Oklahoma § 36-6103.7 - Cease and desist orders - Enforcement

§ 36-6103.7. Cease and desist orders - Enforcement

A. 1. If the Insurance Commissioner reasonably believes that a

person has violated a cease and desist order issued under Sections

6103.1 through 6103.11 of this title, the Commissioner may:

a.

initiate individual proceedings under this section

pursuant to the Administrative Procedures Act,

b.

initiate proceedings to revoke the certificate of

authority of the person affected by a ruling or action

issued under Sections 6103.1 through 6103.11 of this

title, or

c.

pursue any other action the Commissioner deems

appropriate under applicable law.

2. In determining whether a cease and desist order has been

violated, the Commissioner shall consider the maintenance of

procedures reasonably adopted to ensure compliance with the order.

Oklahoma Statutes - Title 36. Insurance

The hearing shall be conducted according to the procedure for

contested cases under the Administrative Procedures Act.

B. After a hearing, if the Commissioner determines that a cease

and desist order has been violated, the Commissioner may:

1. Impose a civil penalty of Twenty-five Thousand Dollars

($25,000.00) for each act of violation;

2. Direct the person against whom the order was issued to make

complete restitution, in the form and amount and within the period

determined by the Commissioner, to all Oklahoma residents, Oklahoma

insureds, and entities operating in Oklahoma damaged by the

violation or failure to comply; or

3. Both impose the penalty and direct restitution.

C. A person aggrieved by a final order or 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. The Commissioner may recover reasonable

attorney's fees if judicial action is necessary to enforce an order.

Added by Laws 1994, c. 294, § 17, eff. Sept. 1, 1994. Amended by

Laws 1997, c. 418, § 108, eff. Nov. 1, 1997.