Oklahoma § 36-405 - Emergency cease and desist order - Hearing - Judicial

§ 36-405. Emergency cease and desist order - Hearing - Judicial

review - Attorneys fees.

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

Section 3 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 violation of subsection A of Section 2 of this act.

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 Insurance Commissioner. The person affected must request

the hearing not later than the thirtieth day after the date on which

the person receives the order. A request to contest an order must

be in writing and directed to the Insurance Commissioner and must

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

2. On receiving the request for a hearing, the Insurance

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 is to be held not later than the tenth day after the date

the Insurance 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

continues in full force and effect unless the order is stayed by the

Insurance 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 Insurance 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 of the Insurance

Commissioner pursuant to the Crimes By or Affecting Persons Engaged

in the Business of Insurance Act may seek judicial review pursuant

to Section 318 of Title 75 of the Oklahoma Statutes.

D. The Insurance Commissioner may recover reasonable attorney

fees if judicial action is necessary for enforcement of the order.

Oklahoma Statutes - Title 36. Insurance

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 2008, c. 184, § 5, eff. July 1, 2008.