Oklahoma § 36-6755 - Examination and enforcement of act

§ 36-6755. Examination and enforcement of act

A. After initial registration, and upon complaint or proper

cause shown, providers, administrators, insurers or other persons

shall be subject to periodic examination by the Insurance

Commissioner, in the same manner and subject to the same terms and

conditions that apply to insurers.

B. The Commissioner may take action which is necessary or

appropriate to enforce the provisions of the Oklahoma Home Service

Contract Act and the orders of the Commissioner and to protect

service contract holders in this state.

1. If a provider has violated the Oklahoma Home Service

Contract Act or the Commissioner’s rules or orders, the Commissioner

may issue an order directed to that provider to cease and desist

from committing violations of the Oklahoma Home Service Contract Act

Oklahoma Statutes - Title 36. Insurance

or the Commissioner's rules or orders, may issue an order

prohibiting a service contract provider from selling or offering for

sale service contracts in violation of the Oklahoma Home Service

Contract Act, suspend that provider’s registration or may issue an

order imposing a civil penalty on that provider, or any combination

of the following, as applicable:

a.

a person aggrieved by an order issued under this

paragraph may request a hearing before the

Commissioner. The hearing request shall be filed with

the Commissioner within twenty (20) days of the date

the Commissioner's order is effective,

b.

if a hearing is requested, an order issued by the

Commissioner under this section shall be suspended

from the original effective date of the order until

completion of the hearing and final decision of the

Commissioner, and

c.

at the hearing, the burden shall be on the

Commissioner to show why the order issued pursuant to

this paragraph is justified. The hearing requested

under this section shall be held in accordance with

the Administrative Procedures Act and the laws and

rules of the Insurance Department.

2. The Commissioner may bring an action in any court of

competent jurisdiction for an injunction or other appropriate relief

to enjoin threatened or existing violations of the Oklahoma Home

Service Contract Act or of the Commissioner’s orders or rules. An

action filed under this paragraph may also seek restitution on

behalf of persons aggrieved by a violation of the Oklahoma Home

Service Contract Act or orders or rules of the Commissioner.

3. A person who is found to have violated the Oklahoma Home

Service Contract Act or orders or rules of the Commissioner may be

assessed a civil penalty in an amount determined by the Commissioner

of not more than Five Hundred Dollars ($500.00) per violation and no

more than Ten Thousand Dollars ($10,000.00) in the aggregate for all

violations of a similar nature. For purposes of this section,

violations shall be of a similar nature if the violation consists of

the same or similar course of conduct, action, or practice,

irrespective of the number of times the act, conduct, or practice

which is determined to be a violation of the Oklahoma Home Service

Contract Act occurred. This act is administrative only and nothing

in this act shall be construed to create a private cause of action

hereunder.

Added by Laws 2011, c. 224, § 6, eff. Nov. 1, 2011.