Oklahoma § 15-141.35 - Cease and desist order – Procedure - Hearing

§ 15-141.35. Cease and desist order – Procedure - Hearing

A. Upon issuance of an emergency cease and desist order under

Section 4 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 acts, methods or practices stated.

Oklahoma Statutes - Title 15. Contracts

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 Commissioner. The person affected must request the

hearing not later than thirty (30) days after the date on which the

person receives the order. A request to contest an order shall be

in writing and directed to the Commissioner and shall state the

grounds for the request to set aside or modify the order.

2. On receiving the request for a hearing, the 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 shall be

held not later than ten (10) days after the date the 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

shall continue in full force and effect unless the order is stayed

by the 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 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 and decision of the

Commissioner may seek judicial review pursuant to Section 318 of

Title 75 of the Oklahoma Statutes.

D. The 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 2016, c. 72, § 5, eff. Nov. 1, 2016.

NOTE: Laws 2016, c. 64, § 5 repealed by Laws 2017, c. 42, § 8.