Oklahoma § 36-6103.4 - Hearing

§ 36-6103.4. Hearing

A. 1. If the Insurance Commissioner has reason to believe or

it appears that a person or insurer has violated or is threatening

to violate the provisions of Sections 6103.1 through 6103.11 of this

title or a rule promulgated pursuant thereto, or that a person or

insurer acting in violation of Sections 6103.1 through 6103.11 of

this title has engaged in or is threatening to engage in an unfair

method of competition or an unfair or deceptive act or practice as

defined in Section 1201 et seq. of this title or a rule promulgated

pursuant thereto, the Commissioner may set a hearing and shall serve

on that person or insurer allegations of fact and a notice of

hearing, in conformance with the Administrative Procedures Act and

the Oklahoma Insurance Code, and the applicable rules thereof.

2. The hearing must be held not earlier than the 5th day or

later than the 30th day after the date of service of the statement

and notice unless the parties, with prior written approval of the

Commissioner, mutually agree to some other arrangements. Process

may be served by registered mail, return receipt requested, to the

person's last-known address.

3. The hearing shall be conducted in the manner provided for

contested cases under the Administrative Procedures Act and the

Oklahoma Insurance Code, and the applicable rules thereof.

B. 1. After the hearing, the Commissioner may issue an order

against the person or insurer charged with a violation requiring

that the person or insurer immediately cease and desist from the

violation.

2. A person aggrieved by a final order or decision of the

Insurance Commissioner pursuant to Sections 6103.1 through 6103.11

of this title may seek judicial review pursuant to Section 318 of

Title 75 of the Oklahoma Statutes.

Oklahoma Statutes - Title 36. Insurance

C. The Insurance Commissioner may promulgate reasonable rules

necessary to carry out this section.

D. The Insurance Commissioner may proceed under Sections 6103.1

through 6103.11 of this title or under any other applicable law

without regard to prior proceedings.

Added by Laws 1994, c. 294, § 14, eff. Sept. 1, 1994. Amended by

Laws 1997, c. 418, § 105, eff. Nov. 1, 1997.