Oklahoma § 36-7125 - Application for permit - Cancellation of or refusal to

§ 36-7125. Application for permit - Cancellation of or refusal to

issue or renew permit - Appeal.

A. Each organization desiring to accept money or anything of

value for prepaid cemetery merchandise shall file an application for

a permit with the Insurance Commissioner, and shall at the time of

filing the application pay one initial filing fee of Two Hundred

Dollars ($200.00). All applications shall be filed electronically

in the manner and form prescribed by the Commissioner, along with

any applicable transaction or other fees. The Commissioner may

issue a permit upon the receipt of the application, the annual

report in accordance with Section 7128 of this title and payment of

the filing fees, and upon making a finding that the applicant has

complied with the Cemetery Merchandise Trust Act and the rules as

may be established pursuant to the Cemetery Merchandise Trust Act by

the Commissioner. All applications shall be signed by the

organization requesting the permit, and shall contain a statement

that the applicant will comply with all the requirements as

established pursuant to the Cemetery Merchandise Trust Act. All

permits shall expire on March 15 of the year following the year the

permit is first issued, unless renewed. Permits may be renewed for

a period not to exceed the succeeding March 15 upon the payment of a

renewal fee of Two Hundred Dollars ($200.00). Any permit expired

for failure to submit a renewal application may be reinstated within

ninety (90) days after the expiration date by electronically

submitting a fee in an amount that is double the renewal fee and a

renewal application in the form and manner prescribed by the

Insurance Commissioner, along with any transaction or other

applicable fees. The Insurance Commissioner shall require a permit

holder whose permit has been expired for more than ninety (90) days

to reapply as if they were a new applicant and pay an application

Oklahoma Statutes - Title 36. Insurance

fee equal to an amount that is double the renewal fee in addition to

any fines imposed. All applications received after the permit has

been expired for more than ninety (90) days shall include a detailed

report of services provided in this state during the period of

expired permit.

B. The Commissioner may suspend, revoke, refuse to issue, or

refuse to renew a permit for failure to comply with any provisions

of the Cemetery Merchandise Trust Act or any rules promulgated

thereto by the Commissioner, after reasonable notice to the

permittee and opportunity for hearing before the Commissioner in

accordance with Article II of the Administrative Procedures Act.

C. No organization shall be entitled to a permit after

revocation, or refusal by the Commissioner to renew a permit, but

may thereafter be issued a permit upon satisfactory proof of

compliance with the Cemetery Merchandise Trust Act and the rules

promulgated thereto.

D. An organization aggrieved by the actions of the Commissioner

may appeal therefrom to the Oklahoma Insurance Department as

provided by the Administrative Procedures Act.

E. Each permit holder shall electronically submit, in a form

and manner prescribed by the Insurance Commissioner, along with any

applicable fees, any change of legal business name, dba or assumed

name, address, or email address within thirty (30) days after the

change occurred. Any submission of a change of legal business name,

dba or assumed name, address, or contact eemail address received

more than thirty (30) days after the change occurred shall be

accompanied by a fee of Fifty Dollars ($50.00).

F. Every 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.

Added by Laws 1989, c. 297, § 21, eff. Nov. 1, 1989. Amended by

Laws 1995, c. 82, § 7, eff. Nov. 1, 1995; Laws 2000, c. 205, § 30,

emerg. eff. May 17, 2000; Laws 2008, c. 275, § 9, eff. July 1, 2008;

Laws 2010, c. 58, § 15, eff. July 1, 2010. Renumbered from § 305 of

Title 8 by Laws 2010, c. 58, § 42, eff. July 1, 2010. Amended by

Laws 2013, c. 269, § 21, eff. Nov. 1, 2013; Laws 2025, c. 55, § 11,

eff. Nov. 1, 2025.