Oklahoma § 36-6154 - Suspension or revocation of certificate of authority

§ 36-6154. Suspension or revocation of certificate of authority

A. The Commissioner may suspend or revoke any certificate of

authority issued to a prepaid dental plan organization pursuant to

the provisions of the Prepaid Dental Plan Act if the Commissioner

finds that any of the following conditions exist:

1. The prepaid dental plan organization is operating contrary

to the basic organizational documents of the organization or is

operating in a manner contrary to that described in, and reasonably

inferred from, any other information submitted pursuant to Section

6144 of this title;

2. The prepaid dental plan organization issued membership

coverage which does not comply with the requirements of Section 6148

of this title;

3. The prepaid dental plan does not provide or arrange for

basic dental services appropriate to a prepaid dental plan;

4. The prepaid dental plan organization can no longer be

expected to meet obligations to members or prospective members of

the prepaid dental plan;

5. The prepaid dental plan organization, or any authorized

person acting on behalf of the organization, has advertised or

merchandised services offered by said organization in an untrue,

misleading, deceptive, or unfair manner;

6. The prepaid dental plan organization fails to deal equitably

with any dentists, dental physicians, technicians, or other persons

or facilities whose services are covered within a contract or policy

for prepaid dental insurance; or

7. The prepaid dental plan organization has failed to

substantially comply with the provisions of the Prepaid Dental Plan

Act or any rules and regulations promulgated thereunder.

B. When the certificate of authority of a prepaid dental plan

organization is suspended, the organization shall not accept, during

the period of such suspension, any additional members except newly

acquired dependents of existing members and shall not engage in any

advertising or solicitation.

C. When the certificate of authority of a prepaid dental plan

organization is revoked, the organization shall proceed to terminate

operation of the organization immediately and shall conduct no

Oklahoma Statutes - Title 36. Insurance

further business except as may be essential to the orderly

conclusion of the business affairs of the organization. The

Commissioner, by written order, may permit such further operation of

the organization as the Commissioner finds to be in the best

interest of members of the organization.

D. If a certificate of authority is suspended or revoked

pursuant to the provisions of this section, the Commissioner may

invoke a fine not exceeding One Thousand Dollars ($1,000.00) for

each violation. The payment of the fine may be enforced in the same

manner as civil judgments may be enforced.

E. A prepaid dental plan organization which has had its

certificate of authority denied, suspended, or revoked, or has

suffered an adverse decision by the Commissioner, shall be entitled

to a hearing pursuant to the provisions of the Administrative

Procedures Act, Sections 301 through 326 of Title 75 of the Oklahoma

Statutes.

Added by Laws 1983, c. 66, § 14, eff. Nov. 1, 1983. Amended by Laws

2009, c. 432, § 21, eff. July 1, 2009.