advisable.

C. The Anti-Fraud Unit may employ investigators who may be

commissioned by the Insurance Commissioner to serve as peace

officers, as defined by and pursuant to the guidelines and

requirements of Section 3311 of Title 70 of the Oklahoma Statutes

and Sections 99 and 99a of Title 21 of the Oklahoma Statutes.

D. Records, documents, reports and evidence obtained or created

by the Anti-Fraud Unit as a result of an inquiry or investigation of

any suspected insurance related crime shall be confidential and

shall not be subject to the Oklahoma Open Records Act or to outside

review or release by any individual. Information and records shall

be disclosed upon request to officers and agents of federal, state,

county, or municipal law enforcement agencies, to the Oklahoma State

Bureau of Investigation, to the Attorney General's office and to

district attorneys, in the furtherance of criminal investigations.

Added by Laws 1999, c. 344, § 1, emerg. eff. June 8, 1999. Amended

by Laws 2002, c. 307, § 5, eff. Nov. 1, 2002; Laws 2004, c. 131, §

1; Laws 2005, c. 129, § 2, eff. Nov. 1, 2005; Laws 2009, c. 176, §

21, eff. Nov. 1, 2009; Laws 2012, c. 235, § 4, eff. July 1, 2012;

Laws 2016, c. 97, § 1, eff. Nov. 1, 2016.