Oklahoma § 36-1209 - Procedure as to unfair methods of competition and unfair

§ 36-1209. Procedure as to unfair methods of competition and unfair

or deceptive acts or practices which are not defined.

A. Whenever the Insurance Commissioner shall have reason to

believe that any person engaged in the business of insurance is

engaging in this state in any method of competition or in any act or

practice in the conduct of such business which is not defined in

Section 1204 of this title, that the method of competition is unfair

or that the act or practice is unfair or deceptive and that an

administrative proceeding in respect thereto would be to the

interest of the public, the Commissioner may issue and serve such

person a statement of the charges in that respect and a notice in

accordance with the Administrative Procedures Act. The Commissioner

shall, after a hearing or waiver of the right to a hearing, make a

report in writing stating findings as to the facts and serve a copy

thereof upon such person.

B. If such report charges a violation of this article and if

such method of competition, act or practice has not been

discontinued, the Commissioner may cause a petition to be filed in

the district court of Oklahoma County or the district court of this

state within the district wherein the person resides or has his or

her principal place of business, to enjoin and restrain such person

from engaging in such method, act or practice. The Commissioner may

request the Attorney General to appear in the name of the state by

relation of the Commissioner. The court shall have jurisdiction of

the proceeding and shall have power to make and enter appropriate

orders in connection therewith and to issue such writs as are

ancillary to its jurisdiction or are necessary in its judgment to

prevent injury to the public pendente lite.

C. A transcript of the proceedings before the Commissioner

including all evidence taken and the report and findings shall be

filed with such petition. 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

there were reasonable grounds for the failure to adduce evidence in

the proceeding before the Commissioner, the court may order

additional evidence to 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 he shall file such modified or new

findings with the return of such additional evidence.

Oklahoma Statutes - Title 36. Insurance

D. If the court finds that the method of competition complained

of is unfair or that the act or practice complained of is unfair or

deceptive, that the proceeding by the Commissioner with respect

thereto is to the interest of the public and that the findings of

the Commissioner are supported by the weight of the evidence, it

shall issue its order enjoining and restraining the continuance of

such method of competition, act or practice.

Added by Laws 1957, p. 265, § 1209. Amended by Laws 1997, c. 418, §

46, eff. Nov. 1, 1997.