Oklahoma § 36-6121 - Permits required – Approval and denial of permit

§ 36-6121. Permits required – Approval and denial of permit

A. Any organization which shall offer for sale, accept money or

anything of value, or contract for prearranged or prepaid funeral

services, or funeral service merchandise as defined in the Funeral

Services Licensing Act, or for any contract providing future funeral

services or funeral merchandise at a fixed price or at a cost plus a

percentage, or at retail price less a percentage discount, or for

any special consideration of any kind to be granted or made

available to the purchaser or holder of such contract, in this

state, under any sales contract, bond, certificate or other form of

written document providing for prepaid, discounted or otherwise

specially priced funeral or burial benefits or services or funeral

merchandise to be delivered at an undetermined future date dependent

upon the death of a contracting party or other person designated by

a contracting party (hereinafter called "prepaid funeral benefits")

shall first obtain a permit from the Insurance Commissioner

authorizing the transaction of this type of business. It shall be

unlawful to offer for sale, accept money or anything of value for,

or contract for prepaid funeral benefits without a valid, current

permit.

B. The Insurance Commissioner may deny the issuance of a permit

if the organization:

1. Makes a material misstatement or misrepresentation in an

application for a permit;

2. Fraudulently or deceptively obtains or attempts to obtain a

permit for another; or

3. If any of its officers, owners, partners, directors, or

other persons responsible for the conduct of its affairs and day-today operations are determined by the Commissioner to not be

Oklahoma Statutes - Title 36. Insurance

competent, trustworthy, financially responsible, and of good

personal and business reputation and character.

C. The Insurance Commissioner may approve an application of an

organization for a permit and deny the request of the organization

to act as a trustor if the organization, or any of its officers,

owners, partners, directors, or other persons responsible for the

conduct of its affairs and day-to-day operations, does not satisfy

all qualifications. This shall not hinder an organization from

entering into contracts funded by assignments of insurance.

D. All permits issued pursuant to the provisions of this

section shall be displayed in a conspicuous place at all times on

the premises of the organization. No organization may consent to,

or allow the use or display of, the permit by a person other than

the persons authorized to represent the organization in contracting

prepaid funeral benefits.

E. The organization shall not be entitled to enforce a contract

made in violation of the act, but the purchaser or the heirs of the

purchaser, or legal representative, shall be entitled to recover

triple the amounts paid to the organization with interest thereon at

the rate of six percent (6%) per annum under any contract made in

violation hereof.

F. For purposes of Sections 6121 through 6136.18 of this title,

the term "organization" shall mean a "funeral establishment", as

defined in the Funeral Services Licensing Act, in Section 396.2 of

Title 59 of the Oklahoma Statutes.

G. Each permit holder, upon receipt of any inquiry from the

Insurance Commissioner, shall, within twenty (20) days from the date

of receipt of the inquiry, furnish the Insurance Commissioner with

an adequate response to the inquiry.

H. Each permit holder shall electronically notify the Insurance

Commissioner, in the manner and form prescribed by the Insurance

Commissioner, along with any applicable fees, of any change in

address or contact information within thirty (30) days of the

change. Any submission of a change of legal business name, dba or

assumed name, address or email address received more than thirty

(30) days after the change occurred shall be accompanied by a fee of

Fifty Dollars ($50.00).

Added by Laws 1970, c. 332, § 1. Amended by Laws 1988, c. 118, § 1,

eff. Nov. 1, 1988; Laws 1989, c. 297, § 33, eff. Nov. 1, 1989; Laws

1993, c. 267, § 1, eff. Sept. 1, 1993; Laws 2009, c. 294, § 1, eff.

Nov. 1, 2009; Laws 2016, c. 73, § 8, eff. Nov. 1, 2016; Laws 2025,

c. 55, § 3, eff. Nov. 1, 2025.