Oklahoma § 36-6103.6 - Emergency cease and desist orders - Service - Hearing

§ 36-6103.6. Emergency cease and desist orders - Service - Hearing

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

Section 6103.5 of this title, 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 require the person immediately to cease and desist from

the acts, methods or practices stated.

B. 1. If a person affected by an emergency cease and desist

order seeks to contest that order, the person may request a hearing

Oklahoma Statutes - Title 36. Insurance

before the Commissioner. The person affected must request the

hearing not later than the 30th 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 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 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 10th day 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

continues 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 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.

D. The Commissioner may recover reasonable attorney's 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 1994, c. 294, § 16, eff. Sept. 1, 1994. Amended by

Laws 1997, c. 418, § 107, eff. Nov. 1, 1997.