Oklahoma § 36-1208 - Judicial review of cease and desist orders

§ 36-1208. Judicial review of cease and desist orders

A. Any person required by an order of the Insurance

Commissioner under Section 1207 of this title to cease and desist

from engaging in any unfair method of competition or any unfair or

deceptive act or practice defined in Section 1204 of this title may

Oklahoma Statutes - Title 36. Insurance

obtain a review of such order by filing in the district court of

Oklahoma County, or the county in which the order was served, within

thirty (30) days from the date of service of such order, a written

petition praying that the order of the Commissioner be set aside. A

copy of the petition shall be served upon the Commissioner, and

thereupon the Commissioner shall certify and file in such court a

transcript of the entire record in the proceeding, including all the

evidence taken and the report and order of the Commissioner. Upon

filing the petition and transcript, the court shall have

jurisdiction of the proceeding and of the question determined

therein, shall determine whether the filing of the petition shall

operate as a stay of the order of the Commissioner, and shall have

power to make and enter upon the pleadings, evidence, and

proceedings set forth in the transcript a decree modifying,

affirming or reversing the order of the Commissioner, in whole or in

part. The findings of the Commissioner as to the facts, if

supported by the evidence, shall be conclusive.

B. To the extent that the order of the Commissioner is

affirmed, the court shall thereupon issue its own order commanding

obedience to the terms of the order of the Commissioner. If either

party shall apply to the court for leave to adduce additional

evidence, and shall show to the satisfaction of the court that

additional evidence is material and that there were reasonable

grounds for the failure to adduce such evidence in the proceeding

before the Commissioner, the court may order additional evidence be

taken before the Commissioner, and to be adduced upon the hearing in

such manner and upon such terms and conditions as to the court may

seem proper. The Commissioner may modify findings of fact, or make

new findings by reason of the additional evidence so taken, and

shall file such modified or new findings which, if supported by the

evidence, shall be conclusive, and his recommendation, if any, for

the modification or setting aside of his original order, with the

return of such additional evidence. Appeal may be taken from the

district court as provided in other civil cases.

C. A cease and desist order issued by the Commissioner under

Section 1207 of this title shall become final:

1. Upon the expiration of the time allowed for filing a

petition for review if no such petition has been duly filed within

such time; except that the Commissioner may thereafter modify or set

aside an order to the extent provided in subsection B of Section

1207 of this title; or

2. Upon the final decision of the court if the court directs

that the order of the Commissioner be affirmed or the petition for

review dismissed.

D. No order of the Commissioner under this article or order of

a court to enforce the same shall in any way relieve or absolve any

Oklahoma Statutes - Title 36. Insurance

person affected by such order from any liability under any other

laws of this state.

Added by Laws 1957, p. 265, § 1208. Amended by Laws 1997, c. 418, §

45, eff. Nov. 1, 1997.